| The compensation for the infringement of the right to life is a very important but annoying problem. Its importance lies in life for every natural person is the cornerstone of survival, only the life sustained, the natural person can exercise the will of his own, the society can be composed and developing, the law that mainly balance the natural of the individual interests and social public interests, must always be faced, cannot be avoided. But because of the subject of rights destroying caused by the loss of the right to life, lead to legal theory and legislation often appear deviation, there for judicial practice appears much contrary to public simple notions of fairness judgments, as the public opinion have accused, public emotions were running high with widespread complaints, based on the huge difference in "life with different prices", the call for "lives with same price" growing louder and louder. In 2009, the long-awaited "Tort Liability Law" has been slow in coming, according to Article 17, where the deaths caused by the same tort can be determined in the same amount of death compensation. This provision does not fundamentally solve the problem, it just a provision the law makes to response the demand of the public. There for, we need to have a deep research on the theory of the compensation to the violations of the right to life, sort out scientific scope of the compensation to damage of right to life, determine the reasonable calculation to different types of damage, attach importance to legal system construction of mental damage compensation, in order to embody the equality and value of life and personality by a thorough compensation, restore the true colors of compensation for infringement of life.This paper is divided into three parts, the first part explains the theory of compensation for the damage caused by the infringement of the right to life, firstly it clears the concept of the right to life and the right to life cannot be compensated; then based on the relationship caused by the infringement,it explains the spirit loss and property loss of the victims and the third party close to the victim in detail, and determine the scope of damage compensation; the second part reviews the current laws of our country, mainly around the "death compensation" and "solatium" arrives the abnormal situation that our country’s relief to the right to life attaches more importance to material loss and ignore the spirit loss,which is the root cause of "same life with different prices", and according to the analysis, it affirms that, based on "the binary pattern of urban and rural areas" of death compensation is in line with China’s actual conditions, and the needs of the public to "the same price of life" roots the claim to the equality of spirit, recommendations to improve the legal system of compensation for spirit damages of China’s violations of the right to life. In the third part, focuses on against the right to life compensation caused by mental damage, proposed to increase the amount of solatium to solve the " life price ", essentially reduction against the true face of the damages of the right to life, to meet the public simply fair view, and realize legal justice. |
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