Legal Analysis Of China's Death Compensation System

The death compensation suffered abroad criticism from academia andpublic in the present case. The disunity standard of death compensation is thefirst cause. But the death compensation of our country is established by"inherit loss". So the upmost vice was not the disunion standard, but therational death compensation which ignored the interpersonal difference. Itbreached the Inherent function of backfill losing of death compensation. Tosolve the problem of death compensation,the author thought that it is not tomap out unify measure of compensation, but let the death compensationincarnate the income of aggrieved person. Thereby it can safeguard the right ofinheritor who inherit the aggrieved person. This text broke into four part.Introduction partThe author introduce two case. Through this cases,the author paysattention to the death compensation institution and raise the questions. Why thecriticizes form media and common intellectual at are not nicety a great manytime, even being poles apart? The reason why met occur such collision andopposition? How to look on the difference standard of death compensationinstitution?The first part: life authority and death compensation.Above look on death compensation problem, the folk offen attach thedeath compensation and life authority. They thought the death compensation isthe valuable consideration of life authority. In this part, first of all the authoranalyses the notion of life authority. The life authority is with natural person'life for foundation and object. The life authority is the right of both with naturalperson attendance life security and life benefit. Then the author analyses thecharacteristic of life authority. It is the most popular right of human being. It isthe right which has the purpose to shield life continue. It is a nonassignableright. It is a sovereign right. Be the last, the author analyses the relation of lifeauthority and death compensation.Second part: the property of the death compensation and the analyses of it.Who is the death compensation paid for? What kind of amend it is? Inthis part, the author gives us the answer of the property of death compensationthrough analyses. First of all, the author analyses the develop mechanism ofChinese death compensation institution. The author relates death compensate-on for example proceed portrait compare among with Chinese labor insurance.Through the comparison, the death compensation system of our country hasbeen very large advancement. And then, the author analyzed the factors whichimpact the death compensation in law. Through the different provision ofdeath compensation in law, the author summarized many factors which impactthe death compensation. They are inhabitancy, nationality, age, vocation, zone.Therefore, there are many factors impact our country's death compensation.The citizen or farmer status odds only a matter of among the rest. Why thereare so many limiting factors in law when we count the amount of deathcompensation? The author thought we need to analyses the property of deathcompensation first of all. There are some consensus in civil legislation andjuridical practice of death compensation in allied nations. First, the deathcompensation is not the compensation of the versus life of a person. Second,the death compensation is not the amends compensation for the aggrievedperson's damage to property. Third, the death compensation is thecompensation for the family of the aggrieved person. Toward the thirdpoint,there are two viewpoints in nearly all of national law: "fosterforfeiture" and "inherit forfeiture". "foster forfeiture" thought the death ofaggrieved person entails the person who was fostered by him lost the lifesource. So the person who was fostered by the aggrieved person came in forthe indirect injure, hereby he can obtain amends. "inherit forfeiture" thoughtbecause the aggrieved person died, he lost many chances to won moreproperty in the future. It indirect reduced the inheritor's accession in the future.So this loss must be amended. In addition, professor Zhiwei Tong lodged"plunge into decision". He thought the property content of life authority shouldbe due to the expenses of form life and keep body and soul together. Theauthor thought, soever as "inherit injore" just the same "plunge into decision",these all proclaim that the standard of death compensation shouldbe out of condition ration. It is only regarded by individual. The uniformitystandard of our cotmtry has defection.Third part: right of equality, in reason odds etc.The folk offen thought the death compensation are not good for thesimple syllogism reasoning: the value of person's life ought to equal; the deathcompensation is the compensation for the value of person's life; so, the deathcompensation ought to be unit. But it was analyzed, the death compensation isnot the compensation for the value of person's life, but for the person who wasfostered by the aggrieved person. Now then, do these factors which impact thedeath compensation in law invade the right of equality? The author proceedresearch. First, the author analyzed the right of equality. The right of equality isthat all citizen enjoy the coequal right and assume coequal obligation byconstitution and law. The right of equality include not only covered the fairpaly at law, but the fair paly at pre-law. The right of equality claim rationaldiscriminatory. And whether the factors which impact death compensation inlaw are the in reason odds in right of equality? After analyzing the factors ofinhabitancy, zone, vocation, nationality, the author drew a conclusion thatthese factors are not the in reason odd of right of equality.Fourthly part: epilogueIt was form its legislation purpose just the same external effect come upsaid, neither be able to let us satisfaction that in the present Chinese deathcompensation system.