China's Death Compensation Fund System

There are always some disputes for the Death compensation from its concept, range of compensation to standard of compensation. Although the supreme court of china's interpretation on several issues of application of law to hear the case of damage to person that is passed in December 4th, 2003 has a clear regulation for the range and the standard of compensation. But many problems have still appeared in process of application. Different people have different views for its theory and judicial practice. Especially the problem that as a result of the difference of victim individual situations, the compensation result will be also obviously different has a big divergence. How to break that is an important proposition being engaged in the field of law theory and judicial reality. The author will try researching on the Death Compensation System in China by accumulation in trial practice.The paper is divided into three parts.The thesis is composed of the foreword, text and conclusion. The foreword part introduces the background and significance of writing thesis, such as current legislative situation, writing methods and overall train of thought of this thesis.Text is composed of four parts.Part one is the summary. It introduces the concept and characteristics of the Death Compensation and evolution in China. By comparison with legislation of different period, we will learn something in current situation. The emphases of research of this thesis are thereby drawn.In part two, the author investigates the character of Death Compensation. Damage is distinguished for property loss and spirit loss by many countries, so the investigation of character of Death Compensation is drawn thereby. Arguing about character to death compensation has been for a long time in China, the theory of Property compensation is approved by most scholars. By analyzing the theory of Property compensation and the character of the death compensation, we make a conclusion that death compensation belongs to compensation for spirit damage.In part three, the author introduces the problems that exist in the death compensation system in China. Firstly, the death compensation system in China needs to be unified urgently. The appellation of the death compensation is not disaccord, and there is not uniform for its character. So there exists a difference in standard of compensation. Secondly, the subject of compensation and how to assign the death compensation is not clearly stipulated in the current law. Thirdly, since the affection of these factors such as census register, industry, region and age, the number of compensation is also different.In part four, the author puts forward measures how to perfect death compensation system in China. There are some suggestions, namely constituting the law of torts, stipulating the subject of compensation, the order of distribution and principle of the assignment, setting up rational calculating standard for death compensation etc.The part of conclusion sums up the whole thesis.