On The Right To Life Liquidated Damages

With China's urban-rural integration accelerate, more farmers surged into the city to make a living, settle down or studying. This situation in accelerating economic development and at the same time also appeared in a series of problems. Especially in recent years, all over China successively appeared more victims died in the same infringement, but because registered permanent residence is different obtained great difference compensation for death. In 2006, for example, chongqing accident happened, three on the same three-wheeled of adolescent girl died, two cities girl all got more than 200,000 yuan compensation, while another rural residence girl be recoverable only nine million, less than half of the former. Similarly is a life, but get compensation but far, really very unfair, it has become a consensus of the whole society. Not only is in the same case is different, the compensation from what every case even the same in different areas, the amount of compensation for judgment also exist great difference. This phenomenon exists say fundamentally deviates from the basic principles of the civil law, equality, fairness, then the word in the face of similar cases pale. In the face of such environment, how we should do to eliminate this unfair status? We only theoretically able to completely eliminate this situation? In practice, how to determine the damages amount to make the victim gets reasonable compensation? Through to these questions thinking, the author discussed this issue, the hope can in theory and practice, therefore make a way to solve the problem of providing reasonable legal advice.The paper includes introduction and conclusions, six parts.Introduction of the main expounded topic to choose a background, significance, the situation at home and abroad and research methods.The text first part mainly discussed the violation of the right to life damages system. Through the analysis of the connotation and value of life, leads violation of the right to life damages the nature and scope classification and function, in to the above problems are analyzed on the basis of finishing, compares objective and reasonable expounds the violation of the right to life damages system of the basic content.The second part is the study of violation of the right to life damages of account standard. From our existing laws expounded based on China's laws on the violation of the right to life damages account standard rules, and on this basis, the author analyzed violation of the right to life damages of related factors.The third part in the foregoing discussed based on violation of the right to life damages account standard problems, mainly from the two aspects of legislation and judicial is analyzed.The fourth part in main speculative violation of the right to life damages account standard advice, points material damages and mental damages perspective.it is summarized.Conclusion to generalize chapters involved the key problems are summed up and environment, and the main ideas of the text summarizes and summarized.This paper mainly through to the violation of the right to life damages system paper, explore violation of the right to life damages account standard and the related problems and puts forward suggestion for improvement. Perfect violation of the right to life damages account standard for further compensation for personal injury formulated perfect legal system, unified violation of the right to life damages account standard has the vital significance.Ⅰhope that this article is able to change violation of the right to life essence of inequality damages the best of my ability.