Range Of Damages For Infringement Of The Right To Life Of Study

Modern civil law is increasing emphasis on the issue of relief to the right of personality, which is the most basic and important right of personality. The right is also the most important interest protected by national laws. However, in legislation, there is crack to the right to life's compulsion; moreover, in the existing law, the regulations or the judicial interpretation have many unreasonable places. In theory, the range of compensation researching lack of systematic and the compensation principles, objectives and contents still exist some hot disputes. In this paper, the author synthesize the legislative history of our country combining with the observation of legal system advanced country and try to study about these basic questions of this system of compensation for damages of the right to life, and to examine about the ethical and logical contradictions of this system of compensation.The full text is divided into four chapters:The second chapter focuses on the general theory of the right to life. This part is the basis for entire paper, and this part is due to get a whole and correct understanding of wrongful death compensation. The parts start from the concept, system status to introduce the basic situation of the right to life, as well as the private law relief system of the right to life.The second chapter introduces some advanced countries and Chinese history of compensation of wrongful death. During the discussion, the author provides the whole three mode of compensation for death of the world. At the same time, the author analysis many kinds of laws, administrative regulations and judicial interpretations in China. Finally, the author concluded the range of the death compensation is appropriate according to the condition of China.The last two chapters focus on the range of the death compensation based on the review of existing theories. This part is the corn of the paper. The author points out the most important basic principles and factors about the range of the death compensation. On that basis, the author concluded that range of the death compensation includes the tangible damage and intangible damage.