On The Death Compensation

The definition of death compensation has been an arguable issue. Mainly due to the various contradict laws and regulations. Even the latest Tort Law and corresponding implementation regulation have not clearly defined the nature of death compensation and mind injury compensation, the relationships between the two, not to mention the clear standards and methods of calculation. The differences between the Jurisprudence and legal profession on the issue of death compensation severely restricted the process of legislation and the legal system. How to protect the equal right to life has been a very important thing placed in the interface of theory and practice together.On the analysis of the nature of compensation for death, and the merits of extraterritorial legislation, this paper reviewed the shortcomings and flaws of China’s death compensation claims, and mainly focused on the body and patterns of exercising death compensation and therefore proclaimed the proper countermeasures.This paper is divided into three parts, addition to the introduction and conclusion:The first part:On the nature of death compensation. The paper discussed different jurisdictions of the world system of compensation on the death on a comparative longitudinal research standpoint, and detailed analyzed the similarities and differences of death compensation and mind injury compensation. This paper drew a critical point of view that death compensation is a kind of mind injury compensation.The second part:To the further extent, who should exercise the right and how to exercise? And if there is no close relatives, who should be the body of such right? This paper gave an specific answer. The third part:On the compensation standards for death compensation. This paper further discussed the disordered system of death compensation, the unclear legislature, by residence, age and other practical factors, combined with China’s specific national conditions, and tried to put in improve vision.The possible innovation:The main body of this article is divided into four parts, namely, from the history and other jurisdictions standpoints to analyze the death compensation system, and fully reflects the respect for the right to life.The research method, death compensation issue is not just a technical legislation problem, but a social problem. Based on this, the research method, in addition to traditional comparative research and text research, includes the sociological research methods as an important approach, and the theoretical analysis provides a broader horizon.Position in the study, I selected the position of the victim, the death compensation system as a distillation of the equal right to life, based on a humanistic concern, highlighted the practical value of the article itself.Of course, confined to the limited capacity of the author, this paper has inevitable shortcomings. Although this paper also try to use the sociological approach, but limited to the requirements of the article and the systematic comparative study of materials, the depth and breadth of this paper need to be further improved and perfected.