Zhang Sues Li As An Example On Nature Of Death Compensation And Its Allocation

In judicial practice, cases of death due to traffic accidents and other accidents always occur, from which differences in distribution of the death compensation arise and in consequence leading to another case.For the Lack of unified standards in judicial operations, the similar case will have different results, which undermining the authority and credibility of the judicial justice and being not conducive to the protection of human rights and the social harmony and stability. Studies on the cases related to death compensation are of great value in theory and practice. For a long time, the legal provisions are not clear and the nature of death compensation has been debated in legal theory and judicial practice.Some courts think it is marital property, some courts think it is the property of the deceased, and so on. Even the judge doesn’t have a uniform legal basis for action.In a practical sense, based on the "Zhang Sues Li for Encroaching Death Compensation" as an Example, In a theory sense, it puts forward some advices for perfecting death compensation system from the aspects of legislative, judicial and work system.