The Research Of Death Damages

According to the Article sixteen of the "Tort Liability Law":infringement caused personal injury, the reasonable expenses shall pay the medical fees, nursing fees, transportation fees and expenses for treatment and rehabilitation, as well as the lost wages. If disabled, the injured person shall be compensated for disability living allowance and disability compensation. If dead, the injured person should also be compensated for funeral expenses and death compensation. According to The Supreme People’s court in2003published on the trial of personal injury compensation case judicial interpretation"(hereinafter referred to as "interpreting) article seventeen, in addition to the provisions of the tort liability law provisions of article sixteenth of the costs, living expenses will have to be paid to the dead person’s dependent. What is more reasonable, whether in theory or in practice, has not reached a unified consensus. The different understanding of article sixteenth of "tort liability law" will produce different degrees of protection to the parties. Moreover, the concept of death damages in the evolution process of law has undergone many changes. This paper will, from the concept of the nature of death compensation, legislative situation at home and abroad, as well as the "rationality and other aspects of the provisions of article sixteenth of the tort liability law", analyze in-depth, so that people have a more clear and correct understanding on the death damages and the article sixteenth of the "tort liability law", and better protect the parties in practice.