Theory Of Tort In Our Country The Death Compensation

"The people’s Republic of China Tort Liability Act" provisions of article sixteenth of the "death compensation." However, for the quality of the death compensation, academia has always been controversial. In this paper, the quality of the death compensation, points out that the theoretical support of death compensation system of China, combined with the current situation, analysis of the problems existing in China’s system of compensation for death, strive to seek the solution to compensation system problems, China’s death, to better protect the victim’s successor of rights.Besides the preface, this paper consists of four parts:The first part is the definition of death compensation. Firstly, through the analysis of the death compensation, pension, gratuity related concept, in order to determine the true meaning of the death compensation, avoid confusion. Secondly, analysis of death compensation function, the part thinks that death compensation should be punitive, inhibition function of punitive compensation for death can realize the tort liability, to make up for lack of function of criminal punishment, and really can make the foundation of the death compensation system is more conducive to the realization of justice, law relief of the right to life, with certain rationality.The second part is the analysis of the controversial theory of nature of death compensation. This section from the academia to the different understanding of nature of death compensation to, based on "rethinking life with different price" of the problem, analysis of the nature of death compensation is made, the author thinks that the death compensation is the compensation of the close relatives of the dead,"nurture loses said" a reasonable.The third part is the death damages related legislation and judicial practice. In this part, through the analysis of foreign judicial precedents, relevant legislation and the existing problems and research in China, makes a new conception of the death compensation system, the right to life itself contains additional damages National Death solatium system and reasonable principle to fill the death compensation standard of compensation.The fourth part is mainly on how to perfect the system of compensation for death tort in china. Exploration includes the basic concept and principle of compensation for death and to explore the method and calculation method. Considering the maximum amount of compensation for death.