About Death Compensation Heritage Nature

As there is no clear definition of compensation for death, so whether it belongs to the deceased’s estate for the controversy about the problem. Insists is not a heritage of people think:First, the "inheritance" in the estate is the legal property of the deceased left defines that the compensation obtained from the deceased after death, it does not meet the definition of heritage; Secondly, the "Supreme Court on death crash Can compensation as an inheritance reply" not specified compensation for death crash identified as heritage; Third, the proceedings do not confer the right to the dead body of creditors as a request to participate in proceedings claim compensation for death. And argue that belong to the heritage of people:first, from the calculation point of view:the loss of future income the property of the deceased, the deceased should I property; Secondly, the "Insurance Law" Article42provides that:the insured person’s death without specifying the beneficiaries, the insurance premium of the insured property. And insurance, same as obtained from the deceased for compensation for death as an inheritance nor a problem; Third, procedural law not only does not exclude creditors subject of proceedings involved in litigation, nor queuing close relatives of the deceased into action as being heirs claim compensation for death gold, so the compensation should be considered as heritage, the deceased creditor can claim their rights.I think to solve the compensation for death is a legacy issue, it is necessary for our existing death compensation system and its generation to the development process, and its claims based on the role of compensation for death to grasp its essence integrated comb. Whether for death compensation heritage properties, not only should be sought in accordance with the existing legal system, but should be based on the principle of fairness and justice-depth analysis of legal issues in reality, in order to obtain satisfactory answers. Heritage death compensation should be determined mainly reflected in the following aspects:First, compensation for death metal in property damages, exemplary damages, rather than the spirit; Second, close relatives of the deceased request is based on the loss of inheritance and argue; thirdly, because now the law to be dependent for living expenses of the deceased so required, it is still listed as the compensation that compensation for close relatives of the deceased of double compensation; Fourth, from the calculation point of view, the compensation also reflects the expected revenue for the dead should be property of the deceased; Fifth, although the existing legal provisions close relatives of the deceased only entitled to exercise his right compensation for death, but not does not prevent other creditors participate in the proceedings as the subject of proceedings does not prevent death compensation Heritage properties; sixth, inheritance law heritage concept should be interpreted broadly, that the deceased should not only be understood as tangible property, the property also includes the deceased enjoyed claims.Additionally, this article of the "Supreme Court on whether the compensation for death crash as Probate reply" applies particularity analyzed, indicating that it does not preclude compensation for death, personal attributes identified.