Fellowship Of Death Compensation System

The estab I i shment of the death compensat i on system i s not on I y a re I i ef to undermine the right to life, but also spiritual comfort to the relatives of the deceased. On the calculation of the death compensation the standards’ rational ity and science is very important. Upon compensation for death, China has of several different effectiveness level laws and regulations, judicial i nterpretat i ons to make d ifferent definitions of its extension and intension, resulting in many problems in the theory and practice. Even if the "Tort Liability Act" enacted does not fundamentally solve these problems, and even causes new controversy, such as the standard’s rationality of the calculation, the relationship between death compensation and a dependent living expenses, death compensation allocation and other issues. The article is divided into four parts studying China’s death compensation system:First, analyzing the general theory of the death compensation system, and illustrating it’s definition, the legal characteristics of nature. Secondly, comparing death compensation system for China and other regions and countries, summing up the extra-territorial system enlightenment. Again, combing our existing death compensation system problems. Finally, proposing Perfection of death compensation system:On the equali ty, full, balance of interests compensation principle, our country should take difference compensation suitably based on the establishment of standard quota compensation, depending on the specific conditions of the victim and the oblige to compensation, in order to reflect the real fairness. Periodic payments and one-time compensation should be taken in two ways, choosing independently by the oblige.