On The Research Of The Nature Of Death Compensation

Death compensation has been gradually developed into a fixed concept just sincenearly20years ago, and it has gradually been established as a system in the tort law.But in the ancient and modern history of legislation, similar concepts have ever beendeveloped. it just shows that there are solid historical and social reasons for thesystem existing and being attached importance to. For the concept of compensationfor death, generally speaking, there are two kinds of understanding, one of which isboard sense and another narrow. The broad sense of the concept includes the wholecompensation due to the death caused by tort. However, the narrow sense of theconcept is the major in this paper, which are expressly provided in the law.The debate about the nature of compensation for death has been arose for a longtime, in the same time, each scholars hold their own arguments and make effort toprove it. As more normative legal documents appear, the academic debate has beengradually weakened. Though the direction is consistent, the microscopic discussioncontinues. About the nature, we can discuss in various aspects, including thecalculation of death compensation, and the calculation standard can also causeanother layer of academic discussion.The causes for this situation are various, however there are two most importantreasons. One is the complexity of death compensation system, and the other is thedisorder of the legislation. As a result, the author puts forward some legislativesuggestions in the second part of this article, with the hope that arising sympathy, anddoing indirect help to promote the development of the relevant legislation.