Research On The Leagal Problems Of The Death Indemnity System

Compensation for death means death bears because of their obligation to compensate the person or legal person’s personal misconduct when the death of others, to deal with the deceased person to assume the relevant interests suffered losses. Death compensation is particularly important civil law system, its purpose is to protect the interests of close relatives of the deceased after the violation to give relief.The internal legislation of death compensation system makes provision, but where there are many problems. The provisions of the system are the following shortcomings:the nature of the definition is not clear, followed by the limited scope of compensation is not clear, the scope of the claims subject is unknown, calculating compensation standards blurred. These problems increase the difficulty of the work of judicial compensation, easily lead to social controversy.By examining the foreign death compensation system for the provision found in Germany and Italy, the provisions of this system and its similar, especially in the calculation of the amount of compensation for death, judges from the dead itself, as far as the interests of a home repair to look forward to life reduced to the status of the deceased during life still continues.American lawmakers are with their national characteristics, sonorous and powerful mechanism to build a heavily punitive damages in.The death compensation should be perfect:the spirit of death compensation should the property two angles starting to define the nature and scope of compensation also includes compensation for loss of property and spiritual aspects. Calculation of property loss is divided into two:such as funeral expenses, medical fees, cost should be seen clearly in actual expenditure limit; the loss of a close relative of future benefits should be based on20years of residence in per capita income is calculated as the standard. The amount of compensation for moral damages should be positioned100,000yuan more reasonable. Death compensation claims subject scope should be limited to between parents and children, between spouses. Under special circumstances, cohabitation and civil affairs bureau also be included in the scope of close relatives.