Study Into Damage And Compansation Of Infrigement On Right Of Life

Rights and abilities of human race, begin at birth, and end at death. When death actuallyoccurs, there is not any practical significance for the deceased. Thus what civil law canactually do is to provide adequate relief for those who have close relationship with the dead,so that they can recover from misfortune as soon as possible. This is the purpose my studyaimed at. No damage exists, no need for relief. The primary problem death compensationshould address is that when the right of life is infringed, what categories of damage arecompensable? In accordance with the contents of property damage in death compensation,there are two different viewpoints among scholars: the loss of raise and the loss of inheritance.And the two viewpoints are mutually exclusive. This viewpoint which seems reasonable andis supported by the legislation of many countries actually has big problems. There are noinsurmountable obstacles to adopt both the loss of raise and loss of inheritance. In China, theinheritance interests have been taken serious, so adopting both the loss of raise and loss ofinheritance is more appropriate. In non-property damages, the traditional view is that deathcannot be compensated. Life is the basis of personality. When life cannot be maintained,everything is over. However, the meanings of lives are much more than for themselves. Forrelatives, family member’s life is of equal importance, bearing blood, family relations andlove. Although selling lives is a shameful act, when death actually occurs, the relief of deathwill be a sacred duty. The action that excludes death from damages is fully inconsistent withthe legal policy that life should be under best protection. The acknowledgment that deathitself is damage is to in line with the fact and the correct choice of ethics.The determination of the damage does not mean that the problem is solved. The purposeto find the damage is to remedy the damage. The amount of compensation for propertydamages is inevitable unequal to what the close relatives ask for. By contrast, for the samenature between death and property damage, the final amount of both damages should remainrelatively consistent. Life cannot be recovered. However, as long as the families of thedeceased can feel that their rights are respected and feel justice, we can say that such legalremedies are successful. Homomorphism Revenge and "Compensation for Life” havegradually been abandoned by law, but this concept of equality is still rooted in people’s mind.Thus, we must make the final amount of compensation for death be relatively equal in order that family members of the dead would keep balanced in heart. Therefore, how to put equalemphasis on the two purpose of damage remedy and interest confirmation, and how tomaintain balance between objective differences of property damages and natural equality oflives is the biggest challenge we are confronted with. I think that one of the best solutions isto make compensation for death itself have the function of adjustment and supplement. Thecalculation of death compensation should be based on property damages, and adjusted bysupplementary compensation for death itself. With this design, huge gap between can beavoided for the final amount, and at the same time achieve the purpose of making up thedamages and recognition of the rights.