Research On The Related Legal Problems Of Death Compensation

The incidents that infringe upon the right to life continue to occur.The victim’s death has caused blow to the relevant rights holders mentally and physically.The relief of the right of life appears as a death compensation in the field of civil law,and the death compensation is the most important part in it,relating to whether the victims and their families are properly compensated.At the same time,it also reflects the level of civilization of a country and the protection of human rights.It has always attracted people’s attention.The relevant laws and judicial interpretations in our country keep improving,but lack of unity of legislation.The provisions of the system have been continuously improved,but there is a lack of uniformity in the legislation.The judicial staff lacks a clear direction in the trial of the case,and the rights of related rights holders have not been fully guaranteed and urgently need to be further improved,especially the civil torts involving death compensation issues.It is even more challenging for judicial practice.In the course of the death compensation case handling by current court’s,there is no clear legal basis for the judge,so that a greater degree of freedom in understanding exits.Different results could appear in the same case.What is the nature of death compensation in civil torts and who is the subject of claims? What is the standard for the calculation of death compensation? There is no clear provision in China’s current death compensation system,and it is also a focal point of scholars’ controversy.It has still not reached a consensus so far.At the same time,the deeper issues of fairness and justice have also been questioned.This paper first introduces the legal disputes through three typical cases,the nature of the death compensation,the claim of the subject,and the principle of the distribution;secondly,it discusses the attributes of death compensation and sorts out The historical evolution of the death compensation system in China,based on the analysis of relevant theories,obtained the economic compensation property of deathcompensation;on the basis of clarifying the nature of death compensation,the subject claims was delineated.It is believed that the subject claims should be subject to necessary restrictions and appropriate expansion;finally,the distribution of death compensation should be based on the principle of "public order and good customs".Through the study of this article,the theoretical foundation of the death compensation system is enriched,and the further improvement of the relevant laws and regulations on death compensation is promoted.At the same time,it also provides a feasible reference plan for its judicial practice.But the theoretical system of the death compensation system is extensive and profound.in addition to my incompetent theoretical knowledge,there are still many deficiencies in analyzing problems and making proposals.I hope the system will provide benefits and myself will continue to work hard in this direction.