On Punitive Damages Against The Right To Life

Being a basic human right,the life right is the foundation and precondition of other rights.At present,Our country's system of damages to the right to life is based on"the inherits loses said",It focus on relieving the interests of the near relative of the decedent while ignoring the relief of "life ontology".It just manifests the economic value of life,and did not manifests equality of the natural value of life.The system of damages to the right to life which use the household registration system as a standard raise the great compensation difference between urban and rural and the debate of"similar life with different price".With the gradual carrying out reforms of the household registration and development of society economy,the system of damages to the right to life has largely lost touch with the social reality and can not meet the requirement of citizens' pursuit of justice,it's necessary and inevitable to have some reform and improvement.Every one of us has but one life.In the now people-oriented society should give the highest honours to life.Law is essential to the operations of society,therefore,by what kind of system design to maintain the right to life,safeguard the social order and reassure the victim's near relatives,carry out fairness and justice has important significance which also capture the public's attention.In this thesis,the research was carried out by methods of literature study,value analysis,comparative study and empirical analysis,etc.The paper start from doctrines about the system of damages to the right to life,with analysis of these doctrines,the author point out that each of these theoretical short comings to prepare for academic basis;Secondely through clarifying the practices of the system of damages to the right to life,the paper summarizes that it overlaps and lack system in legislation meanwhile it's widely divergent in the judicial practic,then pointing out that the system of damages to the right to life which is based on "the inherits loses said" did not provide the full relief to damages to the right to life,it only focus on relieving the interests of the near relative of the decedent while ignoring the dead themselves,the death indemnity is not equal to "life ontology" while approximately equal to man power value of life,the conclusion of it is that the right to life is not in the true sense of relief;Thirdly,the paper analyzes rationality and necessity of the relief of "life ontology" basing on the equality thought of the natural value of life,thus is clear about the relief of "life ontology" can reflect the essence of the right to life and make the right to life get tangible benefits.Then for the plight of that it's impossible to achieve the equivalent compensation for priceless lives by the doctrine of indemnity in Civil Law,offering the measure of punitive damages;Fourthly,the paper discusses the effect of punitive damages in the damages to the right to life and demonstrate the feasibility of relieving "life ontology" through punitive damages;Finally,it puts forward specific system design of punitive damages of the life rights violation in China.Bring punitive damages for "life ontology" into our country's the system of damages to the right to life to build the specific systems for the punitive damages of life rights violation.Thus balancing the huge gap of the death compensation between urban and rural that is based on the differences of manpower value of life.It reflects universal value of that life is equal meanwhile helps to highlight principle of the life supremacy,achieve fairness and justice of law and creates a harmonious social atmosphere for the development of economy and science.