Study On The Distribution Principles Of The Death Compensation

The right to life is a fundamental right guaranteed by the Constitution,which is the basis for the exercise of other rights.And only if the life survives,the society can develop normally.Therefore,the determination of compensation for infringement of the right to life must be very careful.At present,the existing laws of our country provide more explicit compensation for damages for infringement of the right to life and more systematic provisions on the relevant system of compensation for death.However,there are few studies on the principle of distribution of compensation for death,and no direction is given to the judicial staff.In practice,the result of the court's judgment on the distribution of compensation for death is not uniform,which makes the close relatives of the deceased constantly appeal because of the unfair distribution,which not only increases the judicial burden and wastes the division.legal resources,which affects the judicial credibility,and is not conducive to safeguarding the legitimate rights and interests of each distribution subject,causing new social contradictions,and is not conducive to safeguarding the fairness and stability of the society.Therefore,this paper mainly studies the distribution principle,and expects to explore a more scientific and reasonable distribution principle system based on the research of other scholars.Scientific and reasonable distribution principle system can protect the legitimate rights and interests of each distribution subject on the one hand,on the other hand,it plays an important role in saving judicial resources and building a harmonious society.Therefore,it is of great theoretical and practical significance to establish a clear,unified,fair and efficient distribution principle system.This paper mainly adopts literature research method,inductive analysis method and empirical analysis method.First of all,the nature of death compensation is analyzed,the definition of nature determines the solution of the problem of distribution principle,so it must be clear and defined,through the analysis of the nature of death compensation theory combined with the views of relevant scholars,the nature of death compensation is clear,and the distribution principle of death compensation is briefly summarized to pave the way for further analysis below;then,through the analysis of the distribution principle of legislation and judicial application of the current situation,summed up the distribution principle of problems;finally,through the study of this paper,for death compensation.At the same time,the author gives his own opinions on the special difficult situations which may arise in judicial practice,hoping to provide some reference for judges to judge cases.