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Indirect infringement of the right to life of the victim for damages

Author: SunXuHui
Tutor: LiuChang
School: China University of Political Science
Course: Legal
Keywords: Indirect victims of Property damages Compensation for moral damage The scope and limitations
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 167
Quote: 2
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Abstract


In the field of tort law, the right to life is violated, the rights of people as opposed to the infringer has a claim for damages and the infringer compensation for rights holders, which is the general practice of the national legislation. Direct victims have been violated because of the right to life has died, its legal capacity is thus eliminated, has been unable to claim for damages as the rights holders to exercise, when the right person is an indirect victim suffered damage directly to the victim's death, which is the General Orders of national legislation. However, the indirect victims of the scope of the problem that you can claim the rights, national civil law has different requirements. Countries in the theoretical basis against the right to life, damages, damages in the scope of the calculation of the amount of compensation have different theories and legal requirements. Our interpretation on trial personal injury compensation cases to applicable law, a number of issues before the introduction of too principle of the relevant provisions of the General Principles of Civil Law, the provisions of the legislative, judicial and administrative organs of the range, the standard death benefit is no uniform scale, forming a confused , there is no convincing death compensation system, the question of damages provisions of the indirect victims of the infringement of the right to life is not perfect. On hearing personal injury compensation cases to applicable law, a number of issues of interpretation \the provisions of the compensation limit is still not perfect. In view of this, try the indirect victims of damages for infringement of the right to life issues related to the more in-depth discussions to the benefit of the current legislative and judicial. Full text of the introduction and conclusion, is divided into three parts. The first part of the theoretical basis of indirect victims of damage claims. Doctrine and the causal relationship is the focus of this section. First, the indirect victims of damage compensation claim doctrine is reviewed, in particular, the current mainstream dependent loss and inherited loss analysis. Then, the author of a causal relationship between the indirect victims of the victims and the infringement infringement. That indirect causal relationship between the tort of indirect victims for damage to the infringer. The second part of the indirect victims of the damage suffered as a direct victim died and compensation. This part is the focus of the article discussed the indirect victims of property damages and compensation for moral damage. Indirect compensation of victims of property damage, should include four aspects: First, the indirect victims of death itself due to the direct victims suffered property damage, such as funeral expenses; indirect victims due to the direct victims of the death of suffered the loss of alimony; three negative loss of indirect victims of the direct death of the victim suffered, such as family income is expected to reduce the performance of compensation for death; four indirect victims of the tort cause of death labor losses. In this section, the authors also that can be advocated the alimony damage compensation claims, the scope of the indirect victims of the advocate alimony claim should not be limited to the statutory dependents, with the fact that dependency relations people. The fetus should also be advocated alimony indirect victims compensation claims. Indirect victims of compensation for moral damage, the study is to bring the spirit of the claim for damages indirect victims of the scope. This paper argues that the third shock damage \In addition, the article of death compensation and dependency of people living on a comparative analysis. The third part of the damages limit. Mainly includes two aspects, first, the application of the contributory negligence rule, one application of the profit and loss offset rules. Due to the particularity of the indirect victims of damages, contributory negligence rules applicable into the defense of the direct victims and indirect victims of the defense.

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