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On the judicial application of compensation for death

Author: GaoLiGuang
Tutor: HuangHeXin
School: Nanjing Normal University
Course: Legal
Keywords: death compensation demond for living people fair value social security
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 45
Quote: 0
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Abstract


In recent years, several judgments related to compensation for death caused widespread public discussion and questions. Public’s widespread discussion and the question exposed our existing death compensation system and the main problems in their judicial application, The media comment on the so- called "same life different price" has become the focus of public concern and questioning. In view of the existing normative legal documents to the death compensation of confusion and problems in the administration of justice, compared with other countries, so determining compensation for death in the standard of proof should consider this three factors:the regional differences, individual differences, social assistance and insurance, on the basis of what I have discussedⅠproposed death compensation should be based on actual consumption levels of various regions, taking into account the specific needs of victims of the circumstances to be determined in tort can not bear all the liability or insurance from social assistance to supplement compensation.

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CLC: > Political, legal > Legal > Chinese law > China and France
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