Dissertation > Excellent graduate degree dissertation topics show

Legal Issues of compensation for death

Author: LinLanZhen
Tutor: LvShuQin
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Death compensation Nature Claims based Calculation method
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 109
Quote: 2
Read: Download Dissertation

Abstract


The right to life is the most fundamental and most important rights, should get the most stringent protection of the law, but our existing laws, regulations and judicial interpretations protection of the right to life there are certain omissions, mainly reflected in the relevant provisions of compensation for death , causing the practice, many problems can not be solved. As China's tort compensation for death domain-specific concepts, which frequently appeared in China in recent 20 years of civil legislation in each assume different functions. Compensation for death in the end is what kind against any person for damages, claims based on what, specifically, how calculated, practitioners and theorists today. The first part relates to compensation for death by existing legislation related to the nature and death compensation theory presentation, analysis, that the inheritance of loss compensation for death, said mining is more appropriate. First, compensation for death is not compensation for the value of life of the victim, nor is compensation for the victim himself; secondly, compensation for death is not the spirit of solatium, nor punitive damages. Compensation for death is actually a close relative of the victim because of the victim's death expected revenue suffered damages. The second part of the article in the clear nature of compensation for death under the premise of death compensation claims from the fundamental theoretical problems starting, analysis based on death compensation claims related to doctrine, basically agree inherent in the dual direct damage, said the victim said , and its certain amendments. In addition, this section also death compensation claimant range determination and request to be clarified to determine overall. The third part is mainly on compensation for death liquidated manner elaborated on the difference between the compensation and fixed based compensation compensation patterns and specific compensation standards for analysis of the premise, combined with our death compensation calculated current law, introduced in Japan individualized compensation advanced experience, the purpose of a reference for our country. While the specific article on death liquidated damages in the amount of compensation for death affect the analysis of many factors that household, region, nationality, industry and other factors that can affect to some extent the rational calculation of compensation for death difference. Article last part is through analysis of the existing system of compensation for death problems that the current legal regime death compensation system is still more confusion; single laws, regulations and judicial interpretations contradictions between conflicting phenomena still more obvious ; people on death compensation claims and the legal basis of the nature of surviving in a different understanding. Discussed in the consolidated text, based on the theoretical, legislative and judicial three levels to make their own little shallow Legislation.

Related Dissertations

  1. Study on Nitrogen Removal by Soil Aquifer Treatment Process That Enhanced Nature Reoxygenation and Effective Volume,X703
  2. Nature Reserves in China Ecological Compensation System,X36
  3. Research on Readjustment Evaluation and Proof Method of Tianjin Ancient Coast and Wetland National Nature Reserve,S759.9
  4. Song Yi Yin Yang Nature Horizon universe Gua Meanings,B221
  5. Pre Human Nature Revisited,B222
  6. Traffic sense of self and nature of the tasks on academic procrastination and self- handicapping Relations,B844.2
  7. William Rice ecological critical theory interpreted,X2
  8. Orlicz-Lorentz spaces λ φ- variation on the nature and the nature of the moduli space,O177
  9. The Legal Theory Analysis About the Being Punished Behavior of Seeing the Danger But Not to Rescue,D924.3
  10. Mencius Human Nature of Modern Ideal Personality,B222
  11. Anti-tumor Effects of Lupeol at Different Regimens and Its Role in Immune Systems,R730.5
  12. On the return of the legal issues bride,D923.9
  13. Research on Factual Errors in Criminal Law,D914
  14. Interracial Love and the White Woman’s Construction of Identity,I478.074
  15. University Orientation and Objectives of Language Courses Study,H193
  16. Russian synonym nature , function and distribution,H35
  17. Analysis of Chinese Subject Nature Under the Guidance of Spiral Theory,G633.3
  18. Prosy Teaching Research Based on Nature in Senior High School Chinese of Jiangsu Educatioanal Version,G633.3
  19. Inheritance and breakthrough movie narrative literary narrative,J905
  20. On Li Zehou’s Historical Ontology,B83
  21. Our Country’s Jobbery Crime Initial Investigation System in the Human Rights Protection,D925.2

CLC: > Political, legal > Legal > Chinese law > China and France
© 2012 www.DissertationTopic.Net  Mobile