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A Research of the Compensation for Death

Author: WangJinGui
Tutor: LiuXinXi
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Damages The right to life The nature of compensation for death Death compensation claims
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 252
Quote: 1
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The right to life is paramount life have been infringed should get relief . Infringement compensation for death is unique and has been infringed due to the loss of life led to the civil subject, loss of rights no longer exists . Therefore, the relief of the civil law on compensation for death only through the relief of victims of close relatives . At present, China's current laws, administrative regulations and judicial interpretation of the provisions on compensation for death relative chaos , conflict with each other , the compensation standards are not uniform nor reasonable qualitative academic nature of compensation for death is also known as the controversial , can not meet the judicial practice needs. Existing legislation by examining the compensation for death in China , analyze the condition and problems of compensation for death in China 's legal system . And then in the comparative analysis of the different theories of the death compensation nature , to define the nature of compensation for death . Discussed the legal basis of compensation for death , further proof of death of calculating the compensation standard . The first part is an overview of the current situation and existing problems of the of death compensation system in China . In this section the author legislation survey of compensation for death in China after the reform and opening up briefly , and then analyzes the problem the death compensation system in China in the legislation and judicial practice . The second part of defining the nature of compensation for death . Through a critical analysis of the different theories of the nature of compensation for death , death compensation , property damages , compensation for the expected loss of income suffered by the victim close relatives due to the death of the victim . Analysis third part of the legal basis of compensation for death , death compensation claims doctrine Comment think that死者近亲属direct victims of the close relatives of the deceased death compensation claims on the basis of compensation for death request the scope of the subject to be identified . Fourth part through the standard doctrine of the death compensation , and then analyze the existing problems of China's current death of calculating the compensation standards , and finally a reasonable choice limited the difference between death compensation mode as the standard calculation of the compensation for death .

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