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Research on the Improvement of Legal System of Death Compensation

Author: LiMuZi
Tutor: PengChengXin
School: Jilin University
Course: Civil and Commercial Law
Keywords: Death compensation Damages Improve the system
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 148
Quote: 1
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Abstract


The legal system of compensation for death when a living body suffered due to the illegal infringement of death, the legal requirements death infringe rights holders death compensation in the form of money a relief system. This system is the state respects and protects the right to life, and then to give legal expression of relief. Legal Analysis of compensation for death, combined with the current legislative situation, analyze the problems of the system itself and made a preliminary idea conceived to improve the legal system for the theoretical study of the system of compensation for death and the building has a certain significance. Firstly, from the study of death compensation for the legal system to start in a foreign country, and History, to show us the foreign death compensation the historical evolution of the legal system and the process of the development of the legal system of compensation for death, so that the legal system of our death compensation overall grasp of the historical development. Revealed to us at the same time, compensation for death as a legal system, in different historical periods, different country geographical different cultural backgrounds, are constantly absorbs, integration, continuous development and improvement, thus showing different but similar characteristics. Dissect the core concept of the death compensation jurisprudence, and then analyzes the reasons for the formation of the death compensation, defined the nature of compensation for death, so that we recognize a clearer idea of ??the legal system of compensation for death play the following effect: give financial compensation to the families of the victims, to punish the infringement offender, to soothe the families of the victims, for violations be prevented. The congress report pointed out that the country according to the basic strategy of governing the country to get a solid implement, but at the same time the construction of democracy and legal system and the requirements of economic and social development does not fully match the construction of China's legal system is not perfect, is not perfect. Compensation for the death of our system after 25 years of development, has established the basic architecture system, but the system still exist in varying degrees of impairment through I come to the analysis of the status quo of China's legislative, our death compensation legal system disorder of legislation, the scope of compensation messy, compensation Standard complicated, the amount of compensation is too low four major problems. In this paper, the analysis of large amounts of data and research, preliminary insights that To solve the above problems, should improve the legal system of compensation for death, building suitable for China's legal environment. On the one hand, should establish the basic principles of the legal system of compensation for death, which should include the principle of fairness, equality, and reasonable double compensation, adequate compensation, the balance of interests, and easy to operate. On the other hand, should be directed to the four specific issues in the status quo of China's legislative respectively take the following measures: standardized and unified legislative system specification through the establishment of the independent legal system of compensation for the death and the death compensation appellation; clear death compensation compensation; first hierarchical level and then superimposed to determine the compensation for death compensation standard; consider the internationally accepted calculation method, as well as changes in the composition of China's National Age appropriate increase in the amount of compensation. Through the above measures, can be further improved to make compensation for the death of our legal system.

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