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Establishing the Criterions of Death Compensation by Regulation: The Relative Theory of American and Reference from It

Author: WangZheng
Tutor: LiuLianTai
School: Xiamen University
Course: Constitutional and Administrative Law
Keywords: Regulation Tort Law Death Compensation
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 168
Quote: 0
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Abstract


It is generally acknowledged that death compensation is in the adjustment range of tort law rather than public law. However the compensation theory of tort law fails to solve some problems in death compensation, such as the nonidentity of victim and death damages receiver. The mechanism after the event of tort law has determined that death compensation can only be ascertained after damage’s appearance. As the modern science and technology develop, people are suffering fatal dangers at the time of enjoying conveniences brought by science and technology. These dangers come from traffic accidents, air crashes, pollution of liquid waste and exhaust gas, nuclear leaks and so on. Plenty of damage will be made once these dangers happened, and the victims and their family members will suffer irretrievable losses. While the mechanism after the event of tort law can not be able to avert these losses.With purpose of reducing probabilities of fatal dangers, American government makes its regulation extended to the death compensation. On the base of cost-benefit method, we can investigate the people’s evaluations of fatal dangers by economic statistical methods such as WTP, VSLY and so on. And then damages can be determined before the appearance of damage. By establishing the criterions of death compensation, government’s regulation can influence people to be more cautious in their daily life in order to avoid fatal dangers.Although in many areas in China, local governments have been aware to avoid fatal dangers before damage appeared, the complete mechanism before the event has not been established. The problems in laws concerning death compensation in China have also been one of the factors due to which the victims can not be compensated completely. By the regulation system and tort law, American government is able to deal the death compensation well. The regulation system and tort law work together to reduce the possibility of fatal dangers before the events and make the victims well compensated after the events. China can use this method as a source of reference.

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