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The Investigation of Death Compensation System of Our Country

Author: DingDongQing
Tutor: ZhangAiJun
School: Chongqing University
Course: Legal
Keywords: The right to life Death Compensation System Punitive damages
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 120
Quote: 1
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Abstract


The right to life as the most basic of rights, is the basis for the enjoyment of all other rights to engage in other activities, and therefore the best interests of legal protection. Based on the the victim death compensation for infringement of the legal facts of death is also stipulated by the relevant laws and normative documents. Death compensation in the case of victims of the death of a tortious reduction of future expected income for its near relatives of victims of inherited by the offender to the victim near relatives to pay a certain amount of money. Of scattered about the the death compensation system provisions found in the laws, regulations and judicial interpretations but appellation inconsistent, calculation standards are not uniform, even conflicting serious damage to the legal system of internal coordination, the application of the system of judicial practice causing distress. Identified the nature of compensation for death has been the focus of academic controversy, parse the the death compensation system legal basis based on defining the nature of the compensation for death, pointed out the inadequacies of the system of compensation for death, and finally for the perfect the system to make a few suggestions. In this paper, a total of four parts, each part now briefly described as follows: The first part, summarized the historical evolution of the concept of compensation for death, characteristics and death compensation system, respectively, about the evolution of the domestic and foreign system. The death compensation system stems from the ancient homomorphism Revenge is a monetary compensation in lieu of the right to life, revenge relief. The second part, to explore the legal basis of the system of compensation for death and finds its properties. Mainly from the point of view of the right to life and the tort liability perspective analysis of the legal basis of the system of compensation for death, and the academic community on the nature of compensation for death, mental damages that \says, in order to accurately define the nature of compensation for death. The third part tells of the death of the lack of legislation on the compensation system and the resulting problems. That death compensation appellation inconsistent ills computing standards are not unified, in-depth analysis of the broad public controversy \at specified unreasonable. The fourth part, improve Suggestions of death compensation system in China. In reference foreign death damages on the basis of the problems for our death compensation system, put forward corresponding suggestions for improvement, particularly noted bruises as good as killed \the behavior recommendations draw on punitive damages in product liability law, such acts in addition to close relatives, death compensation paid to the victim, the driver of the vehicle should also be required to pay punitive damages.

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