Study on the Death Compensation System in China
|Keywords||death compensation system equal life and equal value the raised person’s life costs mental harm compensation|
Death compensation system is an important system of our national "Infringement Responsibility Law". It plays an important role in damaging body’s compensation system. Our national death compensation system has experienced great changes in legislative course and change. Since "Infringement Responsibility Law" took effect, it has still not completely solved various problems on death compensation system, such as in "Infringement Responsibility Law", the 17th item on the regulations of equal life and equal value’s problem, the 22th item on the regulations of mental harm compensation system and the 16th item on the regulations of canceling the life costs of raised person and so on, which caused the arguement between judicial world and theory world. Sdudying and solving the problems are related to achieving the aim of judicial department carrying out law correctly as well as protecting the involved people. Through the changing course of death compensation, the essay analyze the present state and main points of arguement on our national death compensation system. By applying death compensation in judicial practice to body’s harm compensation system, the essay develops some problems on equal life and equal value, the raised person’s life costs and mental compensation, find out existing problems, and finally put forward the complete proposal on death compensation system. The essay covers removing the disorder on legislative structure and clearing the nature of death compensative system, main part, compensative range, and compensative standard. It also covers some countermeasures on equal life and equal value, the raised person’s life costs and mental harm compensation.