论死亡赔偿金的法律规制-法律专业论文.docxVIP

IV IV Changhua professor, represented the future availability lost said, and Professor Yang Lixin, represented compensation for the remaining life, these views push the research of the nature of the compensation for death into another level. In fact, in addition to moral damages so latium said attributed the nature of the compensation for death to compensation for mental damages, other theories will be essentially summarized as a kind of death compensation for material damage. It can be said that holders of non-heritage point of view can be summarized in the loss for the maintenance and the loss of inheritance said , the differences between the two ,in addition to moral damage compensation said classify the natureas compensation for moral damage, the other theoris only have slightly differences about the subject of compensation, the scope of the coverage area. In our law, legal regulations of Compensation for the death was before1999,it mainly regard death compensation as Mental Damage compensation to the dead’sClose relatives, but since 2000, number of legal regulations and judicatory explanations define death compensation as material damage compensation, this definition is based on the theory that compensation for death is related to material interests lost,for the dead’s Close relatives compensation is a heritage interes compensation. In other words, the current system of compensation for the death of our country is mainly based on material damage compensation said. Of course,for the nature of compensation for death,there is a big controversy between the judiciary and academia, , so far,there is no conclusion. After the founding of New China, Chinas legal career developedd rapidly, but compared to the rapid development of social and economic life, people’s legal awareness, legislation level are obviously backward. Because of Legal consciousness, legislation levels and re other levant factors, our law provisions about compensation for death are more chaotic, Incon