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《Journal of Shaanxi Youth Vocational College》 2017-02
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Analysis on the Essence of Compensation for Death in China

DUAN YU-cheng;Law School,East China University of Political Science and Law;  
The character of compensation for death has a different recognition and consider-able debate in the circle of China's circles of theory and practice,the solution to such cases in courts is subjective to equality on the significance of constitutions. Starting with simple statement of theoretical judgment and revealing law paradoxes,the essay referring to the relative content of foreign tort law and firstly demonstrated that the compensating figure should be the dead person himself but should be people related with him. Following it the essay revealed on the version from the legislation that the compensation for death are not suitable for the value of life or spiritual damage. But the spiritual compensation literally presents with deficiency under the death caused by tort. Comparing acquisition and loss under the viewpoints of lost profit by drawing the conclusion that the compensation for death should be the compensation for heir's inheritable property's loss.
【Key Words】: Compensation for Death Right for Life Spiritual Loss Personal Injury Heritage
【CateGory Index】: D923
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