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On the Compensation for Death Caused by Torts

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Legislation of Tort Liability Law in China

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Abstract

In recent years, the compensation for death caused by tort has aroused interest in the legal profession and even in the public. It is also known as the compensation to the deceased for the damaging consequence led by tort or quasi-tort of the infringer which results in the death (hereinafter referred to as “death caused by tort”) through compensation based on tort liability.

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Notes

  1. 1.

    In addition to the Detailed Provisions of the Supreme People’s Court on Dealing with the Cases concerning Compensation for Foreign-related Marine Personal Injury (for Trial Implementation), the Provisions on the Limited Compensation Liabilities of Carriers in Civil Aviation Transport, and the Regulation on the Emergency Rescue, Investigation and Handling of Railway Traffic Accidents, these three regulations are related to high-risk operation and stipulate the supreme limitation of compensation with legal basis.

  2. 2.

    Zhang (2007).

  3. 3.

    Article 17, 18 and 29 of the Interpretation of the Supreme People’s Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury.

  4. 4.

    See the Interpretation of the Supreme People’s Court on the Issues in the Trial of Indemnity Cases of Personal Injury Caused by Electricity Shock and the Interpretation of the Supreme People’s Court on the Issues of Defining the Compensation Liability of Mental Damage in Tort Cases.

  5. 5.

    In the Several Issues concerning the Implementation of the General Principles of the Civil Law of the People’s Republic of China (For Trial Implementation), its amount will be determined according to the actual amount; in the Measures of the Handling of Road Transport Accidents, the amount shall be calculated according to the Difficult Subsidy Standards of the place where the accident happens; in the Interpretation of the Supreme People’s Court on the Issues in the Trial of Indemnity Cases of Personal Injury Caused by Electricity Shock, the amount shall be calculated according to the average annual living expenses of the related place.

  6. 6.

    The Measures of the Handling of Road Transport Accidents stipulates that the death allowance should be calculated according to the average annual living expenses of the place where the accident happens; the Interpretation of the Supreme People’s Court on the Issues in the Trial of Indemnity Cases of Personal Injury Caused by Electricity Shock stipulates that death allowance should be calculated according to the average annual living expenses of the related place; and the Interpretation of the Supreme People’s Court on the Issues of the Laws Adapted to Trial of Personal Persecution Cases stipulates that death Compensation shall be calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents of the previous year in the place where the case is under trial.

  7. 7.

    Article 108 of the Dutch Civil Law and Article 1088 of the Civil Code of the Russian Federation.

  8. 8.

    Huang (2003).

  9. 9.

    The Code of Hammurabi (The Law Press, 2000).

  10. 10.

    Ma (2004).

  11. 11.

    Huang (2004).

  12. 12.

    Article 108 of the Dutch Civil Law, Article 1088 of the Civil Code of the Russian Federation, Article 45 of the Swiss Law of Obligations and Article 5 of the European Tort Law Draft.

  13. 13.

    Christian Von Bar (2001).

  14. 14.

    Article 6 of International Covenant on Civil and Political Rights stipulates that “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”

  15. 15.

    Ma (2004).

  16. 16.

    Zhai (2003).

  17. 17.

    Feng (2004).

  18. 18.

    See Article 12 of the Notice of the Supreme People’s Court on Issuing the Opinions on Several Issues concerning the Implementation of the General Principles of the Civil Law of the People’s Republic of China (For Trial Implementation), Answer 5 of the Answers of the Supreme People’s Court on Several Issues about the Trial of Cases Concerning the Right of Reputation of 1993, and Article 7 of the Interpretation of the Supreme People’s Court on Problems regarding the Ascertainment of Compensation Liability for Emotional Damages in Civil Torts.

  19. 19.

    Zhang (2005).

  20. 20.

    Christian Von Bar (2001, 76).

  21. 21.

    Feng (2004).

  22. 22.

    Yu (2006).

  23. 23.

    Wang (1998a).

  24. 24.

    Wang (1998b).

  25. 25.

    Yu (2006, 410).

  26. 26.

    Yang (2007).

  27. 27.

    Huang (2003).

  28. 28.

    Huang (2004, 319–325 and 366–367).

References

  • Christian Von Bar (2001) The common European law of torts, vol II (trans: Jiao MH). The Law Press, p 70

    Google Scholar 

  • Feng K (2004) Review on the theories of right to claim the compensation for life. 2 Political Science and Law

    Google Scholar 

  • Huang SY (2003) The speech at the meeting of publishing the interpretation of the supreme people’s court of some issues concerning the application of law for the trial of cases on compensation for personal injury. People’s Court Daily, 30 Dec 2003

    Google Scholar 

  • Huang SY (2004) The understanding and application of the interpretation of the supreme people’s court on compensation for personal injury. The People’s Court Press, p 365

    Google Scholar 

  • Ma CH (2004) On the status of law of torts. China University of Political Science and Law Press, p 71

    Google Scholar 

  • Wang ZJ (1998a) Paying medical fee for victim, negotiorum gestio and subrogation. In: Wang ZJ (ed) Civil law theories and case study, vol IV. China University of Political Science and Law Press, p 188

    Google Scholar 

  • Wang ZJ (1998b) Obligor of legal custody pays medical fee for victim. In: Wang ZJ (ed) Civil law theories and case study, vol IV. China University of Political Science and Law Press, p 205

    Google Scholar 

  • Yang LX (2007) Legislative reasons and cases of proposal of tort liability law of people’s Republic of China. The Law Press, p 329

    Google Scholar 

  • Yu M (2006) Tort law of Japan, 2nd edn. The Law Press, p 394

    Google Scholar 

  • Zhai B (2003) Review on the contents and status of the right to life. 3 Law Science

    Google Scholar 

  • Zhang XB (2005) General principles of tort liability law. China Renmin University Press, p 485

    Google Scholar 

  • Zhang XB (2007) On the component of tort liability. The Law Press, p 162

    Google Scholar 

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Authors and Affiliations

  1. Renmin University of China Law School, China Legal Science Journals Press, Beijing, China

    Xinbao Zhang

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  1. Xinbao Zhang
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Zhang, X. (2018). On the Compensation for Death Caused by Torts. In: Legislation of Tort Liability Law in China. Springer, Singapore. https://doi.org/10.1007/978-981-10-6961-1_16

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  • DOI: https://doi.org/10.1007/978-981-10-6961-1_16

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