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《侵权责任法》通过之后,对死亡赔偿金的法律适用予以规制,是目前极为紧迫的任务之一。比较国内外有关死亡赔偿的法律制度,对我国现实国情的考察,可看出死亡赔偿金本质上是对死者近亲属因受害人死亡而遭受的预期可继承的受害人收人或死者劳动能力丧失等财产性损害进行赔偿,以及对因失去亲人所导致的精神性损害进行赔偿的责任形式之一。在具体的司法实践中应当逐渐消除“城乡二元”阻隔,以受害人的适当生活需要为准是目前较为合理的解决方式,以后逐步根据个体的实际情况和请求进行衡量。
After the Tort Liability Act passed, it is one of the most urgent tasks to regulate the legal application of death compensation. Comparing the domestic and international legal system of death compensation, we can see that the death compensation is essentially the loss of expected inheritable victim’s income or the incapacity of the deceased’s relatives suffered from the victim’s immediate family death Such as compensation for property damage, as well as compensation for spiritual loss caused by the loss of loved ones one of the forms of responsibility. In specific judicial practice, we should gradually eliminate the barrier of “duality between urban and rural areas”, which is a more reasonable solution now based on the needs of the victims for their proper living. We will gradually measure them according to the actual conditions and demands of individuals.