News

Written by Wu Rui, Translated by Regina Rao, April 18^th, 2014
 

On the evening of April 18^th, 2014, Professor Ye Jinqiang from Law School of Nanjing University delivered a lecture of which topic is“Discussing Damage Compensation Liability for Infringing Life”to SHUFE Law students in lecture theater on the 1^st floor of Guoding Campus Administrative Building. The lecture was hosted by Professor Zhu Xiaozhe and Dr. ZhuangJiayuan from Law School of Shanghai Jiaotong University was invited as reviewer to the lecture.

This lecture was discussing around the following several questions: firstly, on the factual level, which damages would be led by life-infringement; secondly, which existing laws support on the interpretation of damages; which law constitutes claim for damage compensation; then, whether the legal issues of “same fate at the same price” has been resolved after the hot news cooling down. Professor Ye’s opinion was that damage compensation liability is composited by the infringement responsibility of victim’s right to life and infringement responsibility of the close relatives’ right to identity. Life infringement goes at the time of death will irreversibly to happen. The victim who still has the main qualification at this time obtains the solatium right oflife infringement and the death compensation claims of the request. The requests and claimsare actually inherited by the victim heirs at the time of death.Infringement of the right to identity goes at the time of death. The close relatives of victim obtain the right to claim compensation and subsequent material damages compensation claims. Dependents benefits for dependents and heirs benefits for heirs are realized through inheritance rules, rather than adopt the inherent benefits infringement constitution mode.In the practice of our country’s compensation for life infringement,spiritual interests are excessive underestimated, leading to the final amount of compensation depends mainly on the amount of the material damage. This caused the criticism of "Life with price". In the explanation theory, according to the provisions 22 Article 16 of the "Tort Liability Act", at the same time adhere to the material damages differentiated treatment, mental damage assessment is in equal. According to the provision 22, mental damage compensation claims can be widely applied to various case of "personal interest infringement" without effect the underlying case attribution, but has minor damage exclusion rules.In the occasion that bodily injury results in death or serious harm to the victim, thus the victim's close relatives may request material compensation for moral damage. Determining the amount of moral damage compensation, comprehensive consideration is related to all factors including the damage fact, responsibility fact, money evaluation, with reference to the trial of similar cases in the past. Such interpretation can be recognized solatiumto life infringement claims of victims, and greatly improve the amount of solatium of victims and their close relatives, highlighting the spiritual values ​​of life, diluting the material damages in proportion to compensationto death,achievingthe value appealing the equality of personality.
 

At the end of the lecture, Associate Professor XuHui, Dr. ZhuangJiayuan and Dr. Li Yu gave their specialized comments on the content of the lecture. After the Q&A session, the lecture ended successfully in the applause of faculties and students of SHUFE Law School.
 

http://law.shufe.edu.cn/structure/xyxwxx_150863_1.htm