Article 98 of the General Principles of Civil Law stipulates: "Citizens have the right to life and health." The right to life is the primary content of citizens' right to life and health, and it is the most basic and important legal right of citizens. It takes the interests of citizens' life safety as its content. Citizens' right to life begins at birth; Don't rest until you die.
The unborn fetus objectively has the form of life, but because it is not separated from the mother, it cannot enjoy the right to life independently. However, because the fetus is a special early life form, the national law has specially protected the interests of the fetus, which is called the rights and interests of early life.
Violation of the right to life, resulting in the death of the victim. According to the general theory of civil law, the victim who violates the right to life has the right to claim damages, which can be inherited by his successor after the death of the victim. According to the provisions of Article 1 19 of the General Principles of Civil Law, if a citizen's body is infringed and death is caused, he shall compensate the medical expenses, the income reduced due to absenteeism, the living allowance for the disabled, and pay the funeral expenses and the necessary living expenses of the dependents of the deceased before his death. It is correct to stipulate that the infringement of the right to life should be compensated for property losses and compensation for the maintenance damage of indirect victims, but it is inappropriate to lack compensation for spiritual comfort. According to Article 18 of the Judicial Interpretation of Personal Injury Compensation, if a close relative of the victim requests compensation for mental damage, the judgment shall be made in accordance with Article 22 of the Tort Liability Law and the Judicial Interpretation of Compensation for Mental Damage.
Calculation standard of death compensation
In the evolution of compensation rules for infringement of the right to life, the calculation standard of death compensation has always been the focus of discussion. Article 29 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases stipulates that the death compensation shall be calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the Court of Appeal is located, and calculated for 20 years. Human life is priceless, but after the right to life is violated, it needs to be compensated in the form of money, which inevitably involves the standard of compensation. The above judicial interpretation stipulates that the average consumption level and income level of urban residents are higher than those of rural residents. In order to reasonably compensate the victims' losses and avoid aggravating the liability of the compensators, the calculation standards of death compensation for urban residents and rural residents are distinguished. The original intention is not to artificially divide the value of life by household registration factors. In recent years, with the development of market economy, people's mobility is increasing, and a large number of rural residents have entered cities and towns to work. A considerable number of rural residents work and live in cities and towns all the year round, their income is relatively stable, and their consumption level is basically the same as that of ordinary urban residents. Although the household registration is still rural residents, they have actually integrated into urban life. If such people have a fatal accident, when calculating the amount of death compensation, their household registration shall prevail and compensation shall be made according to the standards of rural residents. Obviously, it is unfair to compensate economic losses reasonably. To fully and correctly understand the above provisions, when confirming the calculation standard of death compensation, we should not simply judge according to the victim's household registration, but should comprehensively consider the factors such as the victim's habitual residence, work place, remuneration place and living consumption place. For example, in a case, although the victim's household registration is a rural resident, he lives in the county town all the year round and works in many units in the county town, and his income is relatively stable. The court held that it was unfair to calculate the victim's death compensation according to the standards of rural residents, which was obviously not enough to make up for the plaintiff's losses. Therefore, when confirming the calculation standard of the victim's death compensation, we should objectively consider the factors that his habitual residence, work place, reward place and consumption place are all in cities and towns, and calculate the death compensation according to the standard of urban residents.