“死亡赔偿金”性质之争述评

笔者以为,学术界关于死亡赔偿金性质的主要五种学说均存在缺陷,建议将"扶养丧失"说的被扶养人范围作扩大解释,其还应包括享有扶养期待权的人和主要依靠死者生前扶养的人。此外,针对主观恶性较大的侵权人,采取惩罚性赔偿金措施。

The Rreview of the Discussion on Nature of Compensation for Death

At present,there are five doctrines of the nature of death damages in theories,namely the theory on loss of life damages,value of life,loss of inheritance,maintain the standard of material life and loss of support.In author’s opinion,they all have disadvantages,the best solution is to expand the limit of dependents,should also include persons who have the right to expect to be supported and persons who are mainly supported by decedent.In addition,the punitive damages measures should be taken to the infringers whose subjective intention is malignant.