亲属间死亡赔偿请求权研究——兼论亲属间伤害赔偿

亲属间一方导致另一方伤害或者死亡,受害者本人或者其近亲属的损害赔偿权利与侵权法的价值并不契合,所以对亲属间的死亡赔偿请求权应予以适当限制。赔偿权利人只限于死者一亲等亲属,并且赔偿只限于加害人故意的情形下。直系血亲间一方致另一方死亡,死者近亲属不得提起赔偿请求。在处理此类案件时,还应注意赔偿与相关当事人的权利、责任的冲突问题并予以适当协调。

Research on Death Compensation Claim between Relatives -And Damage Compensation between Relatives

When one party of relatives caused damage or death to the other party, the rights of damage cornpensation of the victims themselves or their close relatives aren＇ t fit into the value of tort law, so proper restriction should be exerted on compensation claim between relatives. So the person of having the right of claim should be limited to the first degree of kinship, and only the compensation is possible when the inflictor is in the case of intentionally. Between the direct lineal descendants, when one party caused in injury to the other party , close relatives of the dead should not have the right of claim. When dealing with such cases, should also pay attention to the conflict of compensation between the right of relevant parties, the confliction of responsibility, and given appropriate coordination.