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关于死亡赔偿金的性质自其出现之日起就没有停止过争论,目前存在的主流观点有主张死亡赔偿金是对死亡受害人近亲属的赔偿,这其中继承丧失说是主流,另外还有抚养丧失说。认为不是遗产的观点的出发点是死亡时的损害赔偿请求权产生的前提在于被害人本人的死亡。而被害人本人若想使得损害赔偿请求权产生,必须要求被害人处于生存状态,这两个前提条件在逻辑上的矛盾难以逾越。而本文恰恰是试图解决这个矛盾,并以此来驳斥目前的主流观点,从而试图证明死亡赔偿金的性质应当是遗产。
The nature of the death compensation has not stopped its controversy since the day it appeared. The prevailing viewpoints advocate that the death compensation is the compensation for the close relatives of the victims of the death, of which the loss of inheritance is the mainstream and that there is also dependency Lost. The starting point for thinking of not being a legacy is the precondition for the right to claim damages at the time of death, which is the death of the victim himself. However, if the victim himself wants to make the claim for damages arise, he must ask the victim to survive. These two preconditions are difficult to surpass in logic. This article precisely tries to solve this contradiction and refutes the current mainstream opinion in order to prove that the nature of the death compensation should be a legacy.