死亡抚恤金是国家或有关单位按相关法规规定给予死者近亲属和被扶养人一定金额的慰问金及生活补助费,抚恤金代替不了死亡赔偿。死者已无从取得主张赔偿的权利,但法律不能无视利益受到损害的近亲属。基于身份关系的重要性,从亲属法的角度进行分析,应当以近亲属身份权被侵害作为近亲属索赔的理论依据,近亲属不仅可以向直接致害人提起死亡赔偿,也可以要求学校和政府承担起相应的责任,这样才能使近亲属被侵害的身份利益得到真正的救济。 Death pensions are condolence payments and living allowances granted by the state or related units to relatives and dependents of the deceased in accordance with the relevant laws and regulations. Pensions can not replace death compensation. The dead have no way of obtaining the right to claim compensation, but the law can not ignore the close relatives whose interests have been harmed. Based on the importance of identity relationship, from the perspective of kinship law, the theory of near-kin claims should be based on the infringement of the status rights of close relatives. Close relatives can not only bring compensation for death to those who are directly involved, but also ask schools and governments to assume From the corresponding responsibility, so as to make the benefits of being infringed by close relatives receive real relief.