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《国家赔偿法》第34条第1款第3项对死亡赔偿金作了规定。通说认为,较民法之人身损害赔偿,其更合乎平等原则的规定和精神,可更有效地保障公民生命安全、促进依法行政;在个人生命权受到侵害的情形下,可以给予其亲属或者被扶养人更充分、有效的救济。经由文义解释可发现,系争规定纵向和横向上均有违反平等原则的嫌疑,且在比例原则之禁止保护不足原则四阶审查下,虽经受住目的正当性原则和适当性原则的审查,但未必能经受住实效性原则和均衡性原则的审查,应予违宪无效。
Article 34, paragraph 1, paragraph 3, of the State Compensation Law provides for compensation for death. It is generally believed that personal injury compensation in civil law is more in line with the provisions and spirit of the principle of equality and can more effectively safeguard the life and safety of citizens and promote the administration according to law. In cases where the rights to personal life are violated, their relatives or Raise people more fully and effectively relief. Through the textual interpretation, we can find that the provisions of the dispute are both vertically and horizontally suspected of violating the principle of equality, and under the fourth-order examination of the principle of prohibition of the lack of protection of the principle of proportionality, although it has withstood the examination of the principle of principle of justification and the principle of appropriateness, But may not be able to withstand the review of the principle of effectiveness and the principle of balance, and should be unconstitutional invalid.