Damages of Wrongful Death in Chinese Tort Law: Concentrating on Art 16&17 in Tort Law of China

The new system of damages of wrongful death was established in the Tort Law of China, so the method of that research should be transmitted from reasoning about law to reasoning by the law. According to the Tort Law of China, damages of wrongful death compensates the negative interest of close relatives of decedent, including the living expenses of the persons in need of the victim's maintenance and upbringing, which parallels with consolation money for the psychological injury. Compared with methods of general calculation and individual calculation, the feasible and impartial method of awarding damages of wrongful death may as well adopt the victim's loss of incomes on the basis of the similar extent of profession, education, etc.