英文摘要 |
How to compensate the lost of life is an issue in Formosan society when serious accidents occur. Can the family left behind claim damages of the money that the dead might have earned if he or she is not killed? The prevailing doctrine and court judgments take the view that when a person is killed, no right can be added to him or her, thus such damages do not exist However, Japanese law takes an opposite view. This article introduces the situation in Japanese law and analyzes Formosan law, and claims that the Japanese approach can be considered as a way to better compensate the killed and his/her family left behind. |