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劳动者的生命能力丧失,其劳动能力必然丧失,而劳动能力是劳动者的财产,当劳动能力投入到劳动之中后,就会创造价值,劳动者以工资形式从其创造的价值中,分配到相当于劳动力成本部分的价值。这种价值为劳动者自身生存和发展所必须外,另外部分用于扶养家庭成员,或有剩余时以遗产的形式归继承人依法继承。当劳动者的生命被非法剥夺时,其利益关系人从劳动者可以获得利益的期望就会落空,因此,其就享有向侵权人主张这种逸失利益的请求权。这种逸失利益总和,不惟扶养利益,也不惟继承利益,应当是劳动者在余命年劳动力价值的总和,减去劳动者自身生存和发展所必须的费用。综合考量经常居住地、教育程度和年龄因素确定最终的死亡赔偿金。
When a worker’s life ability is lost, his ability to work is bound to be lost, and his ability to work is the property of his laborer. When his ability to work is put into his labor, he creates value. The worker, in the form of his salary, allocates To the equivalent part of the value of labor costs. Such value is necessary for the survival and development of the laborers themselves, while the other part is used for raising family members or, in the case of surplus, inherited by the heirs according to law in the form of inheritance. When the worker’s life is illegally deprived, the expectations of his stakeholders from the worker’s gain will be lost, so that he or she will enjoy the right of claim to the infringer. The total sum of this sum of interests, not only to support interests, nor to inherit interests, should be the sum of the laborers’ worth in the remaining years of labor, less the costs necessary for their own survival and development. Comprehensive consideration of the place of residence, education and age factors to determine the final death compensation.