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Analysis On Problems Of Civil Affairs Bureau Claims For Death Of Unknown Tramp

Posted on:2011-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:L DingFull Text:PDF
GTID:2166360305465402Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, with the vigorous development of China's transportation, traffic accidents are increasingly frequent. And unknown tramp deaths due to traffic accidents also occur. Because the relatives of unknown tramp could not be found, there exists different approaches on who have the right to initiate legal proceedings for their personal damages, such as what compensation criteria should be based on, as well as how to dispose of the compensation in the judicial practice. There are deficiencies and gaps in our legal system. Since there is no specific provision on this type of problem, both judicial practice and scholars hold different points of view and significant differences. In view of this condition, this paper introduces two completely different cases which arose great social echo. Through analyzing positive and negative views, I put forward my own views. And author also attempts to introduce public interest action to seek a solution. This paper is divided into three parts:The first part is the introduction of cases, a positive one and negative one. Though the two cases are similar, the final processing results are quite different. In Gaochun Nanjing, with the recommendation of the prosecuting organ, civil affairs department's proceedings didn't acquire support, while a similar case in Tonglu Zhejiang did. The different practice of two cases is thought-provoking.Based on the brief statement of proper party system, author will analyze the both cases deeply, setting out the reasons as well as relevant provision in support of civil affairs departments and efforts made by scholars in this regard. And also sets forth the reasons for losing of the civil affairs department, as well as scholars'concerns in this area. Through the current prevailing theory, author obtained the conclusion that Civil Affairs Bureau cannot be Plaintiff, and proposed the existing real obstacles to be a Plaintiff.The third part attempts to introduce public interest action system, expounding the development and theoretical basis of China's Public Interest Action, and then discusses the position of prosecuting organ in such public interest action, and such issues as compensation standards and the disposal of compensation, hoping to provide guidance on practical operation.
Keywords/Search Tags:Proper Qualification of Civil Subject, Death Compensation, Public Interest Action
PDF Full Text Request
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