On The Protection Of Anonymous' S Death Rights In Road Traffic Accidents

With the development of public transportation in China, the failure to ascertain theidentity of the deceased in traffic accidents has frequently occurred. Because of the inabilityto ascertain the identity of the deceased, it is unable to fully protect their right of lifeaccording to the existing law. This thesis unifies the status quo at the law level and judicialpractice in our country, discusses the maintenance of rights after John Doe’s death andproposes legal advice, hoping to improve the improvement of the tort law.This thesis consists of four parts.Part One identifies John Doe’s victims who die in traffic accidents. This part makesanalysis and definition from the perspective of the literal meaning, legal definition andprocedure determination and proposes the conditions and procedures for the identification ofJohn Doe’s death in traffic accidents.Part Two analyzes the necessity of safeguarding the rights and interests of John Doe’sdeath in traffic accidents. This part endeavors to make elaborations from the perspective ofthe must to respect the right of life, the necessity of adjustment function of the tort law andthe protection of the right of John Doe’s right of life is the reflection of people-orientedconcept of the rule of law in China.Part three analyzes the status quo of safeguarding the rights and interests from JohnDoe’s death in traffic accidents in China. This part respectively makes elaborations from theperspective of the imperfect legal system, the diversified subjects in safeguarding the rightsand interests, the unclear compensation scope and amount and the uncertain keeping unit forthe compensation.Part Four, in combination with the above analysis, proposes legal advice for protection ofthe rights and interests of the victims. This part proposes answers to and the relevantsuggestions for the key questions, including who is able to bring a lawsuit and join the lawsuiton behalf of the victims, what compensations the victims can gain, which standard can bereferred to in computing the compensation and how to effectively protect and utilize the compensation...