The Analysis Of Nameless Dead Cases In The Road Traffic Accident

Along with the increase of car ownership, in road traffic accident death toll from rising, the number of "unknown death" which keeps increasing, the only one in chongqing city, from 2010 to 2010, only the road traffic accident statistics on social assistance funds reached more than 20, however, China’s current "unknown death" the dead in the road traffic accident compensation rights can be said to be in a vacuum state, thus a lot of legal disputes in practice. In this paper, by introducing a basic case, the analysis of basic case, on the basis of summing up the dispute focus of case and different views and support the point of view, on the basis of the basic reason from the Angle of theory and judicial practice, using the learned knowledge of legal theory to case on theoretical analysis, it is concluded that the processing of this case. Through the analysis on the basis of root such cases combined with some practices in the judicial practice put forward some Suggestions: building the "unknown death" compensation system, establish the principle of compensation, clear compensation rights subject qualification, enriched the contents of the compensation system, define the legal liability the parties involved, strengthening cooperation ability build a multi-level and comprehensive supervision system。The main content of this article is divided into three parts: first, put forward the basic case, inductive dispute focus then; The second case, the analysis of existing legal problems; Third, the paper puts forward some reasonable Suggestions; Anonymous dead compensation in China’s present situation and deficiency, and expounds the anonymous dead from the law Angle compensation problem, aiming at defects on the rights of our country, on the basis of analyzing the problem puts forward perfect our country "unknown death" the dead in the road traffic accident compensation rights protection advice, this not only can satisfy the legal fair and equal to public expectations, can also reveal its respect for life, but also provide guidance for the future judicial practice.