Analysis On The Protection Of The Nameless Deceased In Traffic Accidents

As the economy continues to develop,vehicles are no longer a luxury.With the increasing number of vehicles on the road,the frequency of traffic accidents is getting higher and higher.Along the people who have been injured by traffic accidents,there are some unidentified victims,and their rights have also been violated.However,due to the lack of legislation,there is no unified national law or judicial interpretation in China that clearly stipulates who will prosecute to protect the rights of the victims of Anonymous.Correspondingly,there is no provision for the calculation of the compensation for the victims of "Anonymous" and the subsequent custody and disposal.This has resulted in the courts making a variety of judgments in the trial of cases because there is no uniform standard.This paper intends to analyze the status quo of the rights and remedies of the unnamed deceased,and explore the reasons for the problems of difficulty in prosecution,difficulty in compensation,difficulty in custody,etc.,and then put forward reasonable advice,hoping to provide the rights and interests of the victims of the "Anonymous" in the traffic accident case.In response to the trial of the unnamed deceased in the middle of the traffic accident,including the civil affairs department,the public security traffic police department,the procuratorial organs,the road traffic accident social assistance fund,the plaintiff litigation qualification,the author supports the social assistance fund as the plaintiff on behalf of the unknown person to file infringement Damages litigation.At the same time,the author supports the rescue fund as the custodian to protect the compensation of the unnamed deceased,and refers to the provisions of the General Principles of Civil Law on the maximum statute of limitations,the custodian is set to 20 years.For unclaimed compensation,the author advocates the inclusion of a rescue fund to safeguard the legitimate rights and interests of victims in subsequent traffic accidents.The author initially envisaged a series of procedures from the identification of the nameless deceased to the eligible subject of the civil tort damages lawsuit to the calculation and management of the compensation.I hope that the state can improve the relevant laws as soon as possible and safeguard the legitimate rights and interests of the deceased.