Research On The Relief Of The Rights And Interests Of The Anonymous Deceased In Road Traffic Accidents

In recent years,with the increase in the number of cars in our country,road traffic accidents occur more frequently,thus the problem of the unknown deceased tends to be a concern of the legal affairs.The right to life of the anonymous deceased is equal to the right to life of other members of the society,and is also protected by the law.Although the rights are terminated after their death,their personal interests cannot be eliminated due to their death.There are many laws and regulations on road traffic accidents in our country,but there are still gaps among them on the rights and interests of the unknown deceased in road traffic accidents.Because of the frequent occurrence of such cases,in order to solve related litigation problems,local authorities have issued a series of regulatory documents,but the regulatory documents of different places have different requirements for the eligible plaintiff in this type of case.It is not uncommon for loopholes in the legal rules to cause different judgments in the same case in this type of case.This not only causes losses to the legitimate rights and interests of the unknown deceased,but is also detrimental to judicial credibility.This article first introduces the "Jining City Public Security Bureau Traffic Police Detachment v.Shao Xiaoxu,China Ping An Property Insurance Co.,Ltd.Jining Center Branch"(the "Jining Case")and "Zhang Hanxu v.Xinda Property Insurance Co.,Ltd.Inner Mongolia Branch Chifeng Center The branch company case"(referred to as the "Chifeng case")separately analyzed the three aspects of disputes in the case,namely,the eligible plaintiff,death compensation,and the procedural issues of the case.Due to the large number of eligible plaintiffs in road traffic accident cases involving the unknown deceased,which is highly controversial,it is recommended that the procuratorial organ be designated as a qualified plaintiff,because it has a wealth of legal knowledge and has gained a wealth of prosecution experience in the process of judicial practice.With its litigation skills,all kinds of emergencies can be resolved in the.Moreover,in criminal cases with civil litigation,the procuratorial organ has all the evidence in the case and has the most complete and detailed understanding of the case compared with other organs.It is most appropriate for it to act as the plaintiff instead of the anonymous deceased to claim the rights and interests.The death compensation involved in this type of case is a kind of property damage compensation,which cannot be treated as an inheritance.If the death compensation of the unknown deceased is not received by relatives,it can be first handed over to the social fund relief agency to help the people in need of relief.When the relatives of the deceased appear,the compensation will be returned to them.Regarding the preservation statute of limitations for death compensation,the effective statute of limitations can be used as a reference,that is,the ordinary statute of limitations is three years and the maximum statute of limitations is 20 years.The retention period starts from the day when the compensation is transferred to the account and ends after three years.If there are special circumstances,the requester can apply for an extension of the period.After receiving the death compensation,the victim's close relatives can decide how much to allocate through negotiation,because the victim's close relatives have a closer family relationship,which can take care of the elderly in the family and care for children who are underage.In this way,the distribution results obtained under negotiation are often satisfactory to most people.If there are people who are not satisfied with the result of the distribution and the negotiation fails,they can file a lawsuit to resolve the issue.If the trial principle of "punishment before the civil" is applied in a road traffic accident case involving an unknown deceased,it will have a certain negative impact.When this concept is used in the trial of a case,it will cause punishment to be the priority and the first and strengthen,such mindset of valuing punishment and devaluing the people to be day by day.Thus,it is recommended to adopt a trial sequence of "criminal and civil parallel" or "criminal before civil".This mode is in contrast to the trial mode of criminal first and then civil.It no longer emphasizes the status of criminal law too much,but focuses on protecting individual interests.The criminal part and the civil part are tried at the same time to protect the interests of the victims.When handling cases with the criminal-civilian parallel trial mode,it is no longer necessary to wait for the criminal investigation to be completed,instead,the civil part of the compensation liability can start straight away,which speeds up the trial of the case and provides convenience for individuals.This is also in line with the rapid development of society and economy in modern society.However,there are a number of procedural difficulties in the mediation,reconciliation system,appeal,protest,and enforcement regulations involved in such cases,which require us to further improve the management system in public interest litigation.