Who Have The Right To Sue In Civil Cases In Absence Of The Deceased's Close Relatives

This article discusses the main content is a natural death after suffering infringement, if a near relative of the deceased does not exist or his close relatives can not be determined due to identity of the deceased, the infringer need to bear the civil liability for damages or not, if we say yes, the institute attributable to the main body of civil litigation related to who.This problem has been concerned by theory and judicial practice, departments, the paper access to a large number of books and literature, combined with my own practice experience, research the right to sue on the issue of attribution, the purpose is to provide ideas to the judicial practice and perfecting legislation. Full-text content can be roughly divided into the following sections:Chapterâ… presentes the problem to be solved.listing two example of anonymous wandering were killed by vehicles in case of death presented in the absence of close relatives, the rights of ownership of the prosecution. Analysis of the law on the issue of negligence, that is not no near relatives or close relatives can not determine the circumstances, entitled to prosecute any of the main rights.Theorists proposed that the present controversy over the prosecution of the main qualifications and judicial practice, different treatment.Chapterâ…¡pointes out that the nature of this case, the problem is the existence of legal loopholes, that the law does not take into account the deceased had no close relatives, close relatives or the situation could not be identified, ignoring the request for compensation under this situation or have the right to sue the qualification of the main requirements.Gradually from the existence of legal loopholes, how to identify loopholes proof full that conclusion. Certain the existence of legal loopholes from the perspective of sociology of law. Determine this premise, the three methods:the same things at the same event, exclusion, self-identification method were in the use of the legal loopholes.Chapter III discusses the somebody else as the eligible claimant has a solid foundation. The valuable foundation, including justice, social order, litigation efficiency; theory foundation, including the right of actions to implement the sue, the interest of action, the subjective scope of power case expansion judicial discretion. The purpose is to demonstrate the other main body to replace the legitimacy of the prosecutionChapter IV mainly demonstrates the instead of prosecution are the subject of civil affairs departmentsthe.Purpose of expanding as an imputation method, the system of supporting prosecution will expand to support the prosecution.the body have the right to bring a civil action in his own name. The civil affairs department of the terms of expansion of the protection of vulnerable groups into the civil affairs departments as plaintiffs prosecute the tortfeasor.Expand the scope of civil guardianship system to the homeless after the death of Anonymous. Measure of interest and then compare the pros and cons of whether or not prosecution of the civil affairs departments, draw more good than harm to prosecute civil affairs bureau, civil affairs departments should be given standing to sue. Finally in order to prove that the subject of civil affairs departments as prosecution is feasible, statistics judicial practice general civil affairs departments as the plaintiff prosecution.