Discussing The Appropriate Accuser On The Death Of The Victim Unidentified Compensation Lawsuit

In the current social context, the law of compensation lawsuit about plaintiff qualification of death status in traffic accident cases the unidentified victim does not make clear provisions, which results in different subjects as the plaintiff on behalf of litigation rights, for example: the Bureau of Civil Affairs, Procuratorial organs, the traffic police department, road traffic accidents social assistance fund management institutions and so on, this case is Dongguan aid fund office on behalf of unidentified near relatives of the victim prosecuting rights.From the Bureau of Civil Affairs on behalf of the country's first case of so far unidentified tramp safeguarding rights, traffic accident death by unidentified victim compensation lawsuit plaintiff who can make eligibility controversy will have continued. The different plaintiff served rights proceedings, the Court may have different attitudes to the opposite. In the case of the absence of relevant laws and practice,which lead to be "have the right, without relief," or "have the relief, contrary to the program," the embarrassment must be saved, but need some legal basis!In order to play legal relief function, so that the rights have been violated receive timely relief, the paper typical traffic accident death compensation lawsuit cases of unidentified victims in plaintiff suitable analysis problem by induction to the theoretical issues involved in the case and the focus of controversy analysis summarizing the case and then return the form to explore, combine the phenomenon of different subjects arise as the plaintiff in practice putting forward my opinions and suggestions, in order to improve the relevant legislation as soon as possible.The text of paper is more than 24,000 words. According to "ask questions of facts presented and the focus of controversy analyze the issues involved in the case of the corresponding summary and regression cases, solving problems for the revelation of the case," the idea reads:The first part mainly introduces the basic situation of the case, described in detail both the original defendant in court and a second instance regarding the focus of controversy-Relief Fund Office Dongguan whether the plaintiff's eligibility disagreement.The second part is the analysis of the legal issues involved in the case, first analyzes the unidentified victim compensation for death lawsuit of necessity and realistic dilemma; Secondly, the death compensation is always having controversy, we will give the panoramic display- current legislation, theoretical dispute, then reach the author's view; the last is an important theory about the parties and the criteria of parties eligibility for later analysis case and study Revelation do basic bedding.The third part is the analysis and conclusion of the case, by summarizing the conclusions of first instance, second instance differences, the High Court instructions, combined with theoretical analysis of the problem related to the second part of this paper give my view, then there is a real existing rules-based logic, but also based on expected legal ought logic.The fourth part is the revelation of the case study, the significance of this paper is a case study lies. Unidentified victims from the necessity to determine the eligibility of the plaintiff,starting to play compared with the proceedings of different subjects to choose from, will come to the feasibility of road traffic accidents the social assistance fund managers act as litigation. Of course, the plaintiff's eligibility should also be established to support the establishment of appropriate rules of procedure, so as to ensure the purity of the body rights.