Research On The Legal Problems Of Anonymous Collisions And Death Compensation

With the rapid development of China's transportation industry,traffic accidents occur frequently throughout the country.Some of the victims of personal injury caused by traffic accidents have difficulty verifying their identity.We call it “Anonymous” because their status is difficult to identify and cannot find families.Such cases often face the “right to lose,no one Advocacy of the embarrassing situation.In the judicial practice,due to the absence of relevant laws and regulations,there are no uniform standards and treatment methods throughout the country.Some government agencies and social organizations successively replace the rights of the victims of the Anonymous victim to accept claims,but due to the lack of relevant legal authorizations,In order to qualify as the subject of rights protection,the court often does not approve of this.Even if the perpetrators are actively compensating,they will encounter an embarrassing situation that cannot be reimbursed to the insurance company afterwards.What is more,there are incidents in which the perpetrators fail to claim compensation from the insurance company and turn to compensation.In order to solve this problem,to maintain the rights of “anonymous” close relatives of the deceased,to achieve the purpose of relief of the law,to exert the punishment function of the law and to demonstrate the fairness and justice of the society.This article from the 2014 “Serious and Unnamed Compensation Case” in Renshou County,Sichuan Province.Start with,and take this case as an example,to discuss several controversial issues in this case,such as whether the management agency for social assistance funds for road traffic accidents has the qualification to replace the rights of close relatives of “Anonymous”;“Anonymous” victims' Whether the compensation for death should be paid by the insurance company or be personally borne by the parties;the death compensation for the “Anonymous” deceased should be followed.At the same time,the author will focus on the legislative level,combine the views of the parties in the current theoretical and practical circles,and put forward his own suggestions on the improvement of relevant laws and regulations in China.He hopes that the management agency for social assistancefunds for road traffic accidents will be used in place of “anonymous” in legislation."The subject qualifications of recent relatives safeguarding their rights,defining the insurance company's liability for compensation and improving the custody and handling of the "anonymous" death compensation for the deceased,thus promoting the successful resolution of such issues.