Study On The Litigation Responsibility Of Anonymous Dead In Traffic Accident

There is a dispute over the handling of such cases.There is no uniform provision in China's current laws on which subject can take the legal responsibility for the anonymous person who died in the traffic accident.Therefore,in judicial practice,the frequency of different judgments in the same case is getting higher and higher,and the phenomenon of insurance companies shirking their insurance liability is also increasing.Therefore,it is urgent and necessary to establish a subject for the anonymous victim in the traffic accident.On this issue has not only confined to the litigation act as main body of the dispute,confirm a litigation act as main body of compensation related issues and the dead anonymous' relatives in the different stages of litigation which influence the proceeding also gradually highlights,that all the requirements we attach importance to and solve such problems.This paper systematically studies the litigation responsibility of anonymous death in traffic accidents in China,which is divided into the following five parts:The first part discusses the concepts related to this article.The first part is the definition of anonymous,including the definition of the scope of anonymous and the identification of the procedures of the anonymous deceased.Secondly,it introduces the concept and classification of litigation responsibility.The second part analyzes the necessity of litigation for the anonymous victim in traffic accident in China.Mainly from the judicial practice of the judgment is different,the protection of human rights and the inevitable choice of insurance company responsibility to escape the perspective.The third part,from the current dispute relatively big four organs,namely the investigating and prosecuting organ,the traffic management departments,the civil affairs departments,the road traffic accident social assistance fund agencies to analyze their qualifications for the anonymous death in the traffic accident litigation.In the fourth part,it puts forward the problems existing in determining a subject to bear the litigation for the anonymous dead in the traffic accident in our country.Second,the problems caused by the occurrence of the near relatives of the deceased anonymous in different stages of the lawsuit are analyzed respectively in the court hearing,the appeal period of the end of the first instance,and after the final judgment is made.The fifth part,focusing on the related issues mentioned in the fourth part,combined with the cases in judicial practice and China's national conditions,put forward relevant Suggestions,in order to solve the traffic accident in China caused by the death of anonymous litigation issues.