MBT scarpe presa,On the road traffic accident deat

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On the road traffic accident death compensation Anonymous

Introduction: China has been killed in traffic accidents, compensation for Anonymous are no specific legal provisions, including the Anonymous compensation standards, the main how to determine are in dispute, until May 1, 2006 from the implementation of the for road traffic accidents on behalf of the social assistance fund management institutions save, but if the responsible party does not lose the case, instead of Anonymous who claim rights? Still not clearly defined. The country has emerged from the Civil Affairs Bureau, more rights for the Anonymous case, the different treatment of local courts, causing the legal profession and the community great concern. In view of this, the main author of the Anonymous eligibility, claims standards, the return of issues, and specific operating procedures to make series of other issues to provide guidance on the meaning of practical operation.
Keywords: Anonymous Civil Affairs Qualification sue for compensation
About case: 2008 年 7 月 19 at 21 am, Cai driving a car along the Guangdong Shunde District Longjiang, Shunde,[link widoczny dla zalogowanych], China Longjiang Road, driving to the road in the Yi Hua stretch of road outside the supermarket, and the Anonymous driving a two motorcycles collided, resulting in varying degrees of damage to two vehicles, rescue injured Anonymous invalid on July 22, 2008 death. Later, Shunde Branch Traffic Police Corps, identify the body in the local newspaper published a notice, but has not yet appeared, his near relatives. August 13, 2008, identified in traffic accident responsibility, Cai assume full responsibility for this accident, Anonymous no responsibility in this accident. By law, deal with traffic accidents should be under the auspices of the traffic police negotiated the deal with the accident,[link widoczny dla zalogowanych], the victims of this accident could have been killed, and no near relatives of the victims there,[link widoczny dla zalogowanych], which means that this accident only there is one perpetrators, incident handling an impasse. Meanwhile, Cai also in an awkward position: he asked for compensation to the traffic police department section of things,[link widoczny dla zalogowanych], the traffic police department said that if Cai is really a sum, then, only by urban standards of compensation, but have not set up their department relief fund So even if the compensation payment to the Cai does not know how to handle the proposed use of payments temporarily Cai; but if you do not pay to be investigated when the Crime, it is difficult to be sentenced to probation; the other hand, where insurance Cai The insurance company also made it clear that if the money prepaid Cai, and they would not be claims on the grounds that the identity of the deceased without confirmation. If Cai really do not give money, then who will stand for the Anonymous right? Civil Affairs Bureau, instead of Anonymous as a plaintiff can sue it?
Disposition: first opinion: the relatives did not find the premise of Anonymous, Cai without compensation, the Civil Administration can not be sued as the plaintiff instead of Anonymous. Under the Supreme People's Court of being dependent, and death are near relatives of the victims. . The other the relationship between citizens and legal persons. Bureau of Civil Affairs or under the assistance station which is not a close relative of Anonymous, the right to sue on behalf of Anonymous. Second view: Civil Affairs Bureau, the right to sue instead of Anonymous. Although the Social Assistance Fund, the accident did not set up people do not want compensation or tort cases, civil affairs department which should be the storage unit of compensation payments. Anonymous from the maintenance of such right to life and health of vulnerable groups, starting from the civil law principle of equity proceed, starting from the state and social management, the Civil Administration can be the subject of proceedings in the case.throughout the country the situation has been found in similar cases, mainly in traffic accidents among those who died are all anonymous, the traffic police can not confirm his identity, while not linked to their close relatives. To safeguard the interests of family members of Anonymous, to break the deadlock in the case, the Civil Administration in order to subordinate units in their own name or for the relief stations Anonymous access to the courts to require the perpetrators or the responsible parties and insurance companies bear the responsibility for compensation. Courts in different parts of the treatment of these cases are different, such as: 2006 年 4 months, Gaochun County Court on the territory of a car accident killed two homeless cases,[link widoczny dla zalogowanych], because the main grid does not reject the prosecution of Civil Affairs; 2005 年 Linxiang Court decision in the form of action recognized qualification of Civil Affairs, the defendant was sentenced to the payment of compensation to the plaintiff a total of 15.46 million yuan; 2006 年 6 month family Kong Wu Yichang City area, a driver killed on the spot will be a tramp, the Civil Administration under the assistance station filed a lawsuit in November 2006, Yichang, Wu family Kong District Court through mediation, so that the driver was killed and the owner agreed to pay 62,000 yuan compensation for death bum ... ... Court Civil Administration in the prosecution of traffic accidents in practice for Anonymous, a support and do not support, the Civil Administration have the qualification?

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