No close relatives were killed without compensation? In 2014, Zou driving killed a nameless passerby, was found to bear the main responsibility. Located in the county road Zizhong County traffic police department traffic accident rescue fund, Sue Zou and deposit insurance company, request custody death compensation by the court, the Organization Department of local regulations and non legal authority dismissed. Unexpectedly, the dramatic scene took place. Zou Mouxian is active to pay 120 thousand yuan, then the court verdict in criminal punishment, sentenced to probation. But after the judgment into effect, Zou also sued the fund, 120 thousand yuan as unjust enrichment requirements will be returned. (October 25th "Huaxidoushibao") in the fund of the claim is rejected, in order to achieve the purpose of punishment, take the initiative to pay a 120 thousand yuan, to achieve the purpose of probation, and to sue for return of unjust enrichment, Zou can rack the brains. However, there is not good will allow him to. As a lawyer pointed out, Zou’s wishful thinking can’t succeed. Although the fund has no right to claim compensation or escrow rights, not without money or receive custody rights. Moreover, both the traffic accident rescue fund, Zou and its behavior to the fund which killed passers-by and cost, in order to be able to get a lighter punishment should take the initiative to pay compensation payments, the amount paid by nature is suspended on a price, how to unjust enrichment? Step back and say, even if he had to pay 120 thousand yuan was identified as unjust enrichment, the verdict returned, his sentence will lose the basis, to start the retrial procedure, the court should be given compensation he had no sincerity, but malicious loopholes, revocation of probation and sentenced him to real punishment, let him suffer from jail bitter, finally caught up with his own petard. It is worth pondering, Zou can perform this purpose after the money to get back to the game, and he sued the fund and insurance company was rejected by the court, is for the Supreme Court "on hearing on issues of law applicable to cases of compensation for damage in road traffic accident explanation" provisions of article twenty-sixth of the infringement deaths due to road traffic accidents, no close relatives or close relatives are unknown, not legally authorized organs or other relevant organizations to the people’s court claim compensation for death, the people’s court shall not accept the. This poses a problem, that is, if not like Zou’s active pay, may like renshoucounty, because there is no relevant organizations authorized by law or even no such law (did not find), no one can claim compensation for infringement of rights. As a result, it means no near relatives or close relatives of the unknown killed white hit, without compensation? It not only makes the butt who do not pay the price as kill other people do, but also because there is no actual compensation, the impact of the right to life not like other people get value. This is obviously unreasonable. However, according to the tort liability law and other relevant laws and regulations, the right to claim compensation for the death of the victim is their close relatives. In accordance with the law of the effectiveness level requirements, if there is no relevant authorization, whether it is administrative regulations or local laws and regulations, such as the lower law should not break the provisions of the supreme law, the right to grant close relatives.相关的主题文章: