无近亲属受害人之死亡赔偿请求权

On Right to Compensation Claims for Death of Victims without Close Relatives

无近亲属或近亲属不明的受害人被伤害致死,其生前所欠医疗费、护理费、交通费、住宿费的债权人,得向加害人行使具有物权性的追偿权;有权接受其遗产者得提出误工费、死亡补偿费赔偿;料理死者后事者享有丧葬费等费用请求权;与受害人间无法定权利义务的扶养人、被扶养人有权享有属于遗产部分的请求权。死亡赔偿是加害人必须承担的责任,国家接受死亡赔偿具有正当性,民政部门作为请求权人具有妥当性。立法建议民政部门接受赔偿后,代为支付上述费用后,所余归国家所有。

If a victim who has no close relatives or whose close relatives are unknown is intentionally injured and ends up in death, his creditors have the compensation recovery right against the infringing party for the medical fees, nursing fees, transportation costs and accommodation expenses incurred from the victim＇s death. The inheritors are entitled to claim for the loss of job income and death compensation. Those in charge of the funerals have the right to claim for funeral expenses. People supporting or being supported by the victim but without statutory rights to and obligations against the victim are entitled to the right of claims for the heritage. It is the infringing party＇s legal obligation to compensate for the death of the victim. The State recognizes the validity of the abovementioned death compensation claims and the Civil Affairs Authorities is the appropriate entity to file the claims. It is suggested that when the Civil Affairs Authorities receives the compensation, payment shall first be made to relevant parties and the remaining amounts shall go to the State.