死者权益诉讼中的当事人适格问题研究

Study on Standing in Litigations Involving Deceased Victims' Rights & Interests

死者权益诉讼并非为了死者利益,而是为了死者近亲属利益或者社会公共利益。死者近亲属享有诉讼实施权的正当性基础在于其继承了死者生前取得但尚未来得及行使的侵权请求权及其自身因侵权行为而受有损失。该诉讼实施权的行使往往兼具私人执法属性。实际垫付人对侵权人、死者近亲属享有请求偿还必要费用的请求权基础极为复杂,但其享有诉讼实施权的正当性基础均体现为其系实体权利归属主体。公益代表人属于职务当事人,构成补充性法定诉讼担当。

Litigation for the rights and interests of the deceased aims to ensure the benefits of his or her close relatives or public interests instead of the deceased himself or herself.The close relatives’ prozessführungsrecht is based on the substantive rights that he or she has inherited from the victim and those that belongs to themselves.When initiating such lawsuits,the close relatives are both achieving private interests and protecting the public interest of the society.Though substantive law basis for the actual advanced payers to claim their advanced payment to be paid back by the infringers or the victim’s close relatives is very sophisticated,the legitimacy of the actual advanced payers’ Prozessführungsrecht is based on substantive rights.Public interest representatives belong to position parties whose Prozessführungsrecht is based on statutory litigation undertaking.