How to deal with the defendant in the suit of death without heirs of the case?

The people two   Chen Huawei

Case: Zhang a set of housing sold to Mr. Lee, the price 200000 yuan, after the delivery of 1629, Zhang due to price increases to renege, Li Mou to sue to the court. The sudden death of litigation by Zhang, Zhang has no heir.

For the case of how to deal with, there are views that, Zhang had died without heirs, should be in accordance with the "provisions of the civil procedure law" article 137th of the ruling the termination of litigation. I disagree with this opinion. If a careful comparison of "Civil Procedure Law" the 137th the first and the second paragraphs, it is easy to see that the Civil Procedure Law of China for the plaintiff and the defendant dies, the end of the proceedings of the condition is not the same. If the plaintiff dies, as long as no successor or heir waives the right to litigate, then ruling the termination of litigation. The defendant's death, "the defendant did not need to satisfy conditions of the two heritage" and "no person to undertake the obligation", will be ruling the termination of litigation. But in this case, the defendant Zhang is obviously a heritage, then there is no person to undertake the obligation? The author believes that, in accordance with the relevant provisions of the succession law of our country, the answer is yes.

China's "Inheritance Law" the provisions of article thirty-second, "legatee inheritance, owned by the state; the deceased was a collective ownership of members of the organization, to such an organization under collective ownership of all." According to the regulations, a person left a legacy, even without heirs or legatee, or they abandon inheritance, does not mean that the property as ownerless property, but belong to the state or collective ownership. In this case, if Zhang is the collective members of the organization, the Heritage House organization all the collective ownership, if the business organization all is not a group, the houses are owned by the state. Organization of all national or collective and receiving the property belongs to the natural person to undertake the obligation. But the problem is, this case is directly added to all national or collective organization litigation for the defendant, or to suspend litigation special procedure, identified by the property as ownerless ruled the house reverted to the state or collective after all, and then an additional receiving property sector for the defendant to suit? The author thinks that, since the special procedure in the civil procedure law set property as ownerless, then the program cannot be used directly to private property owned or collective ownership, so the case should be ruled that the suspension, to be specially program finds the property as ownerless nationalised or collective ownership, and recovery procedure. As for the no property owners apply for, can be presented by the plaintiff in the case of Lee to Zhang housing at the grass-roots court.