自然人死亡后不能行使损害赔偿请求权,但赔偿利益仍然客观存在,义务人仍应履行,只是权利人丧失了主张能力。本文指出虽然权利外壳没有了而内核即利益仍然存在,仍属于受害人,该利益可由继承人以本人名义通过行使利益取回请求权进行主张。 After a natural person dies, he can not exercise the right of claim for damages, but the interests of compensation still exist objectively, and the obligor should still perform it, only that the right holder loses his ability to claim. This article points out that although the right shell is gone and the core is the interest that still exists, it still belongs to the victim, which can be advocated by the successor in his own name by exercising the interest retrieval claim.