本文讨论《民法通则》第119条中“死者生前扶养的人”的界定问题。最高人民法院本来采实际扶养说,但其公报公布的一个案例似乎对此有所改变。这种改变与法律解释方法有所不合。在立法论上,学者之间存在分歧。笔者认为,应当改采仅仅法定义务说,同时采严格意义的事实扶养说。 This article discusses the definition of “people who were born before the dead” in Article 119 of the General Principles of Civil Law. The Supreme People’s Court originally adopted actual support, but one case published in its communique appears to have changed. This change is somewhat different from the legal interpretation. In legislation, there are differences between scholars. The author believes that it is necessary to reform the mere statutory obligations and at the same time take the factual support of the strict sense.