Study On Compulsory Insurance And Social Salvation

Based on the purpose of respecting human right and protecting human life, law of People's Republic of China on road traffic safety and regulation of mechanical transport accident liability compulsory insurance promulgate and implement one after another. In these two regulations, the establishment of the system of social salvation (hereinafter S.S.) fund in road traffic accident is the biggest luminescent spot, which combines the system of liability compulsory insurance (hereinafter L.C.I.) with the system of S.S. to realize the function of respecting human right and protecting human life. L.C.I. is the insurance that taking the policy holder's liability to the third parties'damage as the subject matter. If there is no liability of the policy holder, there is no obligation to compensate. However, in the traffic accident of motor vehicles, the situations sometimes like that, the motor vehicles do not have the liability or the driver who should bear the liability runs away, even the victim should bear the liability because of his or her own faults. L.C.I. couldn't work falling across the situations mentioned above. Thus it is necessary for introducing the system of S.S. fund on road traffic accident, defining the S.S. characters of this system and putting the parties who accord with the S.S. conditions into the S.S. scope. Through these actions, the existing and life right of the victims can be protected timely. The combination of the systems of L.C.I. and S.S. can demonstrates the purpose of legislation in system designation. Because of the social relief characters of the fund of S.S., the regulations of the system of S.S. of China exist the problems as follows:Firstly, S.S. is one kind of the social security measures helping the person aided to maintain the right of the basic life. It is one kind of citizens'rights, country's liabilities, and one kind of volunteer and unconditional salvations. The clauses of using the S.S. fund to pay in advance the fee of funeral, part or whole salvage of the victim are inconsistent with the characters of S.S. itself, which can be doubted as helping the victim to deal with an emergency by the name of S.S.. Thus, it is necessary to classify the characters and functions of S.S., that is, implementing the system of S.S. effectively according there characters and functions. As to the victim that the motor vehicles need not to bear the liability, as long as the victim accord the condition of S.S., the victim should obtain volunteer and unconditional salvations rather than getting the temporary emergency fee.Secondly, it is the flexible mode of current S.S. in China, that is, government dominant, various fields of society participated, all parties bearing the liability together. The author hasn't found the rule of government on the aspect of the source of S.S. fund. Government hasn't played the rule in the aspect of the source of S.S. fund in traffic accident of motor vehicle it should have played. S.S. of traffic accident aims at the victim (according with the poverty criterion) in the accident (no liability of motor vehicles or can't find the liability bearer or even the victim should bear liability themselves). So the amount of fund would be more and more little theoretically. Government should grants a certain proportion of the budget which embodies dominant rule of government.The thesis consists of four chapters. First chapter narrates the function, origin, developing evolvement of compulsory insurance; defines that the evolvement of function of compulsory insurance in modern society lies in enlargement of its bonum publicum character, which makes the safeguarded object transferring from filling up the loss of policy holder to protecting the victim to be compensated timely. Second chapter expounds that L.C.I.of motor vehicles as one special liability insurance, once being one kind measure to protect the victim, should follow the fundamental principle of compulsory insurance. The principle is that no responsibility, no liability of compensation, that is, S.S. fund should be used effectively and reasonably, the policy holder needn't to bear reasonless burden. Third chapter points out definition, characters and functions of S.S., which confirms second chapter and supply the basis for forth chapter the system of S.S. fund. Forth chapter, as the summarization, is the keystone of the thesis. In this chapter, the author firstly expounds the rationality and scientificity of the fund's existing from the angle of value commonness of L.C.I.and S.S., and points out that the fund belongs to the scope of S.S.. The author secondly oppugns to the source of fund based on S.S.characters of the fund and puts forward that government should play the dormant role in the source of fund. The author thirdly distinguishes the differences between S.S. and the social temporary emergent relief. The role of S.S. should be popped out. Finally, based on the summarization of the thesis, the author brings forward the conclusion, that is, the government budge should be the main source of the S.S. fund; persons according with the conditions of regulation made in advance shall obtain relief from the system of S.S. fund volunteerly.