A Research On The Social Assistance Fund In Road Traffic Accident

As our society keeps on improving with the convenient transportations and the number of automobiles increase rapidly, the automobile becomes an essential tool for modern people. Although it brings us great convenience, we need also to take a risk resulting from danger of car application. The traffic accidents caused for physical injury or the dead will result in serious threat and harm against persons and the society. Therefore, almost every country in the worldwide manifests regulations to protect the victims. How to make the traffic victims obtain the basic protection? The enforced automobile liability insurance is one of the best systems. However, when the accidents caused by uninsured motorists or by untraced motorists, the injured party cannot obtain protection then. The social assistance fund in road traffic accident is just established on such a purpose.The fund is established to provide compensation for innocent victims of motor vehicle accidents caused by uninsured motorists or by untraced motorists. Therefore, when the injurd party cannot obtain protection from the compulsory automobile liability insurance, the social assistance fund in road traffic accident will become the most important protecting measure.The construction of legal system is a very complicated project. Because the road rarffic legal system concerns the daily life of the most people, it need to be more cautious and perfect. The prominent problem in The Law On Road Traffic Safety Of PRC is that there is no complete set of legal system. Coming into force on May 1,2004, the State Council has not make the Implementating Rules yet. Therefore, the Research on the Social Assistance Fund in Road Traffic Accident will play an important role to the Implementating Rules making ,and to the perfection of Chinese legal system.The reseach focuses on the framework of the social assistance fund in road traffic accident, beginning form its conception, discussing the ralationship between the compulsory automobile liability Insurance and it, its character, and the orientation of the government. By empirically analysising the related laws and their defect ,I point out the reality of the social assistance fund in road traffic accident. Then I introduce the similar systems of other countries, such as the Unsatisfied Judgment Fund in the USA, the Motor Insurers' Bureau in the u.k.,the Security Fund in japan, and the Motor Vehicle Accident Compensation Fund in Taiwan of China. In the end, by analysising the problems of the fund, like the source, the overhand institution, the compensation, the right ensurance of the applicant, and the choice on legislation, I designate some deficiencies and controdictions, and put forward some proposals for the further reseach and future consideration.