| The Road traffic accident social assistance fund legal system is a new social security system, which assumes the functions of social assistance. It is a great institutional innovation in the protection of the interests of victims in road traffic accidents. Its legal status can be divided into corporate person and private person, its applied object is specified and the level of protection is limited. It is a compensation of Automobile Traffic Accident Third Party Liability Compulsory Insurance System, it can further make up some legal loopholes or shortcomings of compulsory automobile liability insurance, it can improve the victim assistance system as well, and at the same time, the Road traffic accident social assistance fund has the functions of collecting,supervising and using money and compensating as well as recovering money.Funding source is the most basic problem of social assistance funds for road traffic accidents. At present, the main source of relief funds in China is dependent on the certain percentage of premium extracted from automobile traffic accident third party liability compulsory insurance. The percentage structure of the relief fund source is needed to be improved as soon as possible, and sources of funds are to be broadened, such as through national financial subsidies, a certain percentage of funds extracted from fuel tax funds, auction expenses of auspicious number of motor vehicles, etc. As to the compensation nature of relief funds, there exist the legal right doctrine, the responsibility Tutuo benefits doctrine and legal debt shared responsibility doctrine. The terms of compensation, the definition of liability limit of compensation and the refinement of compensation procedures should be improved. As to supervision and management of China relief funds for road traffic accidents, setting of supervision and management institutions should be regulated.As to the regulatory approach, government supervision, social supervision and self-supervision are combined to apply. The specific content of supervision shall include the regulatory agencies, funding supervision, financial supervision, payment supervision, etc. In addition, Road Traffic Accident Social Assistance Fund Management Provisional Measures issued by the current five ministries is needed to be improved, the legal system of the relief funds should be perfected, supervision of information disclosure should be improved, and special audit supervision as well as the expert review, re-check and appraisal system should be established. |
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