Road Traffic Accident Social Relief Fund System Research In China

May1,2004, China formally implemented the "People’s Republic of China on RoadTraffic Safety Law" stipulates that the motor vehicle compulsory insurance system,provides a strong guarantee for the timely rescue of the accident victims. However, in thecase of motor vehicle uninsured and run driver, traffic accident victims are still not timelyrescued. So the state have setted a social salvation fund in road traffic accident while theestablishment of compulsory motor vehicle liability insurance. The fund will advance all orpart of the rescue costs, funeral expenses if the vehicle was uninsured or hit-and-run.Thenthe Social assistance fund resourse to the obligor. As a supplement for the compulsorytraffic insurance,the fund has a very important practical significance in timely relief fortraffic accident victims. The"compulsory traffic accident liability insurance regulations”published by the State Council in2006have roughly ruled the sources and operation of thesocial assistance fund. Special legislation to the relief fund had not yet been introduced.Not until the publishment of the Road traffic accidents Social Assistance FundManagement Trial Measures introduced on September10,2009, the management andrunning of the social assistance fund of road accidents have a special legal basis. Then allparts of the country began to establish a relief fund system. But as a new thing, the rescuefund have something to improve in management organization, raising funds as well as theuse of it. Therefore, combined with the experience of developed countries, the analysis ofsome of the problems that exist in the existing fund system and improve the set of the fundhas a very important practical significance.Using comparative analysis and empirical analysis, this paper analysised theinstitutional settings, fund raising and running of China’s social assistance fund. It alsothrowed out some suggestion for the fund construction, borrowing from therecommendations of developed countries and combining with China’s actualconditions,hoping to contribute a meager strength to the development of the fund.