On The Perfection Of Traffic Accident In China Social Assistance Fund System

Relief of victims of road traffic accidents model has been developed from the tort damages to tort damages, compensation of compulsory insurance and road traffic accidents era of social assistance fund for the relief of the "trinity" mode. Among them, the road traffic accident as new forms of social assistance system of social assistance fund promulgated and implemented, interests in safeguarding road traffic accident victims, to share the risk of a crash, and promoting social harmony has played a positive role in promoting. However, road traffic accidents social assistance fund system in China has just started, the current situation is extremely uneven developed across the country, there are still many problems in the actual operation.This paper expounded the theory of social assistance and road traffic accidents concept of social assistance funds, the nature and legal basis of comparison of the advanced experience of foreign countries and regions, combined with Chinese specific national conditions, systematically expounded China in road traffic accidents social assistance fund systemface after the implementation of some practical problems, and the positioning of the social assistance fund from road traffic accidents, source, the scope of relief, application and supervision of the Fund and Motor Vehicle liability Compulsory insurance System and other little comments and suggestions on roadimprovement of traffic accidents social assistance fund system has been beneficial to play a practical role in practice.The full text made of four parts, the first part of the introduction of road traffic accident rescue fund the general principles of the system. That part of the writing first start from the concept of social assistance to clarify the understanding of the people on social assistance, to elaborate road traffic accident rescue fund system concepts and features, and focus on the legal basis of the social assistance fund system of road traffic accidents are introduced. The second part is a brief introduction of the world’s developed countries and regions of the United States, Canada, Germany, New Zealand, China Taiwan and Hong Kong and other advanced systems and models in the protection of victims of road traffic accidents. Systematic analysis of road traffic accidents in the third part of the bailout fund system in the presence of the real purposes of the problem, not be allowed to road traffic accidents functional orientation of the system of social assistance fund exists, limited rescue fund sources, the bailout fund bailout was too narrow and the road traffic accidents relatives of the victims has a direct claim is clear the problems and flaws. Part IV combined with the effective range of the world’s advanced mode, the system of social assistance fund from the perspective of solve the problem, focus on practice on the improvement of road traffic accidents made recommendations, including further improved motor vehicle liability insurance system, giving the private law of the Fund position appropriate to expand the scope of the relief of the rescue fund, given to the relatives of the victims claims directly, through various channels to broaden the bailout fund sources, and propose the introduction of social supervision and management mechanism to comprehensively strengthen the supervision and management of the bailout fund run.