Study On Chinese System Of Social Salvation Fund In Road Traffic Accident

Coming into force in September,2009,"The Trial Measures for the Administration of Social Salvation(hereinafter S.S.) Fund in Road Traffic Accident"(hereinafter Measures), which is a necessary adjunct to the Article17of "The Law of The People’s Republic of China on Road Traffic Safety", contains clear-cut provisions on collecting, advancing, managing the funds and relevant legal liability.This Measures obviously plays an important and irreplaceable role in the traffic accident processes, however, the weaknesses of which was gradually exposed in practice.Based on the analysis of the basic concept, law character and social fuction of S.S. fund and the current research at home and abroad, this paper is devoted to get to the root of institutional problems and then to put forward suggestions and coutermeasures adopted to the changed conditions.This paper is devided into four chapters:The opening chapter gives a general overview of the system of the S.S. fund in road traffic accidents, including the exposition of concept, feature, function, neccesity and the internal relation with the traffic compulsory insurrance.The second chapter analyzes the current legislation and existing problems of the system of the S.S. fund in road traffic accident. Integrated with the legislation status, the writer summarizes the inadequate adaptions concretely as follows:narrow and unstable source of fund, missing provisions of limits of liability, unclear application of rescue, incomplete objects and difficult process of recovery, unendued advances claim of victims of traffic accident, lack of unity between department design and management organization, single operating mode and uncertain professional terms.The third chapter introduces the legistion status and referencial merits of that system in abroad. By analyzing in all respects, like fund application, management operating, applicable case, limit control and so on, a conclusion could be drawn that we can learn a lot from the excellent systems of other countries.The fourth chapter puts forward suggestions and counterments for improvement of the system. Mainly on the basis of foreign legislation, in close connection with China’s actual situation, the writer brings forward specific recommendations and measures as to regulate the current management and operation mode of the fund, to broaden source of rescue fund, to optimize and refine the procedures, to define the maximum amount of funds clearly, to establish a fund recovery mechanism, and to define the relevant professional terms.