On Perfection Of The Road Traffic Accident Social Rescue Fund Legal System

With the continuous improvement of the economic level, the car rapidly growing popularity asa means of transport, the busy road traffic also lead to significant increase in the probability oftraffic accidents. Many countries have established compulsory motor vehicle insurance in order toprotect the basic rights of the victims of traffic accidents,and it has played an effective role in theprotection of victims,but if the vehicle fled, or the vehicle did not participate in compulsoryinsurance, the legitimate interests of the victim may not be protected,so the social assistance fundfor road traffic becomes very necessary.The Chinese legal system of social assistance fund road traffic accidents is very primitive, andmainly in “The tentative management measures for social assistance fund for road traffic accident”.Compared with the developed abroad related system, it has many defects, such as the rank oflegislation is lower, fund management is not appropriate,and the fund supervision system is notestablished, etc. So the system has failed to give full play to its function of social assistance.Theauthor investigated the current situation of the current bailout fund system, starting from theessential nature of social assistance,and proposed an idea which is improve the legal system of roadtraffic accident social relief fund.The article is divided into four parts:The first part is the related theory analysis of the legal system of road traffic accident socialrelief fund. The author researched the contents and characteristics of social assistance, andanalyzed the function of road traffic accident social relief fund as a new social security system,atthe same time,it was compared with motor vehicle compulsory insurance system.It can provide atheoretical basis for the analysis of the legal system of road traffic accident social relief fund.The second part described the development and present situation of the legal system of road traffic accident social relief fund. It investigated the national and local developing legal system of road traffic accident social relief fund, their characteristics was summarized,then compared with the foreign related legal system. So it can give a a reference for the improvement of our country’s legal system of road traffic accident social relief fund. The third part pointed out the deficiencies of our country’s legal system of road trafficaccident social relief fund. Through the first two parts of the theoretical analysis and thecomparison of China and abroad, thus discussed the deficiencies of our country’s legal system of road traffic accident social relief fund.Part IV proposed an idea which is improve the legal system of road traffic accident social relief fund. On the basis of the discussion of the deficiencies of the regimes, combined with the theoretical research, learned from foreign experience, the proposed an idea which is conform to the actual situation in our country.