The Study On Operating Mechanism Of Road Traffic Accident Social Assistance Fund

Road traffic accident social assistance fund system, which is a new system of our country, is in order to strengthen the protection of traffic accident victims rights and interests and fill the hole of the compulsory liability insurance system. Study on the road traffic accident social assistance fund, would help to promote the traffic accident victims protection system with improvement in our country. This article starts from the basic situation of the road traffic accident social assistance fund, using source of funds, management, compensation and recovery as clues, to find out the existing problems and put forward the perfect proposal.Firstly the article expounds the present status of the road traffic accident social assistance fund, including implementation situation by Shenzhen, Xiamen, Jiangxi, Jiangsu and Shanghai; and makes a brief comparison with British, Germany, Japan and our Taiwan province on related systems; and discusses respectively its relationship between motor traffic accident liability compulsory insurance and social assistance, pointing out that the relationship between the fund and compulsory liability insurance has closely linked, both priority to compulsory liability insurance and auxiliary to fund to achieve goals of protecting traffic accident victims. The road traffic accident social assistance fund and social assistance are specious. The fund is the name of social assistance, actually taking responsibility of social emergency.The source of capital of the road traffic accident social assistance fund has adopted the fund-raising mode as priority to extracting money from the traffic compulsory liability insurance premiums and other sources for additional. The supervision, management and operation of the fund., which are perfected systems in foreign, have different rules in our country. The fund management of Jiangsu mode entrusting to the insurance company to deal with business obtain remarkable achievements, in accordance with common international practices.The road traffic accident social assistance fund has a compensation mechanism to rescue the victims, including compensation object, scope, condition, limit and procedures, etc., and there has a recovery mechanism after compensating the victims, involved the recovery subject, the recovery object and the recovery ways.The road traffic accident social assistance fund in our country has been established several years, still existing some problems, including the limited capital source, unclear legal status of management institution, unconspicuous compensation business effect and little money recovery, etc. Finally the author puts forward his own thinking aimed how to perfect the source of funds, management, compensation and recovery of the road traffic accident social assistance fund in our country.