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

Posted on:2016-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:X T YuFull Text:PDF
GTID:2296330464460520Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of China’s economy and society,China has in recent years become the world’s automobile production and sales double first nation,but the ensuing number of traffic accidents has increased dramatically.Accidents are frequent,to bring significant social and personal losses and damage.With the "Road Traffic Safety Law"(hereinafter referred to as "Road Exchange Act") and the promulgation and implementation of the "compulsory traffic accident liability insurance regulations"(hereinafter referred to as the "Regulations") and other laws and regulations,China’s road traffic safety situation has been greatly improved,but China is still the world’s largest number of traffic fatalities on the nation.Traffic safety remains a serious problem. Therefore,China should establish and improve our system of social assistance fund for road traffic accidents,in order to reduce casualties and damage,ease of road traffic safety hazard.Approved by the state council,the road traffic accident the tentative management measures for social relief fund(hereinafter referred to as the "trial measures") in January 1,2010 formally implemented.It come to end the rescue fund system in China could not be in accordance with the situation,provides the basis for the rescue fund system of legal basis,marked the our country road traffic accident social relief fund system preliminary established.Trial measures on settling in accordance with the relevant laws and regulations,local governments have also issued interim measures, but the current system of road traffic accident social relief fund system in the implementation of the design and operation still has many defects.Bailout fund,for example,the legal status of the not clear,the limitation of the relief object,rescue the lack of compensation limit and so on.Moreover in practice,our country has yet to establish a unified rescue fund operation mechanism,the implementation of this system caused great restraint.This article is divided into four parts, the author briefly summarized in the first part of the bailout fund system theory,the basis of system analysis and expounds the concept and legal characteristics of the rescue fund system,and emphatically introduces the function of road traffic accident social relief fund system.The second part is about the development of the social rescue fund system of road traffic accident outside mode and present situation are analyzed and a brief evaluation.The third part of the system analysis our country road traffic accident social relief fund system development present situation,in this part puts forward the problem of the rescue fund system in our country, for example,the narrow channels of funding sources,operation mode,fund applicable objects are not comprehensive and rescue funds difficult recovery,etc.The fourth part is the law of feasible countermeasures against the problems,including further bailout fund sources,establish a unified, standardized operation mode,clear advances funds limit,etc.So as to promote the development of the rescue fund system in China.
Keywords/Search Tags:Road Traffic Accidents, Relief Fund, Commonweal, Right of Recourse
PDF Full Text Request
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