| Our country national economy the rapid development, social progress, people’s living standard has been greatly improved. The inventory number of motor vehicles in China increased rapidly; it has become an indispensable means of transport of contemporary people. But the vehicle for people to provide a great convenience at the same time, it also brings the unpredictable risk, traffic accidents caused by the individual and society to grow with each passing day, has brought great harm and loss. In order to safeguard the traffic accident victims of fundamental interests, the establishment of a fair and reasonable traffic accident damage compensation mechanism, setting of road traffic accident social rescue fund, is the embodiment of harmonious society contradiction, legal, human governing the significant move.The social assistance fund for road traffic accidents is established by the state according to law, the implementation of relief in the statutory circumstances, in accordance with the statutory standards and procedures, to the victim pay some or all of the rescue costs and casualties funeral expenses, to ensure a timely rescue funds activities, treating the injured solution of the victim’s family difficulties and advance the. Fund system is established to ensure that all road traffic accident victims, perpetrators of the insured in the end of motor vehicle traffic accident liability compulsory insurance or hit and run case, still can obtain legal basic guarantee.The legal system of social rescue fund for road traffic accidents has initially formed in 2010. In recent years, with the number of applicable case on the problem of road traffic accident social rescue fund the rising trend, the legal issues related to road traffic accident social rescue fund related is becoming a focus of attention of the law circle. Investigate its reason; because the relief fund system as a new thing running time is short, there are all kinds of defects. Especially in the relief fund management institution, relief fund sources, relief situation three aspects such as the imperfect. This paper starts from the three aspects, to absorb the advanced experience of foreign developed countries, combined with China’s national conditions and the concrete system of the legal system, to our country present road traffic accident social relief fund system analysis. Analysis of these three defects existing in the current social assistance fund for road traffic accidents in China, based on analyzing the reason of its generation, puts forward the solving measures targeted, in order to construct the road traffic accident social relief fund system is reasonable and effective, fair and standard operation and provide valuable. |
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