On The Improvement Of The Social Rescue Fund System For Road Traffic Accidents In China

Road traffic accidents occur frequently, seriously affect the social stability and economic development. Compulsory traffic accident liability insurance is the main way to get relief to the victims of traffic accidents, but when the rescue appeared to pay high insurance costs exceed the amount of limited liability, uninsured motor vehicle accident to pay high insurance, or the perpetrators escape the situation, the victim’s legal interests can not be protected. Based on this, road traffic accidents social assistance fund came into being. Purpose of the Fund aims to combine strong insurance system, and build a comprehensive social assistance system of road accident victims. When a vacancy occurs to pay high insurance system, road traffic accidents rose to the core of the social assistance fund to protect the interests of victims. However, the current design and operation of the system of social funds accidents in the course of the protection of legitimate rights and interests of victims, there are still many flaws, needs improvement.In this paper, our system of social assistance funds for road traffic accidents for the study, summarized and analyzed by the Fund regime defects, study reference countries and regions outside portion of the road accident fund social assistance system, explore its corresponding Solutions.In this paper, in addition to the introduction and conclusion, the main content is divided into four parts:Part Ⅰ:Overview of social assistance funds for road traffic accidents. This section describes the road traffic accident rescue fund basic social meaning, background, basic functions, and discuss the fund with the compulsory traffic accident liability insurance relationships.Part Ⅱ:Status of road traffic accidents and defects in the system of social relief fund. This section begins with a brief carding status quo system of road accident rescue fund, and then generalize and analyze defects unite its existence from the system level, such as low-level legislative effect, bailout fund management and supervision mechanism is not clearly established; single source of funds, yet form a stable raising channels; poor social assistance fund operations.Part Ⅲ:major national and regional road traffic accidents investigated the social assistance fund system. This section focuses on the United States, Germany, Japan and other countries as well as China’s Hong Kong-related systems, and summarizes its owned learn from our country can be based on this.Part Ⅳ:Improvement of road accident countermeasures social relief fund system. This section of road traffic accidents for social assistance funds defects, combined with China’s specific national conditions, the corresponding Solutions. These include: improving the legislative rank, clear relief fund management oversight bodies expand the sources of funds and ensure a stable funding source; advance funds to set uniform ceiling; perfect relief matters; give funds directly to the victims and their relatives, claims, etc. and so on.