On The Improvement Of The Rescue Mechanism Of Traffic Accident In China Social Rescue Fund

Motor vehicles,as means of transportation,brought us a great convenience,at the same time,also led to a non-negligible traffic accident,which have brought a huge blow to personal safety and family happiness,but also brought a negative impact to the economic development and social harmony.In order to strengthen the protection of the rights and interests of victims of traffic accidents,China has promulgated a series of laws and regulations,and constructed a ternary relief system which includes tort liability and compulsory insurance and the rescue fund for the relief of the victims of traffic accidents.Among them,the rescue fund is the last barrier to protect the rights and interests of the victims,it is a safeguard measure to make up for the loss of tort compensation and compulsory insurance claims.China has initially established a road traffic accident social rescue fund system,however,there are still a lot of imperfections which not only reflect the nature social assistance of the rescue fund,but neither not make up for the inadequacy of the compulsory insurance system,The full play of the function of the rescue fund has been seriously hampered.The first part of this article stars from the rescue fund,motor vehicles,traffic accidents,insurance and other basic theory problems,specifically analyzed the relation and distinction between the rescue fund system and compulsory insurance system,emphatically summarized the nature,function and characteristics of the rescue fund.The second part introduces the current laws and regulations of the rescue fund in China,analyzes the provisions of relevant key laws and regulations about rescue fund regulation,analyzes the shortcomings of the these regulations.At the same time,detailed analyses the present situation of our country's rescue fund operation,and problems existing in the capital recovery about the system operation,organization,raising channels,capital operation,relief scope,the payment procedures,etc.The third part from the standpoint of practice and problem solving makes some Suggestions to solve the problem of the rescue fund system perfect,including further perfect the rescue fund in legislation at the central and local levels,reconstruct the organizational system financing system,rescue system and recovery system of the rescue fund.This article,generalizes and compares the deficiencies in the legal regulations and operation mechanism of China's rescue fund,hopes to provide some ideas and inspiration for optimizing the efficiency of the current rescue fund,and better play the safeguard function of the rescue fund.