The Research Of Legal Issues Of Road Traffic Accidents Social Assistance Fund

Road Traffic Accidents Social Assistance Fund(hereinafter referred to as “Assistance Fund”),which belongs to the “Three-elements Assistance System” for road traffic accidents,is supplementary for the Compulsory Insurance against Traffic Accidents of Vehicles,this social Assistance Fund is important and necessary for the accident victims to obtain the right to relief.The Assistance Fund has been established for about just five years in China and cannot protect the accident victims well due to the fact that there are a lot of problems including,but not limited to,the inconsistencies between laws and regulations,the ambiguity for the provisions and the weak enforcement of law.Suggestions and solutions were made in this paper to solve these problems abovementioned using the method of comparative study.There are four parts composing of this paper:Part ?is an introduction of the Road Traffic Accidents Social Assistance Fund,the concept,legal status and function are mainly included.In part ?,the legal systems and execution of laws are described,and the defects and problems existing in the Assistance Fund systems are pointed out.Part ? is an overview of the Assistance Fund in the England,America,Japan and Taiwan,whose Assistance Fund has been setup for long and can be reference for China mainland.Part ? is proposing my idea of how to improve and perfect the legal system of Assistance Fund,it is the key part of this paper and the suggestions,which are based on the legal theory and experiences from other countries and regions as well as China`s situation,including the general legislation advices and specific improvements for the scope of accident victims,conditions,covering of damages and losses for the Assistance Fund,etc.