Research On Compensation And Recovery System Of The Social Assistance Fund For Road Traffic Accidents

The Tort Liability Law and The Motor Vehicle Traffic Accident Liability Insurance Regulations have played a major role in protecting the rights and interests of traffic accident victims and safeguarding the public interest.However,due to the inherent defects of the system,the benefits of some traffic accident victims cannot be guaranteed equal,effective and timely.In order to make up for legal loophole in the above-mentioned system,many countries have established assistance fund systems in the field of transportation to protect the interests of traffic accident victims.In 2011,China officially established the Social Assistance Fund for Road Traffic Accidents to comprehensively protecting traffic accident victims.However,it is counterproductive that China's Social Assistance Fund for Road Traffic Accidents has many problems at this stage,such as the inconsistency of the provincial systems,the unreasonable compensation range and compensation amount,the difficulty of recovery.Thus,based on the value of law,the idea of welfare state and human rights,we use the method of comparative research to analyze the rationality of the extraterritorial rescue fund,and propose to establish a national assistance fund management system directly under the central government,to identify ten major compensation cases,to clarify the scope of the victim,to protect the personal rights of traffic accident victims and their families,to clear jurisdiction of the court about recourse right and rationalize the exercise of recourse right and so on.By all the above measures,to solve these problems mentioned.