Research On The Social Relief Fund System For Road Traffic Accidents In My Country

The "Road Traffic Safety Law of the People's Republic of China" promulgated in 2003 proposed for the first time to establish a social assistance fund for road traffic accidents,which is used to advance traffic accidents where vehicles escaping,vehicles failing to participate in traffic insurance,and injured personnel's rescue costs exceed the liability limit Partial or all rescue costs for injured persons shall be determined by the State Council.It was not until 2009 that five ministries and commissions,such as the Ministry of Finance,promulgated the "Trial Measures for the Management of Road Traffic Accident Social Assistance Funds",which clearly stipulated the specific content of road traffic accident social assistance funds and required that provinces be responsible for establishing the funds.However,due to the lack of a unified national road traffic accident rescue fund law,the province 's different rescue fund management methods have resulted in different situations for the province 's road traffic accident social assistance fund systems,which have also revealed incomplete systems,low public awareness,and application procedures.Complicated,no independent legal status of recovery and so on.This paper uses Jiangsu and Henan Province rescue funds as models,draws on foreign aid systems for victims of traffic accidents,compares the achievements and shortcomings of provincial rescue funds in practice,analyzes the shortcomings of China 's road traffic accident assistance fund systems,and proposes corresponding measures.Perfect suggestions.Divide the article into four sections:Firstly,jurisprudence analysis of social assistance funds for road traffic accidents.The harm caused by road traffic accidents is huge,but the actual road traffic accident handling procedures are long and the victims 'rights protection is difficult.A social welfare system is urgently needed to advance the victims' medical expenses,resolve market failures,and realize social assistance.Secondly,analyze the problems in the practical operation of the social assistance fund for road traffic accidents in China and analyze the corresponding legal causes.In practice,it was found that because there is no independent road traffic accident social assistance fund law,and the five ministries and commissions handed over the road traffic accident social assistance fund to the provinces in the form of departmental regulations,resulting in confusion among fund management agencies in various provinces and complicated rescue procedures.The rescue scope is too narrow,and the public's knowledge is low.Thirdly,based on China's national conditions,by analyzing the current situation of the road traffic accident victim protection system in Germany,the United States,and the United Kingdom,and considering aspects such as the management mechanism and operating methods of the road traffic accident social assistance fund,the authors propose the Enlightenment.Finally,suggestions on the improvement of China's road traffic accident social assistance fund system.The content includes four aspects: improving the legal rank of the rescue fund,clarifying the rescue fund management agency,and giving the rescue fund an independent legal status;expanding the scope and scope of aid;increasing funding channels,strengthening value preservation and supervision;increasing publicity and increasing society Public awareness.