Research Regarding Legal Issues In Implementation Of Social Assistance Fund For Road Traffic Accidents

The social assistance fund for road traffic accidents is a special fund that is raised by law and applied to the advance payment covering the funeral expenses, some or all of the rescue costs for those victims of motor vehicles who have perished or been injured. The social assistance fund for road traffic accidents has three main characteristics, which are sociality, complementarity and compensatory. In practice, this system also assists to solve the actual problems and difficulties faced by those in need of help, thus realising the people-oriented principle. Moreover, it is an imperative supplement to the current social security system to maintain social stability.Considering its great aid to the injured and protection supplied to the victims from cross territorial road traffic accidents, this fund is gradually put into more implementation in respect to the actual situations of the region. In recent years, with the rising application of the social assistance fund for traffic accident, the legal profession starts to give its concern and focus on the legal issues relating with this fund. The root cause is that the application of this social assistance fund has been relatively short, thus still with some deficiencies. In particular, there are three bottlenecks with room for improvement,which are the claim for advance payment of this social assistance fund, the regulations regarding recovery of the fund, and the dispute solution system. This research has offered three possible solutions specifically for these three bottlenecks existing in current implementation of the social assistance fund for traffic accident by analysing the root causes so that it provides a valuable and solid foundation to apply and manage the fund with reasonability, equality, fairness, and standardisation.