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Compensation Procedures Liaoning Province Social Assistance Fund Motor Vehicle Accidents

Posted on:2015-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:X Z TianFull Text:PDF
GTID:2296330467951855Subject:Law
Abstract/Summary:PDF Full Text Request
Vehicle Accident Social Assistance Fund was established by the State. Used torescue accident victims in motor vehicle accidents, the funds paid in advance is animportant social assistance system and which has begun to implement in somecountries or regions. As a new form of social assistance, motor vehicle accident relieffund set up social systems, to safeguard the interests of motor vehicle accidentvictims, to share the risk of traffic accidents, promote social harmony has played apositive role in promoting. However, it is regrettable social relief fund for motorvehicle accidents in China is still not widely implemented, needs furtherpopularization and improvement.Our first proposed the concept of a motor vehicle accident rescue fund system isthe “People’s Republic of China on Road Traffic Safety Law”(hereinafter referred toas the “Road Traffic Safety Law”) was promulgated, establishing from the concept tonow nearly11years. However, the situation has been part of the practice is inaddition to a small number of provinces and cities, the motor vehicle accidents andtraffic accidents victims get relief fund, most regions, including Beijing, LiaoningProvince, the Fund rescue work is not yet fully developed. Liaoning Province, whereI thought under all the efforts, in2014launched a motor vehicle accident relief fund.But in the reality of operating a motor vehicle accident rescue fund social assistanceprograms in terms of the lack of clear and specific provisions tube, resulting on theone hand most of the bailout fund surplus, on the other hand a considerable numberof motor vehicle accidents parties can not get effective relief. There is a conflictbetween the two, resulting in most of the bailout fund is still in the “sleeping” in, farfrom playing its proper function. Currently, in Faku, Liaoning Province where I wasin, the People’s Court has not accepted a lawsuit concerning motor vehicle accidentssocial assistance fund and so far has not established a local relief fund management.Important reason for this phenomenon is that legal aid fund for the compensationprogram provisions are too principles lack of maneuverability. Existing provisions for compensation to start the main program, the audit body there is no clear specificprovisions, in particular audit procedures governing body, accident victims and fundmanagers dispute settlement mechanism, rescue accident victims ways to rescue fundmanagement provisions body to monitor and fund managers and other aspects toogeneral, resulting bailout fund compensation program, there are many problems in thereal operation. This has hampered that the rescue fund should give full play to thefunction of the system and it can not effectively protect the interests of accidentsvictims. This paper intends to depart from the status of implementation of motorvehicle accidents, Liaoning Province, social assistance fund system, drawing on theprovisions of the provinces in terms of the compensation program, refer to theadvanced experience of other countries and regions, on this basis, put forward asoundLiaoning Province road vehicle traffic the whole idea of the social assistancefund accident compensation program. Explore related measures and observationsrelief fund system in order to cause concern industry colleagues, and contributed tothe implementation of the program into the compensation, motor vehicle accidents toplay the prober function of the social assistance fund.
Keywords/Search Tags:Accidents, Rescue Fund, the Compensation Program, the Program to build
PDF Full Text Request
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