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Study on Legal Issues of Social Assistance Funds for Victims in Road Traffic Accident

Author: HeYanXia
Tutor: ZhengChunYu；GuWeiDong
School: Inner Mongolia University
Course: Legal
Keywords: Road traffic accident road traffic accident victims assistance fund for community
CLC: D922.14
Type: Master's thesis
Year: 2011
Downloads: 98
Quote: 0
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Abstract


Since the Germans developed the first of a motor vehicle, human beings from the "carriage era" into the "car era" cars to bring great convenience, but also gave rise to many problems. Outstanding performance in the motor vehicle use, maintenance and management process for road traffic accidents caused by people brought to life, property damage. Frequently broke from the number of traffic accidents, deaths, and number of casualty, direct economic losses can be described as shocking, road traffic accidents often occur, more and more people are involved, as victims of road traffic accidents. Now rescue the victims of road traffic accidents have become a significant social problem. At present, China "Road Traffic Safety Law" and its implementing regulations, "Social Assistance Fund, road traffic management pilot scheme" and other laws and regulations of road traffic accident victims may get relief in three ways, but the specific system structure and system of systems also the interests of existing loopholes in the protection of victims, especially the accident social relief fund system design, resulting in specific cases the interests of victims of road traffic accidents still can not be protected. Based on the analysis of road traffic accident victims assistance fund social status, compared to victims of road traffic accidents abroad, the social assistance fund legislative situation, drawing on their experience, combined with the specific legal system of China and financial strength of other factors, mainly of the social assistance fund This assistance means the shortcomings in the practice, which has the practical operation of the proposals put forward, including the legal status of social assistance funds, organizations, for compensation, compensation scope, compensation amount, the request for exercise of the right relief fund, relief Fund Tort recovery exercise of the right people and so on. Improvement of Traffic Accident Victims Assistance in the legislation to help make up for traffic accident victims assistance system in the framework of triple vulnerabilities, so as to construct the social security system of relief and tort liability, liability insurance or no-fault insurance system coordination mechanisms. This article is divided into four parts:PartⅠ:road traffic accidents in China need of social assistance fundsThe part of road traffic accidents in recent years through the examples in the Ordos certain circumstances the victim’s rescue difficult situation, and found ways to help social assistance fund that in practice the lack of maneuverability, so that these rights of the victims can not be effective protection to deal with this dilemma is not only impede the work of traffic accidents, and a great threat to life and health and safety of vulnerable groups.PartⅡ:Social Assistance Fund of road traffic accidents and enforcement of legislation AnalysisThis section describes the victims of road traffic accidents in China Three ways to help, and the specific circumstances provided for by law-means social assistance fund for assistance in specific shortcomings in law enforcement to do the major explained.PartⅢ:social assistance funds for road traffic accident abroad, the legislative and ReferenceThis section introduces some Western countries focused on road traffic accident victim assistance legislation and best practices.PartⅣ:social assistance funds for road traffic accidents in China’s Legislation and practical operational level recommendationsBy comparing the requirements of other countries, combined with China’s actual situation of China-specific road traffic legislation of Social Assistance Fund operational level sound and practical advice.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Public Security Management Act
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