交通事故社会救助基金立法的若干问题

今年初国务院法制办发布《机动车第三者责任强制保险条例(草案)》,向社会公开征求意见。该草案用四个条文规定了交通事故社会救助基金,但这些规定的立法科学性尚需斟酌,并且许多重要问题未作规定。应就基金的性质、法律地位、运行模式、来源、补偿、代位追偿及竞合关系处理等问题,系统、科学地进行立法。

Some Problems in the Legislature on the Social Rescuing Foundation for Traffic Accidents

In January of 2005, Office of Legal System in the State Council has issued "Regulation on the Obligatory Insurance of the Third Person for Motor-driven Vehicles (draft)", and elicited comments from the public. There are four clauses that have specified the foundation of social rescuing for the traffic accidents, but the scientific nature of legislature for these specifications still needs to be assessed, and in fact a lot of key issues are not yet defined in such a document. For the purpose of keeping a steady implementation of the social rescuing foundation for traffic accidents, and of fully playing a function of protecting the victims of traffic accidents, a systematic and scientific legislature is required to cope with the problems such as nature, legal condition, implementing pattern, source, remedy, supplementary repaying, and concurrent relation of the foundation.