The subjectivity of law: 1. Who will recover the Road Traffic Accident Safety Law implemented on May 1 2004 after the road traffic social assistance fund is advanced? If the rescue expenses exceed the liability limit for the first time, and they do not participate in compulsory motor vehicle third-party liability insurance or escape after the accident, the social relief fund for road traffic accidents shall advance part or all of the rescue expenses, and the social relief fund management institution for road traffic accidents shall have the right to recover from the person responsible for the traffic accident. The Regulations on Compulsory Liability Insurance for Motor Vehicle Traffic Accidents, which came into effect on July 1 2006, also defined the advance scope, sources of funds and the formulation department of management measures of relief funds. From June 5438 to 10, 2009, with the approval of the State Council, the Ministry of Finance, the China Insurance Regulatory Commission, the Ministry of Public Security, the Ministry of Health and the Ministry of Agriculture jointly issued the Trial Measures for the Management of Social Assistance Funds for Road Traffic Accidents (Order No.56). The Measures stipulate that the people's governments at the provincial level shall set up relief funds, and the local financial departments shall be responsible for guiding and supervising the collection, use and management of relief funds at the same level. The management system of social assistance fund for road traffic accidents is a supplement to the compulsory insurance system for motor vehicle traffic accidents and a new social security system. The purpose is to ensure that the victims of road traffic accidents can get timely assistance or appropriate compensation through the assistance of the assistance fund when they cannot get compensation according to the compulsory insurance system and the infringer. It fully embodies the concern and help of the state and society for the safety and health of citizens. Two. The compensation scope of the relief fund is stipulated in the Administrative Measures: under any of the following circumstances, the funeral expenses and part or all of the rescue expenses of the victims of road traffic accidents shall be paid by the relief fund in advance, and the relief fund management institution has the right to recover from the person responsible for road traffic accidents: (1) The rescue expenses exceed the compulsory insurance liability limit; (two) the motor vehicle did not participate in compulsory insurance; (3) A motor vehicle escapes after an accident; (four) other circumstances that need assistance, including the inability of the responsible person in traffic accident compensation to compensate, which causes difficulties for the victim's family and really needs assistance. If a traffic accident victim needs a relief fund to pay part or all of the relief expenses, the traffic administrative department of the public security organ shall notify the relief fund manager in writing within three working days, and the traffic accident victim or his close relatives shall submit a relief application to the relief fund manager's acceptance outlet at the place where the accident occurred in time with relevant supporting materials. If the identity of the victim cannot be determined or the victim and his close relatives cannot apply for assistance, and the medical institution or funeral institution has paid the medical rescue expenses or the funeral expenses for death, the medical institution or funeral institution may apply for assistance on its behalf. After receiving the application and related materials, the relief fund manager shall, within five working days, review the application according to the relevant provisions of these Measures, the guidelines for clinical diagnosis and treatment of road traffic accident victims and the charging standards formulated by the local price department. In line with the first payment or relief conditions, the relief fund manager will transfer the relevant expenses to the account of the medical funeral institution. Do not meet the conditions for advance payment or assistance, not to advance assistance, and explain the reasons to the applicant. Three. Sources of road relief funds According to the Administrative Measures, the sources of relief funds include: 1. The social assistance fund for road traffic accidents is drawn from the motor vehicle third-party liability compulsory insurance premium charged by insurance companies according to the proportion stipulated by the state (usually 1-5%). Article 98 of the Road Traffic Safety Law stipulates that if the owner or manager of a motor vehicle fails to take out compulsory motor vehicle third-party liability insurance in accordance with state regulations, the traffic administrative department of the public security organ shall detain the vehicle until it is insured in accordance with the regulations, and impose a fine of twice the insurance premium payable in accordance with the regulations. All the fines paid are included in the social assistance fund for road traffic accidents. 3, other sources, such as motor vehicles to pay the rescue fund fees, donations, etc. The fund is mainly used to help victims whose expenses exceed the liability of insurance companies, who have not participated in compulsory motor vehicle third-party liability insurance or have escaped after an accident.