On The Actionability Of Recognition In Traffic Accident

With the implement of Road Traffic Safety Law on May 1, 2004, China's road traffic daministrative law becomes mature and it also turns a new leaf in the history of dealing with traffic accidents. The Safety Law entrusts the recognition of traffic accidents to the Vehicle Supervision Department of Public Safety, which is the evidence of responsibility in traffic accidents. In China's juridical practice, the party of traffic accidents can't apply for administrative reexamination or institute legal proceedings even if he disagrees with the recognition of traffic accidents, which severely affects the administrative remedy to the party's recognition of traffic accidents.As to such disputes on the actionability of recognition in traffic accidents in theoretical circles, this paper analyzes its nature first, and it conducts that it's the duty for the Vehicle Supervision Department of Public Safety to administrate the recognition of traffic accidents. Then the author explores the actionability of recognition in traffic accidents, at last it puts forwards many ways to solve the flaws of current situations. It is divided into four parts: The first part briefly introduces somen relevant definitons and the legal nature of recognition of traffic accidents; the second part analyzes many obstacles of recognition in traffic accidents; the third part deals with the basis of bringing the recognition into judicial review; the fourth parts puts forward many ways to remedy the defects of current situations in judicial practice.