The Research Of Actionability Of The Identified Of The Traffic Accident

Today, the traffic accident has become a human abnormal death is one of the important factors, traffic accidents to the nation and the people not only caused severe losses, give many families bring pain and misery, still affect social stability, destroy the normal traffic hindered, transportation, which affects the development of the national economy. Therefore, how to properly handle the traffic accidents has become the hot issues in the club. Because it is not only related to deal with authority business level problem, but more as its about the continuing liability accident both sides. And in the responsibility, traffic accident into the important role that can be revealed.The National People's Congress about traffic accident liability FaGongWei that behavior whether to belong to a specific administrative act, the administrative litigation can into the scope of accepting cases in the opinion of traffic accident liability specify that that behavior is not a specific administrative act, the administrative litigation, not only as a way to deal with traffic accident case evidence used. The author will at the nature of paper for the traffic accident, it is concluded that make a concrete analysis with the opposite conclusion, namely, belongs to the specific administrative act of (detailed speech, belong to the specific administrative act of administrative confirm behavior). To be included in the scope of the administrative lawsuits to get effective judicial relief.This paper will be divided into three parts, the first part, the author analyzes the traffic accident and traffic accidents recognition of the basic concept and characteristics, and comparison of the two countries, beauty, the definition of traffic accidents, sums up the definition of about traffic accidents in China and its characteristics.In the second part of traffic accident can accusing sex that detailed argumentation, through the proof of traffic accidents that behavior is a specific administrative act is a specific administrative act, and the administrative confirm behavior and administrative survey behavior. The article quotes "quasi-administrative act" this concept, specify traffic accident that behavior though no directly produce legal effect, but the actual effect of relative person produce of accepting cases of administrative litigation, conform to the standard.Finally in the third part puts forward related proposals for reform and related relief system building. In short, the author argues that the disaffected traffic accident that activity into the scope of accepting cases of administrative litigation, in order to ensure the administrative relative person's legitimate rights and interests.