Studies On Road Traffic Accident Police Reports

The current Road Traffic Security Act of the People's Republic of China states that the Road Traffic Accident Police Reports is in the function of evidence in the Civil Process. But not only doesn't this definite and obliged provision subside the long-term disputes on the legal nature of the Road Traffic Accident Police Reports, but also the Court still decides mostly the civil compensation liability only depending on the determination of the liability partition which is expressed in the Road Traffic Accident Police Reports during hearing the civil case. As a result, The Road Traffic Accident Police Reports have greatly exceeded the function of evidence during the civil process and turned into a Before-hand Judgment. The deeply cause of this abnormal phenomena is that the Road Traffic Management Administration of Public Security Department (RTMA) has already carried out the duties which are due to be fulfilled by the Court during making the Road Traffic Accident Police Reports on deciding the parties liability based on analyzing how many functions and faults made by the parties to the road traffic accident.In this case, how can we make the Road Traffic Accident Police Reports to be genuine evidence and be in the proper function of Conclusions of Expert Evaluations in the civil process? In my point of view, the Road Traffic Accident Police Reports can only be genuine evidence under the condition of eliminating the duty in partition civil liability and standardizing institutionally the process of making the Reports in order to return the Road Traffic Accident Police Reports to its objective nature which is accord with the fundamental character of the Conclusions of Expert Evaluations. Thus, we should amend the current Road Traffic Security Act, changing the name of the Road Traffic Accident Police Reports to Road Traffic Accident Expert Evaluations. In this kind of Expert Evaluations, the RTMA describes nothing but how and why the accident happened. Under this situation, The Expert Evaluations can be eventually in the function of evidence as the Conclusions of Expert Evaluations.