Study On The Nature Of Traffic Accident Identification And The Corresponding Relief Way

According to the "Law of the People's Republic of China on Road Traffic Safety ", when the accident occurred, traffic management departments of public security organs should identified the accident promptly, also deal with the accident correspondingly. As important terms of behavior in the course of accident dealing made by traffic management departments of the public security organs, traffic accident identification made very important impact on administrative responsibility, civil and criminal liability identification related to the accident. Although traffic accident identification was defined as the evidence in dealing with traffic accidents made by "Law of the People's Republic of China on Road Traffic Safety" and the Standing Committee of the National People's Congress legislation explained Orientation, a long period of time, differences in academics existed on opinion of traffic accident identification nature and relief accordingly. And it also brought the controversy of judging the Administrative Litigation in Judicial Practice. From the actual effect, identification only as a court of traffic accidents in the evidence was not good to protect the legitimate rights and interests of the effect of traffic accidents. This doesn't clearly act in response to original intention of identifying traffic accident as justice and the accident evidence. So this paper will be linked to the theory of China's Administrative Procedure Law, Administrative Law and the relevant administrative theory determined to clarify the nature of the accident to seek an effective solution to subside the controversy in traffic accident identification opinions, also finds Relief way to protect the legitimate rights and interests of the client traffic. This paper is divided into four chapters: Chapter I Introduction; Chapter II Analysis of the Traffic Accident 's nature; Chapter HI: the Raws of the current system of traffic accident identification and relief ways; Chapter IV: Further research of traffic accident identification and relief ways.In the Law of the People's Republic of China on Road Traffic Safety enacted in 2003, the definition of the responsibility in traffic accidents was placed by traffic accident responsibility identification. The relative concept just as traffic accident, traffic accident responsibility, legal liability and traffic accident identification was clearly identified in this law. Also traffic accident responsibility identification and traffic accident responsibility identification were compared, differed and concluded in this law. Meanwhile, differences between traffic accident identification and legal liability were the basis of research on nature of traffic accident identification and the follow-up relief system. Therefore, in the first chapter of this paper, two accident cases were written as focal point. Besides, the analysis of several groups concepts linked to, the concept clarification of Traffic Accident, the summary of its features were written as the foundation of analysis of the nature of accidents and Relief system research.How to identify the nature of the traffic Accident identification, is a prerequisite determined to further explore how to improve the traffic Accident identification system and seeking appropriate relief means. In the second chapter, the author uses comprehensive research means to compare several academic mainstream opinions on the nature of traffic accident identification pointed out the fallacy between all kinds of viewpoints. Furthermore, the author aggregated the characteristics of the traffic accident, posed up one conception that the traffic accident identification is an administrative investigation, belonging to the administrative factual action.Clarification of all concepts and analysis of the nature are determined to perfect traffic accident procedures and the corresponding relief ways based on a full and comprehensive understanding of traffic accident identification. In the next two chapters, therefore, it is Firstly to be made a depth analysis in Chapter III that current traffic accident identification system exists its own defects and relief also has the flaws. Furthermore, In the fourth chapter, The author posed up the propose measures to improve traffic accident identification procedures and the relief measures accordingly, concluded the relief ways for protecting the parties 's the legitimate rights and interests when infringement happened. Of which includes re-establishes procedures to be restored, increased the hearing procedures in the course of traffic accident identification, and allowed the parties to make administrative lawsuits grounds to violation of their legitimate rights and interests in the traffic accident identification and so on.