| To identify the responsibility of a traffic is to bring traffic accident to trial, and which is the necessary truth identification in the traffic accident civil dispute law case, is the important basis of criminal or civil responsibility that the traffic accident troublemaker should bear to insure the scientificalness and rationality in the identification of traffic accident responsibility is a very important guarantee to realize impartial in criminal and civil cases relating traffic accident. The basis of identifying traffic accident responsibility done by the court in the process hearing a case, according to the traffic accident responsibility is: the turth what traffic accident identification book says, and the identification of accident responsibility identification book and the evidence offered by the interested party. Accident identification done by the public serurity organs is administrative identification, while the accident responsibility identification done by the court in the process hearing a case is judiciary identification. The two kinds of responsibility identification have their own characteristic respectively in porcedure, way, principle and effect. To research the characteristic of the two kinds of responsibility identification, make them combine organically and learning form each other, build a scientfic identification system, letting the difference in the current accident responsibility system go amay, insury the impartial right come ture really, has kind of significance in reality. The author's resarch conclusion is: the administrative and judiciary identification of traffic accident responsibility in china is not comprehensive; the regulate of procedure, basis, responsibility sharing principle, character and effect of administrative identification is not concrete ;the difference between the judiciary identification and administrative identification is not clear, looking forward to getting better. |
