A Study On Liability Affirmation Of Traffic Accident

Any legal institution or legal norm has its historical background of emergency and its limitation. Although the laws and regulations such as Law of the Peoples Republic of China on Road Traffic Safety has given explicit provision on the nature of liability affirmation, it still has different understanding about the safety principle as a result of various reason, which will inevitably cause different liability affirmation result on the same kind of traffic accident. This case not only cannot guarantee the litigant's fair, justified legitimate rights, but also lose the scientific nature and solemnity of the law. In practice, the liability affirmation of traffic accident still has some problems. The author thought that it is necessary to discuss the liability affirmation of traffic accident. From the nationwide range, it is extremely urgent to introduce a more suitable, reasonable, feasible rule for the liability affirmation of traffic accident.The purpose of this thesis lies in certain problems concerning research of the liability affirmation of traffic accident, and summarizes concerned scholar's viewpoint, proposes practice operation in the liability affirmation of traffic accident, the surveillance relief way, several kinds of common traffic accident's liability affirmation so as to give some references for everybody. with the purpose of making clear of problems and eliminating misunderstanding through discussion, try to promote the citizen's understanding in the liability affirmation of traffic accident, prevent driver's traffic offense behavior, reduces the harm to nowadays society brought by traffic accident, guide the citizen to exercise the right legally, and fulfill their duty.The thesis is divided into four parts, the abstract is as follows:In the first part, elaborate a general introduction to the liability affirmation of traffic accident in detail, point out the liability affirmation of traffic accident is the most core issue in dealing with road traffic accident, also is the most concerned matter for the accident litigant. Therefore, distinguishing clearly about the liability of accident is the important basis to affirm the traffic accident crime. The traffic accident liability refers to the traffic administration section of the public security organ, after verifying the reason of traffic accident, and according to the law, regulation and rules of the road traffic safety control, analyze the role the litigant play in the traffic accident as well as the degree of its mistake, with this foundation, obtain qualitative, quantitative conclusion. The main body of the liability affirmation of traffic accident is specific, and has certain legal consequences, but does not have the Justifiability feature. The liability affirmation of traffic accident is based on comprehensive analysis of multiple traffic accident facts in processing the accidents by the traffic dealing personnel, which is a technical analysis conclusion inseparably connected with the traffic accident legal liability. It is essentially a kind of special form of evidence with appraisal nature. In practice, the affirmation organ of traffic accident liability is the Public Security Traffic Control Section. In present stage of our country, the liability of traffic accident is affirmed by the People's court, which is adverse to timely solution of the social contradiction, waste the limited lawsuit resources. The traffic accident liability and the legal liability correlate with each other but also have the difference. The difference displays in the undertaking main body, the restriction of national compelling force, the influence on rights and obligations, and the classification. The correlation displays in the traffic accident liability is the premise and basis for investigating the litigant's legal liability; the legal liability is the primary purpose which the traffic accident liability must achieve. As for the classification of traffic accident liability and traffic accident legal liability, we can see that in the traffic accident, there are three kinds of liability, namely civil compensation liability, the administrative liability and the criminal liability. The traffic accident liability is divided into the full liability, the primary liability, the secondary liability, the same level liability and irresponsibility.In the second part, elaborate the existing problems of liability affirmation of traffic accident in detail. Although the Law of the Peoples Republic of China on Road Traffic Safety has made huge reform in the procedure and principle concerning traffic accident liability affirmation, the related explanation and mechanism haven't been introduced, causing some problems in actual operation while affirming the liability. The problems of affirmation letter of traffic accident in judicial practice, mainly displays in the aspects of the objectivity and the fairness of affirmation letter of traffic accident received question, the Court authority expansion in the affirmation letter of traffic accident, the court recognize the letter's affirmation liability proportion equal to that of the court civil judgment. The fault of law nature in the affirmation letter of traffic accident, manifests in the liability affirmation letter of traffic accident lacks the regulation of the relief way and so on; The unbalanced problem in affirming traffic accident's liability, manifests in the unbalance of traffic accident liability between the vehicle and the non-motor vehicle, between pedestrians, adopt the way of rising liability gradation to the trouble causing litigant, which render the unbalance of liability affirmation, deficiency of related evidence, hard to collect, and thus cause the unbalance of liability affirmation and so on; The problem of application dislocation of presumed liability in traffic accident manifests in using presumed liability in the traffic accident crime, as one of the standards of crime and non-crime, which indicates application dislocation. There is contradictory between presumed liability and the objective aspect of crime in the crime constitution important case of the traffic accident crime, contradictory between presumed liability and Legality, contradictory between presumed liability and evidence Attributes,and contradictory between presumed liability and to deem a suspected crime as non-crime principle in the Criminal Law.In the third part, elaborate the reflection of consummating the liability affirmation of traffic accident in detail. Discuss the countermeasure to existing problems in the liability affirmation of traffic accident. In view of current problems, discuss the measures of solving problems in judicial practice concerning the affirmation letter of traffic accident. The basic facts of traffic accident should be taken as body-content of the affirmation letter of traffic accident. And the efficacy of affirmation letter in the trial practice should be equal to expert advice. When People's court dealing with traffic accident compensation case, it may invite expert in the aspect of traffic accident in court to testify. It is necessary to clarify the evidence attribute of the affirmation letter of traffic accident in judicial practice; discuss the countermeasures to the unbalanced problem in affirming liability. To affirm according to the strict liability and the non-mistaken liability, combine the liability affirmation of traffic accident with the damage result of the accident, perfect the review procedure of accident processing, collect evidence in a prompt, objective, and comprehensive way; discuss the countermeasures to the problem of presumed liability application dislocation, strictly limit the application of presumed liability, further make clear about the presumed traffic accident liability; reflect the related rule and institution. Discuss the operation principle of liability affirmation of traffic accident. The correct determined causal relation should be taken as the first principle in liability affirmation of traffic accident. The analysis of the casual relation should hold on its feature s of objectivity, timeliness, relativity and so on. Discuss the practical operation method in affirming liability of traffic accident, such as the method of the committed people responsible for the liability of traffic accident, the direct causal relation method, the dangerous case + avoid method, and the behavior morphological analysis method; Discuss the surveillance and relief of liability affirmation of traffic accident. The verification and approval of traffic accident affirmation should be strengthened, as well as the examination and judgment of the affirmation letter of traffic accident. Related evidence reviewed by The People's court should ensure its integrity, authenticity and timeliness. Reorganize the accident processing team, regulate the law enforcement level, promote fair in law enforcement. Discuss relief of liability affirmation of traffic accident. Through establishing committee of liability affirmation of traffic accident, carry out the investigation of mistaken liability system, hold the public hearing, refine the labor division of each section concerning the traffic accident, separate the functions, require the traffic police who make the affirmation letter of traffic accident to present in court to accept the interpellation measure, ensure the passage clear concerning the relief way of affirmation of traffic accident, perfect the mechanism of restraint and supervision, which may also enhance the public trust in affirming the traffic accident.In the fourth part, elaborate several kinds of common traffic accident's liability affirmation in detail. Discuss the liability affirmation concerning several kinds of traffic accident in the highway, that is, the liability affirmation of traffic accident concerning the vehicle and the highway's pedestrian, the vehicles piled up, the travel vehicles bumping into the accidental vehicles, and the vehicle bumping into animals; Discuss several kinds of urban road traffic accident's liability affirmation. Namely, the traffic accident liability affirmation concerning the following situation: tailgating, drive after taking liquor, weary driving as well as pedestrian's traffic accident occurring on the pedestrian crossing; discuss the affirmation of the accidental accident. During the affirmation, it is necessary to inspect earnestly, and analyze whether the driver has the mistakes, whether violates the duty to keep the vehicle in good condition, whether be against the duty of driving safely.Through discussing the liability affirmation of traffic accident, the author hopes to provide some countermeasures to accurately strike the criminal behavior in the traffic accidents, display security prevention function which will be beneficial to the society.