On The Nature And Prosecution Of Traffic Accident

In our country’s judicial trials, civil cases have occupied most of the proportion.In civil cases, and with a divorce case, labor dispute cases, traffic accidents andinductrial injury claims occupies a half. Many of the court in order to deal with a lotof similar cases, isolated specialized divisions for the handling of one type of cases.As you can see, our country judicial process is gradually thinking under the rule oflaw and professional direction. But in today’s justice is more and more specialized,still there are some legislative loopholes or unreasonable parts need to be addressed.The main is discussed in this paper in the traffic accident cases encountered someconfusion as well as the theory with practice.When accidents happened, their personal and property damage, serious when stillcan face apart of Yin and Yang of grief. Our country has particular concern to thetraffic safety problem. On the one hand, to prevent such accidents, to strengthen thesupervision of the driver. On the other hand, in the event of accident, to a loss ofutmost to ensure that the parties to be perpetrators by corresponding legal sanctions.In recent years, the laws are strictly regulate the traffic security problems. Thesemeasures do have a certain effect, but for the traffic accident is an important link inthe traffic accident has long ignored for people, also exist incomplete laws andregulations.This paper mainly divided into five parts. The first part and second partintroduces the definition of accident and function as well as the evolution of history. Ifyou want to have an accurate comprehensive understanding on accident first to clearits basic meaning, a comprehensive understanding of the development and changes ofdifferent backgrounds in different periods. The third part discusses the nature of thetraffic accident. The problem there are many disputes in theory is consistent, throughcomparing the different theory point of view, and finally come to the conclusion thattraffic accident differentiates, belongs to the specific administrative act. The fourthpart is mainly discuss traffic accident differentiates the necessity and feasibility ofadministrative litigation. Whether from the Angle of the right remedy or powersupervision perspective, the accident should be incorporated into the scope ofaccepting cases of administrative litigation. The article last part puts forward someSuggestions and ideas to perfect the system. Mainly from the system of reconsideration and lawsuit system and the system of compensation for three aspects:perfecting the relief way. Therefore, differentiates, finally come to the conclusion thattraffic accident should belong to a specific administrative act, and is a specificadministrative act of administrative confirmation behavior, at the same time, it shouldhave to litigation.