Study On The Regulation Of Road Traffic Accident

Road traffic accident is the burst accidents of social risk is higher in modernsociety, the right and handling of traffic accidents relate to social stability andharmonious. Accurate cognizance of traffic accident responsibility, let who bear thecorresponding legal consequences, to reduce the incidence rate of traffic accident, hasthe extremely important significance. But in judicial practice, the traffic accidentdifferentiates, legal authority artificially expanded, the cognizance of traffic accidentresponsibility for the traffic accident, not only the absence as a division of the civilliability to pay compensation of course basis, is also regarded as the authority of thedecision on whether the perpetrator traffice offences evidence. Differentiates, trafficaccident is the traffic police department in the process of administrative lawenforcement of legal documents, the party in the traffic accident is the traffic policedepartment on the basis of administrative punishment, rather than the judicial organsfor determining the civil liability and criminal legal evidence. In addition, the trafficpolice department that behavior in the traffic accident also lack the necessarysupervision, the correctness of the traffic accident responsibility differentiates andimpartiality is the public question, harm the legitimate rights and interests of theparties to a traffic accident also from time to time. Traffic accident as a kind ofimportant evidence, its production is objective and correct, directly affects therelationship between rights and obligations by the parties, therefore, the research ofthe traffic accident responsibility identification, clarify the nature of the trafficaccident and subordinate to the kinds of evidence, distinguish the traffic accident inthe position in civil litigation, criminal litigation, points out the deficiency existing inthe current road traffic accident cognizance, and on this basis, through perfecting thelegislation dealing with the traffic accident and improve the traffic accidentmechanism, the creation of traffic accident liability in judicial authenticationinstitutions, such as system design, standardize the division of accident responsibilityin the traffic accident, in the hope of the cognizance of traffic accident responsibilityfor the traffic accident is more scientific, fair, on the basis of the traffic accident shallbe investigated for legal responsibility by the parties for the accident is more fair andreasonable, prompting the road traffic is more secure and convenient operation.Academic value of this article is on the premise of recognizing the nature oftraffic accident, and further points out that the direct accordance with the requirements of traffic accident differentiates the perpetrator shall bear civil liability and criminalliability of the embarrassment of congenital deficiency and theory, make trafficaccident differentiates, return to their original position, and through the system designto make the traffic accident when the perpetrators accident liability that accurate, fair,and guided in the right direction for the future of the judicial practice, and seriously,just make traffic accident for the traffic police department to provide institutionalguarantee. Differentiates, in this paper, the application of value lies in the fact thattraffic accident is one of the important document that perpetrators what accidentresponsibility, accurate and fair made traffic accident, be helpful for maintaining thelaw enforcement of the public security organ image, reduce the resistance of partiesinvolved in the accident to speed up the handling of traffic accidents. According tocivil cases, the properties of the criminal case, reasonable and legitimate use of trafficaccident, even though the victim’s loss compensation, and the lawful rights andinterests of the perpetrators get effective protection of the law. From my collection ofrelevant literature, the paper differentiates, not much research on traffic accident,alone and most of the paper is in traffic accidents responsibility, some issues or trafficaccident, in the study is related to its paper analyzes the existing problems in thetraffic accident, and puts forward the specific approach. In a traffic accident as theresearch object of the thesis, mostly discusses the nature of the traffic accident andeffectiveness, as well as the traffic accident differentiates, actionable, not accurate andimpartiality of the traffic accident differentiates itself, as well as in the civil litigation,criminal lawsuit directly used as evidence of its problems, systematic elaboration andspecific measures are put forward. But in judicial practice, differentiates, trafficaccidents and accidents of the personal and property rights of the parties have a stakein, therefore, to maintain the accident parties’ legitimate rights and interests, andreveal the law of justice and authority, to clarify the traffic accident in civil litigation,criminal litigation the specification of the application, put an end to traffic accidentdifferentiates itself exists randomness and injustice, it is necessary for the trafficaccident differentiates itself for intensive research.I come into contact with a large number of traffic accident cases, in a work withto handle the case of traffic accident to produce all kinds of confusion, I looked at thepaper about traffic accident responsibility in recent years, learned in the theoreticalcircle on the issue by entities of the dispute, and judicial practice on the trafficaccident differentiates, one-sided emphasis and conflict between legal theory. I make full use of the school library, China knowledge network and Internet search, collect alot of papers about traffic accident responsibility identification information, providesrich material for thesis writing. This article USES the research methods include twokinds:(1) the method of literature analysis. Consult, collect related literature,summarizes and induces the existing research results, in the process of thesis writing.(2) the empirical research method. Theory combined with practice, test the judicialpractice with relevant academic theory, find out the discrepancies between them, andcareful thinking, put forward approach.This paper is divided into three parts:The first part: road traffic accident overviewThis part expounds the road traffic accident liability and accident differentiatesthe types of evidence, on the basis of clarify traffic accident differentiates, includingcontent, probes into the traffic accident responsibility and legal responsibility, analysisof the traffic accident removes the positive significance of "responsibility", this paperdiscusses the traffic accident differentiates the types of evidence, the second part forthe article discusses the problems of the road traffic accident cognizance exist donetheory foreshadowing.The second part: road traffic accident identified problemsThis part based on the analysis of current road traffic laws and regulationsconcerned, combined with the reality of the problems in the work practice andconfusion, points out that the imperfect legislation dealing with the traffic accident,the traffic accident that mechanism imperfect, traffic accident for errors in the judicialpractice, to improve the road traffic accident below that provides the basis in theoryand in practice.The third part: road traffic accident that is perfectAfter summing up the part above the traffic accident that the basis of the existingproblems, bold in perfecting legislation and improve the recognition mechanism,establishing the judicial authentication institutions, etc.,clear law enforcement concept,improve the criteria for recognition of the traffic accident increased legal reliefchannel, the idea of regulation of road traffic accident that further.