Accidents Identified And The Review Proceedings, Admissible Procedures

Traffic accident management, especially the process of inspection and evidence admission during the traffic accident imputation and litigation, has long been criticized by academia. The specialty of traffic accident management makes it impossible to get rid of the strong influence of administration. The recognition of traffic accident which is formed by the management of administrative power is almost decisive to tort action. However, although the judicial authority has been authorized with the power of investigation and changing the recognition of traffic accident, yet it is still difficult for them to make real achievement. The reason does not only lie in the abuse of power under the lack of procedure planning of the administration power, but also lies in the deficiency of regulation during the process of administration of evidence in judicial practice. The essay is going to take a deep analysis of the defect in present system, learn from the experience of abroad law system and put forward resolutions to discuss how to change and re-construct the recognition of accident, and the mechanism of inspection and testimony in litigation.The essay includes three parts:Preface, main body and epilogue. The main body consists with five chapters. The third and fifth chapters are the important part of the whole essay, especially the fifth chapter, which is the key point.The first chapter gives a brief introduction of the procedure of traffic accident tort disputes in China. It mainly introduces the procedure of traffic accident tort disputes in China, sets a background of present system for the discussion, focuses on educing the concept of "the recognition of traffic accident", and underlines the significance of the evidence regulation in accident recognition and litigation; The second chapter chiefly discusses the non-actionablity in traffic accident recognition and the form of evidence in conformation letter through the introduction of the traffic accident recognition action and the disputes on the legal nature of confirmation letter, preparing for the conceptualization of the system construction in the following part; The analysis in the third chapter points out the deficiency in present system which includes:the undistribution of the people in confirmation of responsibility, the deficiency of the confirmation process, the deficiency of supervision and object relieve system, the obscurity of responsibility and the absence of evidence regulation and so on. Meanwhile, it also analyzes the reasons of present deficiency; The forth chapter compares the traffic accident management in two main legal systems which applies in America, Taiwan and Macau, and points out the experience which could be learnt and referenced. It states the necessity of the re-construction of inspection and evidence admission system in traffic accident recognition and litigation in China;In the fifth chapter, the author combines his work which is based on raising question, analyzing question and comparing and learning from foreign experience with the present situation in China, reflects on several questions such as changing and reconstructing the traffic accident recognition process and the inspection and evidence admission system in traffic accident recognition and litigation, and further put forward the conceptualization of the system construction which includes the modifying of present laws, setting the system of evidential hearing in accident recognition, the system of expert testimony, special court for traffic accidents and the discrimination in inspecting responsibility confirmation and factual confirmation.