A Study On The Evidence Effect Of Traffic Accident Certification In Civil Action

With the rapid increase in the level of high-speed economic development, car ownership, illegal driving a growing number of people, the number of accidents occurring more frequently. According to incomplete statistics, in 2014 occurred in China and more than 475 from the larger accident, who died 1980, living first in the number of various types of incidents, accidents infringement case is not uncommon. Traffic Accident important evidence as to deal with such cases, plays an irreplaceable role. However, its effectiveness evidence in a civil action continues to be debated, seriously affecting the practical handling of such cases. The main evidence for the effectiveness of traffic accident, including the ability and the probative force of the evidence of two parts. In evidence of capacity, "Road Traffic Safety Law" Article 73 clearly stipulates it as evidence. However, the evidence to have legitimacy, the most important manifestation of the legitimacy of the evidence in the form of legal evidence in the form of traffic accident is precisely the focus of scholars dispute. In the probative force, the different forms of evidence have different rules and different cross-examination probative force size judgment rule. Furthermore, in addition to the existence of defects in Traffic Accident on evidence of effectiveness, currently on its associated regime are also very limited, resulting in a problem in practice the specific operation. The articles selected two typical cases is reflected in the judicial practice Traffic Accident controversy regarding the existence of evidence of effectiveness. Therefore, to discuss the evidence of the effectiveness of traffic accident and improve relevant systems is necessary, for future judicial practice to resolve the accident infringement case is of great significance, but also contribute to the rule of law to achieve the objectives of the rule of law.