Accidents Identified Administrative Law Analysis

It is for the high rate of frequency and large number of death toll arising from traffic accidents that the issue of traffic safety attracts extensive concerns from the country and society. On October 28,2003,the NPC Standing Committee adopted "PRC Safety Law Of The Road Traffic" .It is the first law about road safety .In accordance with the stipulations of the law, it is the legal authority of traffic administrative department to identify traffic accident .The result of the identification will impact on the parties' civil, administrative and criminal liability. Hence, the parties always challenge the administrative identification. However, in academic community and judicial practices, there exists the unsettled dispute about the nature of traffic accident identification, which directly affects the parties' right for remedy .The remedy provided by the exiting law is lack of effectiveness and incomplete .The author studies and discusses the issue above-mentioned combining relevant theories in the administrative law field with present remedy situation .It is the purpose of this essay to reach the effective supervision towards the traffic accident identification and promote the judicial world re-recognizing the issue concerning traffic accident identification in three parts:The first part focuses on the concept of traffic accident identification .The author defines the concept of traffic accident identification as following :one specific act of traffic administrative department in traffic accident ruling process, who analyzes and balances the evidence collected so as to ascertain the factual relation and evidential power to accident fact and further reaches judgment about the fact and cause of the accident and parties liability. On such basis, the author further summarize the characteristics, role and relationship with civil, administrative and criminal liability of traffic accident identification.The second part mainly detailed analysis about the nature of traffic...