On The Relief Of Traffic Accidents Identified

In accordance with the stipulations of "Safety Law Of The Road Traffic", it is the legal authority of traffic administrative department(a branch of public security organ)to deal with the traffic accident and commit relevant disposition. During the law enforcement, the result of verdict will influence interests of the parties in such sides as the amount of civil damages(?) administrative sanction or even more worse, the criminal penalty. Hence, the parties always challenge the administrative identifications. However in judicial practices there exists the unsettled dispute about the nature of traffic accident identification, which directly affects the parties right for remedy. The author studies and discusses the issue above-mentioned combining relevant theories in the administrative law field with present remedy situation.Secondly, with generalizing tendency of the concept for traffic accident, the past definition of traffic accident identification cannot reach the standard or requirement of "Safety Law Of The Road Traffic" whether in form or in content. Thus, the author defines the concept of traffic accident identification as following in accordance with the nature of "Safety Law Of The Road Traffic": one specific conduct 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 liabilities.So we should have efficient supervision process and remedy channel to guarantee the justice and fairness. The third part discusses the issue of remedy to traffic accident identification in china. Till now, it is still of no unanimous agreement about the nature of traffic accident identification in both theoretical and practical field, which makes it the unresolved problem that how to got remedy and cannot find the exact answer in existing law of china. This can be testified from two sides: One is from the achievements of theoretical study, the question of whether the traffic accident identification shall be got remedy as the conduct of authority is still outstanding. The other is from the stipulations of Chinese existing law, with regard to the questions such as whether and how the traffic accident identification shall be got remedy, the statute and related regulations and rules all takes the evasive and conservative attitude for without any explicit word, which leaves such conduct in vacuum area of legal remedy. And the system of traffic accident identification and remedy remains such defects which lead to the situation mentioned above: Firstly, there is no strict check and appraise measures to qualification of traffic accident judger; Secondly, one identification is the final ruling which may be reckless; Finally, the legal rights and interests of traffic accident parties cannot be guarded effectively and timely due to the present situation of remedy in china. Thus, the author believes it is of imminence to complete and perfect the remedy channel via relevant law regarding to the defects mentioned in the essay, including establishment of administrative review and administrative litigation. To say more, the author prefer the alternative preclude process in establishing the administrative review system concerning the traffic accident identification; And it is of necessity to include the traffic accident identification into the jurisdiction of administrative lawsuit, whether from the lawmaking purpose(?) stipulations of existing administrative regulation(?) the legal result of traffic accident identification(?) the judging capacity of courts or protection of right to litigant.