Road Traffic Accidents Identified With The Relative Rights Protection

With the implementation of laws and regulations concerning road traffic safety supervision and control, such as Law of the People's Republic of China on Road Traffic Safety enacted on May 1, 2004, there has been prominent improvement in traffic safety and traffic order, which provides people with better traffic environment But in prescribing "identification of road traffic accidents", the relevant laws and regulations as stated above focus on substance empowerment, thus granting traffic police powerful discretion, while lacking administrative procedure policy as constraints on their administrative power and lacking the policy of right remedies. Hence the rights of the other relative party have been left in ineffective protection.This thesis first demonstrates the actual procedures of road traffic accident identification by traffic police, on the basis of clarifying related concepts of road traffic accidents and their corresponding identification, and investigating into the work of accident treatment (identification) by Ji'nan traffic control units. Then by means of the balance theory in modern administrative law, the thesis makes an analysis of the reasonability (i.e. proportionality) of rights (power) disposition in road accident identification, and reveals the serious imbalance between the rights of traffic police and those of the relevant other party. Subsequently, it sets forth the suggestion of constructing right guaranteeing systems for the relevant other party in road traffic accident identification, such as the procedure rights with hearing rights as their major forms, and rights of litigation remedy with impartiality as their primary function. Hence, a general structural balance between the rights of traffic police and those of the relevant other party can be achieved, and public and individual interest can be expected to reach their maximum level.