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Traffic Accident Identified The Inspection Of The System Of Administrative Law

Posted on:2009-05-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2206360245477103Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
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.Henee,the parties always challenge the administrative identification.However,in academic community and judicial practices,there exist 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 puprose 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,detailed analysis about the nature of traffic accident identification then conclude the principle and functions of traffic accident identification.The second part are probe for traffic accident identification from the practical perspective.Traffic accident identification mainly find from "PRC Safety Law Of The Road Traffic",so I first introduce the development of Safety Law Of The Road Traffic,then present the content of the system of traffic accident identification,at last I advance the problems of traffic accident identification.The third part discusses the issue of remedy to traffic accident identification in China.The legal right 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 prefect the remedy channel via relevant law regarding to the defects mentioned in the essay.
Keywords/Search Tags:traffic accident identification, nature, remedy
PDF Full Text Request
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