Luolunfu And Luzhoushi Traffic Police Detachment Three Brigade Road Traffic Accidents That Case Case Analysis

Abstract:The report of the case is studied from the following five aspects:The part one introduces the basic facts and the lawsuit process.The part two is about the analysis of the main case focus:if we can access to the court according to the case of the traffic accident responsibility identification; In the Traffic accident, which the parties should bear all the responsibility for the accident; In the traffic accident, whether the bridge belongs to the scope in the repairing bridge or nor; Whether there is a legal basis about the behavior of the carbon residue on the bridge; whether there is a direct causal relationship with the traffic accident without safety mark and defense; The traffic accident has been dealed with by traffic management; and they has organized the damages with the parties, the two sides have different opinions about the result of case, if it means that the case is over?The part three introduces the summary of legal problems, including:the behavior of traffic accident identification is whether the scope of accepting cases of instrative litigation; How to distinguish the behavior of administrative legal and administrative reasonable; If we can filed a lawsuit according to the basis administrative compensation.The part four is about the analysis of the legal issues,mainly including:The definition about the nature of the book for the traffic accident,it has evidence said、responsibility confirmed said and administrative behavior said;The definition of administrative behavior in legitimacy and rationality; After the administrative organs make the mediation about administrative compensation,the administrative relative person whether bring administrative prosecution to court.The part five is about the research of conclusion:The behavior of identificatin about traffic accident is a specific administrative act, it is the administrative organs who carry on it according to the power which belongs to the scope of accepting cases; The mediation in the administrative compensation is a kind of administrative mediation, we can filed a lawsuit to the court, because of the disaffected the administrative mediation; In the judicial practice, when we use the basic principle of the administrative law (especially reasonable administrative principle), we are sure to note that the extent of the play about discretion of the fudge they can’t abuse blindly, preventing the appearance of the unfairness; Perfect the traffic accident responsibility identification mechanism, and establish relevant supervision and mechanisms of relief, which to prevent the appearance of unfairness.