The Reflection Of The Road Traffic Accident Police Reports Of The Role In The Traffic Accident Damage Compensation Cases

The Road Traffic Accident Police Reports is produced by the traffic administrativedepartment of public security for handling traffic accidents. Mostly in related cases inthe actual operation of China’s civil trial, usually a judge certified the division ofresponsibilities in road accidents in the confirmation of traffic accidents as the directbasis for the allocation of responsibilities as civil damages. Road traffic accident in acivil action, which in a large scale is beyond the scope of its evidence, is basicallyfirst judgment for such cases. However, why? Mainly because before the case isaccepted to the people’s court of the class of road traffic accidents, trafficmanagement departments of public security had confirmed the responsibilities, whichis based on the influences of the behavior from Perpetrators and therefore it performsbefore the court should do.So, what are the nature of confirmation of road accidents in the civil trial?Whether it is bound to become a referee in accordance with the court in civil cases inthe trial class? The class certified in error, the court whether the judgment is not as theinevitable basis to decide cases, and denied, to overthrow the responsibility of thetraffic police department finds it? The Kelsen’s system of legal norms theory on thebasis of this doubt use layers, individual specifications and general specifications,road traffic law and civil law made a detailed analysis, concluded that its both part ofthe legal system is a node of the dynamic effectiveness of the chain belong todifferent legal aspects of civil trial does not necessarily instructive. The road trafficaccident should be defined as evidence it in a civil action from the evidence of therole of the expert conclusions ". Therefore, from a road traffic accident on the contentand procedures should be reformed, and combined with China’s realities, the legaleffect of the system theory should be applied in the rule of law, build a "social order"with Chinese characteristics, to ensure that our society as a whole orderlydevelopment.