Study On The Certification Procedures Of Road Traffic Accident

“The program is not a secondary thing. As the government power iscontinuously rapid growth, only rely on the procedure justice, power can becomepeople can tolerate.” Road traffic accident belongs to the core program of road trafficaccident, is the traffic control department of the public security organ responsibilityand authority, The traffic control department of the public security organ through thedetermination of the road traffic accident, the production of traffic accident, theresponsibility of both parties. The traffic control department of the public securityorgan through the determination of the road traffic accident, the production of trafficaccident, the responsibility of both parties. However, our current laws andregulations on road traffic accident identification procedure is not clear, leading toinconsistencies in the judicial practice, it is unfavorable to protect the accident of theparties. Therefore, in-depth study of China’s road traffic accident identificationprocedures, finds out the problems, then refine, to safeguard the rights and interestsof the parties is urgent accident.The identification of road traffic accidents is a procedural question, includingalarm, alarm, on-site disposal, an inquest investigation, inspection, accident report tolink, has the characteristics of independence, stage, professional technical,complexity and randomicity. Its independence and stage because of the identificationof road traffic accidents is a part of the road traffic accident treatment, but the twoare not affiliated relation. Professional technology and complexity is because of thelarge road traffic accident, the traffic control department of the public security organto conduct inspection on complex issues, sometimes also need to identify institutionsintervention. Arbitrariness refers to the identification of road traffic accidents inmany aspects can be omitted, such as receiving, inspection etc. The nature of theroad traffic accident has been a hot issue in theoretical circles controversial, becauseits nature decides whether the actionable identification of road traffic accidents." Evidence " is adopted in the view of current practice," the specific administrative act " is a popular theory, but this article believes that the identification of road trafficaccidents is a kind of administrative investigation, and belongs to the category ofadministrative fact, but this does not mean that the identification of road trafficaccidents non-actionable. The laws of our country should be the breakthrough " onlythe specific administrative act is actionable " point of view.Road traffic accident identification program according to the complex degreecan be divided into the simple procedure and the general procedure. Treatment forcases in which summary procedure is relatively simple, fast and convenient. And forthe treatment of cases of the general procedure needs to be carried out in strictaccordance with the program, which involves the protection of the rights andinterests of the parties procedural problems.In some circumstances, the administrative punishment of traffic accident androad traffic accident is the two part of the road traffic accident treatment, both thereare similarities and differences. A comparative analysis of the identification of roadtraffic accidents and road traffic accidents administrative punishment procedures, infact, is the administrative behavior of two kinds of different properties are compared,it can find the identification of road traffic accidents, and then to improve the. If thehearing system of the introduction of the identification of road traffic accidents in theprogram.Program identification of road traffic accidents has many defects, includinglaws and regulations specified is not comprehensive enough, the identification ofroad traffic accidents in the lack of effective supervision, the identification of roadtraffic accidents in inspection and identification of chaos, the road traffic accidentstaff too random, time of the identification of road traffic accidents on the flaws onthe identification of road traffic accidents. Contains a lot of details programidentification of road traffic accidents, such as the composition of accident handlingpersonnel qualifications, rights of the parties in the accident, the accident process,accident handling personnel obligations, the road traffic accident identificationprocedures and so on, these details can be provided in other laws and regulations, butmany details still nowhere to be found, and provisions are too scattered, notconducive to road traffic accidents identification code program. Perfect procedure of the identification of road traffic accidents, including the legislative level, systemlevel and the relief after the three part level. The legislative level is mainly in the" road traffic accident procedures " on the accident identification problem for moredetails of the program. System is mainly introduced the hearing system, giving theaccident party the right to express their views, this is one aspect of supervision forthe accident. After the relief level is mainly gives the right of litigants, regulationsbreakthrough " only the specific administrative act can bring an administrativelawsuit ", but to the specific circumstances of specific analysis.The road traffic accident identification procedure is defined as theadministrative investigation, belongs to the administrative fact category, given theaccident of litigious right is one of the highlights of this paper, it is necessary toprotect the rights and interests of the parties, but also a direction of China’s rule oflaw.