The Nature Of Road Traffic Accident Identification And Parties’ Relief

According to the “Road Traffic Safety Law of the People’s Republic of China2003”and the relevant procedural provisions, the identification of traffic accident wasdefined as evidence of police’s treatment of traffic accident. However, the nature of theidentification of traffic accident is still uncertain in administrative theory and practice.Besides, it is an urgent problem that how to relieve the rights of the parties. This paper isbased on the study of the legal history、the theoretical points of contention and analysis ofcases, to clarify the nature of the traffic accident identification，hoping to promote afeasible proposal to solve the problem of parties’ rights relief.The paper is divided into four chapters. The first section is an introduction of theexisting system of traffic accident identification, and investigation of the problems in thelegislation and practice. The second section is theoretical controversies and solutions oftraffic accident identification. By analyzing the different views in academia and discuss thecourse of dispute, this part provides theoretical support to the clarification of the trafficaccident identification and the improvement of relief. The third section is a new way toimprove the traffic accident identification，which is reconstructing the system，in the newsystem the testimony is separated from the work of police’s identification and police’sidentification is administrative confirmation. Besides，the hearing procedures should beintroduced in to protect parties’ rights. The last section is in the purpose to improve theway of relieving the right of the parties, the parties have the right to apply for newtestimony. They also are allowed to make administrative lawsuits when their rights andinterests are violated.