Investigate In The Standard Of Responsibility Identification Regarding To Traffic Accident Certificate

Zhifang Li refused to accept traffic accident liability recognized once again that the case is the2001Supreme Court case guidance published cases. But it is to be handled directly from the court cases of the traffic accident identified only satisfied with the results, but also the indirect form of answer "whether the result of traffic accidents identified sue" debated topic in the practice and theory of community; and it is also the first once case guidance in the form of formal confirmation responsible for that accident standards to the existence of violations of regulations and accident causation, and the force size, deny the principle of the right-of-way identified in the public security organs in the past customarily held in the traffic accident liability.The Accident Liability Zhifang Li refused to accept re-identified by way of judicial proceedings in the case, clear causal relations responsibilities recognized standard. In the case of the absence of legislation regulating public security organs identified behavior plays an important role in guiding traffic. Unfortunately, the case the Court of Final Appeal did not articulate the reasons for judgment traffic accident identified critical information standards, so that the outcome of the trial scheduled social effects Mediating Dispute greatly discount.Traffic accident responsibility confirmation criterion as the traffic police department’ standards to find the size of the parties whether responsibility and liability for the accident, which are ultimately related to the parties to civil, administrative or criminal liabilities commitment. However, due to the lack of standard legislation responsible for that accident, caused by the responsibilities identified subjective practice, both exist especially difficult incidents of violations of regulations or detennine the existence of arbitrary large defects are caused by a traffic accident the parties dispute root causes; also the judiciary to entertain such cases no laws can not make the parties to the crux of abatement of action to some extent, resulting in a waste of judicial resources. Although the new Road Traffic Safety Law "to delete the word" responsibility "in a traffic accident liability confirmation its legal attributes more ambiguous, traffic accidents identified standards are still not clear and objective.This article want to re-identified by Zhifang Li refused to accept traffic accident liability case with traffic accident parties two parties, two traffic brigade, different views of the parties to the two levels of courts, four different traffic accidents identified the analysis of the results to identify the traffic accident identified standards focus of controversy, combining different theories on traffic identified standards at home and abroad, focusing on clear quite causality as the standard view traffic identified by administrative organs to develop regulations refinement recognized standard traffic reconstruction scheme in order for China’s public security organs to deal with similar cases to provide some valuable theoretical exploration and decision-making reference.