The Establishment And Perfection Of The Our Country Road Traffic Accident Ofthe Immediate Judgement Mechanism

Immediate Jurisdiction Mechanism for Road Traffic Accident is an important reform measure launched by our country in civil judicial reform in recent years for alleviating the disparities between increasing road traffic accident cases and limited judicial resources. Since being practiced by courts at all levels, our country’s Immediate Jurisdiction Mechanism for Road Traffic Accident has exploited its unique advantages both in terms of system design or specific processes. Connection of administration and litigation, diversified measures for resolving disputes and accelerated litigation process can not only effectively relieve courts’pressure of handling cases, but also play an important role in thoroughly solving disputes arising from road traffic accidents. However, we also find that, although such a mechanism boasts various advantages, it has diverse problems due to lack of legislation and improper use of rules in juridical practice. The emergence of such problems makes China’s Immediate Jurisdiction Mechani for Road Traffic Accident lacks legitimate basis in the implementation process and restricts further development of such mechanism as well.Started from the basic meaning of "Immediate Jurisdiction" Mechanism, this article explains its legal theoretical basis, leading features and its distinction from China’s other relevant judicial proceedings, and then comes to the background of establishment of Immediate Jurisdiction Mechanism for Road Traffic Accident in China, its working mode and role, meanwhile, it points out such problems currently facing Immediate Jurisdiction Mechanism for Road Traffic Accident as lack of special guarantee of laws, improper simplification of judicial proceedings, excessive shrinkage of time limit of trials. Besides, non-standardized establishment of types of our country’s Immediate Jurisdiction Mechanism for Road Traffic Accident is insufficient for resolving disputes in a long run and from various aspects. By analyzing types and characteristics of various countries’procedures of immediate jurisdiction, based on China’s national conditions and justice practice, this article discusses lessons and reference value provided by diversified immediate jurisdiction procedures to China and further puts forward design scheme for perfecting our country’s Immediate Jurisdiction Mechanism for Road Traffic Accident in terms of legislative norms and procedure settings.