Reasearch On Actionability Of The Identification Of Traffic Accident Responsibility

Today, the traffic accident is one of the important factors which lead to human’s unnatural death, traffic accidents to the nation and the people not only caused severe losses, given many families’ pain and misery. It also affect social stability, destroy the normal traffic hindered, transportation, which affects the development of the national economy. Therefore, how to properly handle the traffic accidents have attract social concern.According to the implementing law,the action of recognize of responsibility of traffic accident can not be sued.The paper which is completed by the department of traffic management just be used as a kind of evidence.There is only one way to preserve their legitimate rights for those who are not satisfied with the result of this action-apply for another recognition which supplied by a higher department. Those who support the stantpoint that the recognition of traffic accident liability can not be sued regard this action as a kind of middle action, which not related to the rights of any parties. In fact, this action is a analysis by synthesis for the traffic accident,and it is related to the parties’ penal rights, civil rights and administrative rights. In this circumstance the deficiency of relievement go against with the spirit of legislation.This paper will divided into five part. The first part is a basic analysis about theaction of recognition of traffic accident. The second part of this article will discuss the character of the specific administrative act, and I will analyze responsibility of affirmation to traffic accident under the notion of the specific administrative act. This will prove that the responsibility of affirmation to traffic accident is specific administrative act rather than the act of proof and this will be the basic of the administrative actionability of the responsibility of affirmation to traffic accident.The third part of this paper will discuss the case scope of administrarive litigation and its’ standard.this will proof that the action will related to the parties’ criminal,civil and anministrative rights.And it is inportant and necessary to admit its’ actionabl. In this part the author will discuss how this action influence parties’criminal,civil and administrative rrights in detail. The fouth part will dicuss that it is important to admit the act is actionble because the way to preserve one’s right is poor. The last part of this artical will discuss the way to realize the actionability and it also prove that to admit the actionable is necessary.