How To Examine The Confirmation Of Traffic Accident In The Civil Action

The Confirmation of traffic accident plays an extremely important role in the civil action. However,practitioners and theorists have been debating on the issue of how to review it, Because each awarenessabout the legal nature of the confirmation of traffic accident can not reach a consensus. After a carefulanalysis of existing theories, I found that each awareness about the legal nature of the confirmation oftraffic accident has enormous flaws, in answering the question——How to examine traffic accident——also behaves extremely difficult.The problem of Evidence theory is that it bounds the confirmation of traffic accident in the area ofevidence. Subjected to the limitations of legal evidence ways of thinking, Evidence theory lacks a macroperspective,so that it can’t conduct a comprehensive understanding of its properties; Administrative acttheory, says that the traffic accident identified behavior is defined as administrative act, clearly violates theprovisions of the existing law, lacks "loyalty" to the law; Although The doctrine of Judicial notice has somebreakthrough above these two theories, but it doesn’t accurately grasp the contents of the traffic accidentconfirmation, so that it makes a cognitive error of its legal properties. And the review rules correspondingto them also have various limitations. The review rules of evidence can do " something" only for the factpart of traffic accident confirmation, but it is powerless for the Legal evaluation section which determinesthe legal rights and obligations of the parties, especially in the situation that the way of administrativeremedies have been blocked, fails to provide the final " vitality " for the parties to remedy their owninterests. The review rules of administrative acts have problems. Once identified as administrative acts, itmeans that the accidents identified behaviors have the power to determine. This may result in the judge’sblind obedience to traffic accident confirmation, and then directly regard it as a basis of referee, so that theparties could not relief their rights. In addition, Since the Civil Courts don’t have the authority to reviewadministrative acts, The accidents identified behavior can only be reviewed by The Administrative Tribunal.This is likely to cause delays in the proceedings and repeated litigation. Judicial Notice has the absoluteeffectiveness, does not exist the situation it was overthrown. If we treat the traffic accident confirmation asJudicial Notice, the parties can not challenge it, the court can not review it. Correct understanding of the legal nature of the traffic accident is the key to solve this dispute. Ibelieve that in order to properly define the legal property of traffic accident confirmation, on one hand, weneed to understand what the basic content with it and what characteristics it has, this is an internalawareness; on the other hand, we should understand the role it plays in the dispute resolution process, thisis the external perception. The two aspects of cognition must be carried out within the framework of theexisting law. On the basis of fully reading the existing theories and based on the above three criteria, I havediscussed the legal property of the traffic accident confirmation. Judging from the current laws, The TrafficAccident Confirmation has dual legal properties of the evidence data and administrative justice instruments;From its contents, it contains two parts of fact and legal judgment; From the role it plays in the disputeresolution process, it can prove the facts and settle disputes. Based on this, we can draw a conclusion: TheTraffic Accident Confirmation not only has the legal property of evidence, but also the legal property ofquasi-judicial decisions instrument.Therefore, we should be based on the legal property of it, use different review rules to examine itsdifferent contents. For the fact, be applicable the review rules of evidence. Specifically, it’s to examinewhether it has evidence of legality, objectivity and relevance. Review of the legality, is mainly to determinewhether it has evidence of eligibility; Review of objectivity, is mainly to determine the authenticity andreliability of The Traffic Accident Confirmation; Review of relevance, is primarily to determine the size ofits probative force. The review of Legitimacy and objectivity is relatively simple and easy to operate. Thereview of relevance has some difficulties: how to deal with difficulties of proof of the parties and thePreponderance of the evidence of The Traffic Accident Confirmation. I think that a feasible approach tosolve the problem is that the Court should bring up the base evidence which it is formulated according to,and review its fact part on the basis of a comprehensive analysis of the evidence. For the legal evaluationsection, should apply to the review rules of quasi-judicial referee instruments, and review the developmentprogram, the findings of fact and application of law. The review of develop process, is mainly to review itsmain content, such as formulation period, production and service of documents. Review of findings of fact,is mainly to review whether the maker follows the exercise of discretion rules-Thinking rule, The rule ofthumb, and Natural laws; judge’s reasoning obligations; statutory rules of evidence-when carrying outfact-finding. Review of applicable law, is mainly review whether the maker comply with the statutory responsibility principle when he or she divides the obligations of the parties.