The Accident Responsibility Identification Theory Of Traffic Offences

Traffic accident responsibility identification is to determine whether a person constitute thepremise condition of traffic offences, whether the person violate traffic offences depends onthe public security organ accident responsibility identification of the traffic policedepartment;Traffic accident responsibility identification, traffic accidents involved partiesmay bear criminal responsibility (charge), the administrative liability, civil liability, is closelyrelated to the interests of the parties.Traffic accident crime is a kind of fault resistance,essentially the crime of endangering public security, how to distinguish between trafficaccident and intentionally wounding, the difference and contact of endangering publicsecurity, how to ensure traffic accident responsibility identification process open, procedurejustice and result justice, safeguard the parties’ legitimate rights and interests to the greatestextent, is to adhere to the people-centered, law enforcement for the people, promote socialfairness and justice, stability and the inevitable requirement of building a harmonioussociety.The public security organs accident responsibility identification of the trafficdepartment is actually the causality analysis of the causes of traffic accidents, is for theparties to a legal wrong behavior in the analysis of the role played by the accident, to avoidthe accident of the traffic police department in the public security organ responsibilityidentification, simple is equal to the civil liability share, should be identified as the parties totake responsibility or important evidence to determine the victim is also at fault of one partymaterial.Accident responsibility identification of traffic offences should grasp behaviorresponsibility principle, the principle of causality, way principle, security principle, theprinciple, principle of absorption and increase and limit increase.Accident responsibilityidentification mechanism exists in the current traffic offences remedy rights by the parties ina single, poor relief channels, the parties to object to the accident responsibility identificationboth neither can bring administrative litigation, and can not apply for administrativereconsideration, only apply to the public security traffic police department at the next higherlevel for review, how to safeguard the lawful rights and interests of the parties, the needs ofthe public security organ traffic police department accurately identified each accident of traffic accident responsibility, and meet the requirements of the current social accidentresponsibility identification mechanism.