The Research On Suability Of Traffic Accident Identification

In recent years, car ownership is rising, pedestrians, drivers lack safety awareness, thecomprehensive effects of many factors such as traffic chaos, the incidence of traffic accidentshas been growing state. After a traffic accident, traffic accident has become the main basis oftraffic accident parties to bear all the responsibility, has an important impact on the rights andobligations of the parties, but such an important traffic accident behavior relief way is unitary,the action into administrative litigation has imminent. The traffic accident behavior, not onlyin theoretical circles on the nature and the procedure of the debate and the relevant legalprovisions on traffic accident behavior lawsuit also several modifications. Protection of therights and interests of the state and citizen supervision of administrative power is veryunfavorable. We hope that through the discussion of this one problem, clearly the nature oftraffic accident identification behavior, and puts forward the traffic accident behavior mode ofjudicial remedy.In the first part of this paper for traffic accident behavior overview. In this part, the paperfirst reviews the history of traffic accident identification actionable development, make clearits actionable development change is not caused by its nature. Then the definition of trafficaccident behavior, carding about the traffic accident several views the nature of acts, laid thefoundation for the necessity of behavior into the administrative litigation as discussed below,the traffic accident identification.The necessity of the second chapter further analyzes the behavior of traffic accidentidentification into administrative litigation. The comparative analysis of traffic accident basedbehavioral properties of different views, clear traffic accident behavior belongs toadministrative confirmation of behavior, the necessity of traffic accidents that behaviorincluded in the administrative proceedings of the discussion from the protection of thelegitimate rights and interests of the parties to a traffic accident and saving judicial resourcesperspective.The feasibility of the third part of this paper demonstrates the behavior of the trafficaccident identification into administrative litigation. First from the suability standards andoriginal legal provisions of the administrative procedure demonstrates the behavior of thetraffic accident identification into the administrative litigation is the theoretical basis and legalbasis. Secondly, starting from traffic accident behavior characteristics, basic judicial practice demonstrates the behavior of the traffic accident identification into administrative litigation.Finally, the extraterritorial experience introduction, provides the reference for the followingconstruction traffic accident behavior of administrative incidental civil litigation relief mode.In the fourth part, from the conservation of judicial resources and reasonable disputeresolution angle, proposed the traffic accident behavior of administrative litigation withincidental civil action specific relief mode. Discusses the traffic accident behavior ofadministrative mode of incidental civil action from the subject of litigation, prosecution andacceptance, allocation of jurisdiction and the burden of proof of the four aspects.