Study On Justiciability Of Traffic Accidents Identification

Along with the development of economy and the improvement of people’s living standard,motor vehicle has gained popularity.it brings great convenience to citizen’s going out,meanwhile leading to high risk of traffic accidents.To prevent and lessen traffic accident,to guard personal safety and the lawful rights and interests of citizen,legal person and other organization,to vindicate the traffic order.the state security enacts and implements the traffic safety law of the PRC and makes stipulations to the handling of traffic accidents.However,no explicit stipulation has made to affirm the nature of act of traffic accident identification in legislation,which results in the conflict of its nature in fields of theory and practice.The act of traffic accident identification refers to act that makes a judgment on the effect of involved parties in the accident based on the collected evidence materials.This determination has great influence on the parties’rights and obligations if they undertake the due responsibility of the accident.In the process of identification,in case our legitimate interest is violated by traffic management department,it is unpractical to get effective remedy through the so far available norm of law,which proposes the ideas of "governing the nation by law humanist" and "where there are rights there are remedies".To realize effective supervision of the authority of traffic management department and assistant the parties to get available relief,the act of traffic accident identification must accept external administrative supervision,especially judicial supervision.In consideration of this issue,this essay will combine administrative law and administrative procedure law,focus on the question whether it is actionable of the act of determination of traffic accident.The structure of this essay is divided into six parts:Part one:Overview of act of traffic accident identification. Via specific definition of traffics accident,we can grasp the characteristic of accident better and thus obtain cognition of fundamental definition of traffic accident and related other concepts.Part two:Historical retrospection and current situation of unactionable affirmation of traffic accident.By means of making clear the progress of traffic accident identification,we can clearly seize the stages of justiciabty and unactionability and therefore elaborate the unactionable situation of this issue.Part three:Analysis of obstacles which lead the traffic accident unactionable. Inadequate deduction in legal dimension;conflicts of the nature of this identification in theory;the traffic management department deny the justiciability of it practically,meanwhile the court is unwilling to have heavy lawsuit due to traffic accident identification.Part four:Value and significance to ensure the justiciability.According with the purpose of protecting the legitimate interests of the persons concerned in administrative procedure law; promoting law-based administration of traffic department;improve quality of affirmation of accident strengthening credibility of traffic accident identification;facilitating intercession of traffic accident;lessen lawsuit of court.Part five:Possibility of justiciability of traffic accident identification.The identification of accident is conduct of administrative affirmance in essence.legitimate basis for it; the so-called lawsuit is actually nonexistent or can be reduced.Part six:Approaches to reach justiciability. Law revision to clear-out its nature; define that the parties can choose administrative reconsideration or administrative litigation.