Research On The Road Traffic Accident Identification Procedures In China

In our country,Responsibility Affirmation in Traffic Accident is the right that the law gives the traffic administrative department of the public security organ of a kind of authority.Differentiates the traffic accident is the most important document in the process of dealing with traffic accident.It is directly related to the personal and property rights and interests of all parties.At present,although the theoretical circle of traffic accident differentiates qualitative remains controversial,but our country law has the traffic accident differentiates,which plays an irreplaceable role in the traffic accident in the criminal,administrative,civil lawsuit.In criminal lawsuit,it identified the responsibility of the type and injury consequence,it is the people’s procurator ate prosecuted,the important basis of criminal responsibility shall be investigated for the perpetrators,directly affect the criterion for the conviction of the accused.In civil litigation,it is to identify the important basis of persons responsible for damages.In the public security traffic management,it is the public security traffic management department of road traffic safety violations on the basis of administrative punishment.However,in the judicial practice,road traffic accident identification made by state organs,has a strong administrative color.Because procedure is not perfect,the rights of the parties to a traffic accident is difficult to obtain the safeguard and relief.Under the situation of current China’s efforts to build a society based on the rule of law,in-depth study of China’s road traffic accident identification procedures,to find out the problems,then to be perfect is necessary.This paper is divided into five parts.The first part is the introduction and analysis of the cases.By analyzing the real cases in the trial,find the common problems in traffic accident cases.The second part gives a detailed introduction to the current road traffic accident identification procedures,including the road traffic accident treatment changes in laws and regulations,classification of traffic accident identification procedures during these years(summary procedure and general procedures).The third part analyzed the nature of traffic accident identification,and introduced three current viewpoints,such as concrete administrative act theory,Quasi administrative act theory and technology appraisal behavior theory,this paper agree with the technology appraisal behavior theory,and it believed the traffic accident identification is a kind of special techniques to identify.The fourth part analyzes some problems existing in the current traffic identification procedure in our country,Traffic Management Department of public security organs take everything on themselves,which lacks supervision and the right relief procedures.The fifth part makes some reflections on our country traffic accident identification procedures,In order to avoid the self judgment may need to determine the police duties,and recommended the establishment of a dedicated road traffic accident appraisal institutions.We need to establish a special committee on traffic accident identification.The traffic Accident Identification Committee sets up expert database and organizes professionals to identify the responsibilities of road traffic accidents.Analysis to the necessity and feasibility of establishing the specialized traffic accident identification institutions,and envisages a road traffic accident identification process.considered to mechanism construction needs a long process.In the transition period,the most important is to revise the road traffic accident review system,to assure the road traffic accident review system to be carried out,and to avoid the parties to use the law to terminate the review process.