Road Traffic Accident Identification Of Judicial Relief Research On

Road traffic accidents is an important component of road traffic management,plays an important role in the whole incident,have a significant impact on the rights and obligations of the parties for the traffic accident.Traffic accident as a result of road traffic accident cognizance,the parties shall bear civil liability,administrative liability and criminal responsibility and legal liability of crucial evidence.Therefore,effective relief recognition to ensure road traffic accident,has become the key to ensure justice of traffic accidents.Road traffic accident that there are two ways of legal relief: one is the road traffic accident and determination and review system differentiates evidence review for the traffic accident,the people's court but the review system is often avoid execution;Traffic accident differentiates,outside the confines of the role of evidence;In addition,affected by unified rules the scale,the current legal relief means ascertained by road traffic accident was largely invisible,unable to guarantee the reasonable traffic accidents.Investigate its reason,kind of evidence that differentiates with traffic accident,the road traffic accident identified,the nature of administrative law enforcement and the judicial referee problems of causation cognizance,etc.Solve the road traffic accidents that the crux of the legal relief is to re-examine the nature of the road traffic accident cognizance,only the road traffic accident that should be brought into the scope of administrative litigation,to break the current problems that exist in the road traffic accident cognizance,the traffic administrative department of the public security organ of road traffic accidents that discretion in accordance with the law into the orbit of the rule of law.Justice injustice "late",the road traffic accident that included in the scope of administrative litigation at the same time,through building the system of administrative litigation procedure of civil,the introduction of administrative final behavior,pay attention to protect the legitimate rights and interests of victims,to prevent the abuse of rights,to improve road traffic accident that law save procedural rules provide feasible Suggestions.