Study On Relief Ways Of Recognition Of Road Traffic Accidents

With the continuous increase of the number of motor vehicles in our country,the traffic accidents caused by them are also increasing.The most important link in the process of traffic accident is the identification of accidents.The correct,fair or not determination of accidents is directly related to the parties' civil compensation,Administrative penalties,criminal penalties and other legal responsibilities.In our country,the accident is mainly determined by the traffic control department of the public security organ.As an administrative organ,"All people in power have easy abuse of power.This is an everlasting experience." If there is administrative omission in the process of identifying an accident,Chaos as infringement on the rights and interests of the parties act,the parties through which relief channels to safeguard their own rights? At present,China only stipulates the direct remedy for accident review in the regulations of the Ministry of Public Security.However,this remedy has many defects and defects in practice and can't fully guarantee that the rights and interests of the parties are relieved.Therefore,it is necessary to study the attributes of road traffic accident identification behaviors and set up a diversified relief system according to its characteristics to better protect the rights and interests of the parties so that the disputes can be substantively resolved.The full text is divided into four parts,the first part of the article,first of all,through a comparative analysis of two real cases,leads to the current problem of road traffic accident relief system in our country,it should be studied and reconstructed problems;The legal evolution of the identification of road traffic accidents in our country has been sorted out and the important influence of the road traffic accident identification act on the parties to the accident has been analyzed from the aspects of civil liability,administrative responsibility and criminal responsibility respectively,so as to illustrate the importance of establishing a smooth and effective remedy for the parties and The importance of society.The second part of the article lists the current academic view on the behavior of the road traffic accident identified the main points of view,summarizes it into specific administrative acts and non-specific administrative behavior that,through a comparative analysis of different views of the academic community,the author believes that the road Accident identification behavior is a specific administrative act,and is the specific administrative act of administrative confirmation.The third part of the article,the author went to the Chongqing Public Security Bureau Traffic Patrol Police Corps,Zhengzhou City Public Security Bureau traffic police detachment and other field research methods,combined with "China Court of Judicial Documents","Beijing University magic" and other court documents search website Retrieve the relevant data,and then through the analysis of relevant data to study the current accident review and civil litigation two relief methods of the status quo and existing problems.The fourth part of the article,in response to the above-mentioned issues,the author uses relevant principles of administrative law and his own work experience,puts forward four countermeasures to improve the way of relief act of cognizance of road traffic accident by applying the principle of administrative law and the practical experience of my work,that is,in the cognizance of road traffic accident Establish a hearing system for major accidents,review the application with administrative reconsideration instead of applying for review,incorporate the scope of acceptance of administrative proceedings,establish a specialized traffic accident court and build a "three-in-one trial" trial mode.