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On The Evidence Validity Of The Confirmation Traffic Accident In Civil Litigation

Posted on:2019-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:X S WangFull Text:PDF
GTID:2416330566458690Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Our country has a vast land and many of the population,with the rapid growth of the socialist market economy and the development,per capita income also increased year by year,while people enjoy the convenience of travelling by motor vehicles.It will also face significant personal and property losses caused by traffic accidents caused by motor vehicles.In some relatively remote areas,especially on rural roads,China's road transport infrastructure is not perfect.Once traffic accidents occur,the causes of traffic accidents and the division of responsibilities are often the focus of disputes between the two parties.The parties concerned are particularly concerned about the road traffic accident acceptance letter issued by the traffic management department of the public security organ.It is used as evidence of traffic accidents,although it is only one of the evidence in civil litigation,but it is proved to be the “king of evidence ”in judicial practice.The courts also,in most cases,directly determine the liability of the parties to the accident,and then make a judgment on the compensation of the infringer.The court did not play its leading role in the whole process.The court should reorganize the evidence materials based on the disputes between the parties.Form a complete chain of evidence,complete and rigorous review of facts and evidence on the basis of existing traffic accident recognition.To form a dispute resolution mechanism which divides traffic accident tort liability into the center of the court.On the basis of our existing system,responsible for each link in the process of the road traffic accident acceptance letter,set up the legal supervision responsibility system,we should also give full play to the advantages of public power,to provide scientific road traffic accident recognition for traffic accidents.The court will use an objective and professional road traffic accident letter as evidence of liability for traffic accidents,instead of simply relying on traffic accidengt acceptance letter.To enhance the validity of the evidence in civil litigation,reducing the court's professional restrictions on cases of traffic accidents,it will enhance the credibility and judicial authority of China's judiciary.
Keywords/Search Tags:traffic accident report, civil action, the evidence effec
PDF Full Text Request
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