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Discussion On The Determination Of Traffic Accident Responsibility Between Motor Vehicles And Non-motor Vehicles

Posted on:2019-08-08Degree:MasterType:Thesis
Country:ChinaCandidate:S WeiFull Text:PDF
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Road traffic accidents between motor vehicles and non-motor vehicles are the most common and the largest proportion of all types of traffic accidents,resulting in disputes and social conflicts in recent years are also rising.Identification of traffic accident liability refers to the behavior that the public security organ,after ascertaining the cause of the traffic accident,cognizes the liability of the party for the traffic accident according to the causal relationship between the party's violation and the traffic accident and the role of the violation in the traffic accident.The identification of traffic accident liability is a typical specific administrative act,with administrative,single,professional and neutral characteristics.As the most important and key link in the process of dealing with traffic accidents,only by accurately identifying the responsibility for accidents,the subsequent civil compensation,administrative punishment and criminal punishment can be justified by law.However,in practice,there are still three problems in the determination of liability for traffic accidents:in legislation,the standard of liability determination is not clear,and the standard of "non-motor vehicle" is confused;in procedure,the responsibility determination lacks supervision,the subject of law enforcement is not standardized and the system of inspection and identification is confused;in relief methods,the existing law.The law regards the determination of liability as a kind of evidence and excludes litigation against it.The only remedy is the internal review system,which has little effect.Because of the above reasons,the field of responsibility determination often becomes the area where the relations among motor vehicles,non-motor vehicle owners,traffic police departments and judicial organs are complicated and the conflicts and contradictions are easy to arise.In order to create a good traffic environment,properly settle disputes and protect the personal and property interests of the parties concerned,the perfection of the liability determination system can be remedied in three aspects:in legislation,it is necessary to further clarify the liability determination rules for motor vehicle and non-motor vehicle traffic accidents,and introduce the theory of causality to eliminate them.At the same time,more stringent"non-motor vehicle" standards should be formulated;the degree of democratic participation should be strengthened,the administrative hearing system should be introduced in the process of responsibility determination,and the identification and inspection link should be standardized;finally,the relief methods should be improved on the basis of respecting the existing legal system framework.The review system makes a more scientific design for the composition and operation of the review committee.At the same time,administrative litigation should be taken as an important way of relief to strengthen the judicial review of the behavior of responsibility determination.
Keywords/Search Tags:Traffic accident, Responsibility cognizance, Non motor vehicle, Administrative hearing, Administrative litigation
PDF Full Text Request
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