Research On The Litigability Of Traffic Accident Certificate

The confirmation of road traffic accident is a legal document made by thetraffic control department of the public security organ.The confirmation letter which is sent to the responsible persons of the accident contains the causes of road traffic accidents,the basic facts related to the accident,and the division of the responsibilities of the parties.The confirmation of road traffic accident is regarded as the strong evidence of the judicial practice.And the results of it contains the responsibilities size of the parties,which will has influence on whether the parties shall bear civil liability,administrative liability and criminal liability and the size of responsibilities.Within the framework of the existing legal system in our country at present,the administrative litigation against the confirmation of road traffic accident is not allowed to accept.If the parties is not satisfied with the confirmation of road traffic accident,the only way they can do is to apply to the superior public security organs for review.Obviously,there is no practical judicial supervision on the behaviors of public security organ.That is to say,the administrative principle of "the right to be supervised" has been defeated to some extent by this law.The cognizance process of road traffic accident confirmation depends on the traffic police ’ s professional ethics,which is very easy to set aside "free" space and multiply corruption,infringing on the citizen’s legitimate rights and interests.It does not conform to the rule of law in modern society.In this paper,three cases are selected from the following aspects: the first part makes a brief summary of the case and litigation process,and then summarizes the focus of the case response;The second part analyzes the focus of the case.First,the paper makes a sketch of the concept of the traffic accident confirmation,the provisions of the law on traffic accident in our country,the evolution of trafficaccident confirmation against the legal provisions,and analyzes the flaws of the regulations by the law to the traffic accident confirmation.Secondly,this paper briefly analyzes the related doctrines of traffic accident identification.The traffic accident identification should be includes in the scope of administrative litigation accepting cases.The third part analyzes the revelation of the case.The specific administrative act of the traffic accident confirmation is used as evidence,Which can institute the administrative reconsideration and administrative litigation.Then the author puts forward some suggestions to perfect the traffic accident identification procedure.To perfect the traffic accident confirmation letter,the form of judicial interpretation must be perfected.First of all,we should perfect the process of the accident identification,and then establish the administrative litigation system against the confirmation.The hearing of witness based on perfecting the accident confirmation system must be introduced,the court which specially deal with the administrative litigation against the traffic accident confirmation must be established.