Study On Responsibility Determination Of Road Traffic Accidents

Since the 19th National Congress of the CPC,China's economy and society have been developing at a high speed.The number of motor vehicle owners and drivers in China has increased rapidly.Correspondingly,the construction of road traffic supporting facilities and laws and regulations have lagged behind.The frequent occurrence of road traffic accidents has greatly endangered people's lives and property safety.When a traffic accident occurs,the victims and their relatives hope that the relevant departments can reasonably solve the accident and arrange the corresponding compensation work.One of the relevant departments is the traffic management department of the branch of the public security organ.As the main legal department of traffic accidents,it must bear the corresponding responsibility.The identification of responsibility for road traffic accidents is the most important part of the whole process,because it is not only a process of dealing with the law,but also requires the relevant personnel to have professional qualities,which reflects the public security departments in the event of traffic accidents respect for the situation on the spot,as well as the causes of the accident,the responsibility of both sides.Appointed thinking and investigation."Road Traffic Safety Law" and other relevant laws and regulations pointed out:traffic management departments in accordance with relevant laws to determine whether there are illegal acts on both sides of the accident,if there is,according to the size of the loss caused by different degrees of punishment and compensation measures.Therefore,two principles must be adhered to when the relevant departments determine the liability for road traffic accidents.The first is to determine the liability of both parties to the accident according to the law,and to determine the obligations which need to be fulfilled first.The second is to find out the law-breaking behavior of both parties to the traffic accident and to follow the serious law.The extent to which the two sides of the accident should be punished and the responsibilities they need to bear.The identification of responsibility for road traffic accidents from the root,is a survey and analysis of the causes of accidents.The principles for determining the liability of road traffic accidents stipulated by the traffic administrative departments of public security organs are whether the two parties to the accident have committed any illegal acts,whether they involve administrative penalties,and whether they have acted in violation of the criminal law.In the process of identifying the responsibility of road traffic accidents,it is possible to cause obstacles in identifying the responsibility of road traffic accidents because of not knowing the basic concept of road traffic safety law or not identifying the real causes of accidents.Road traffic accident liability determination is not only a legal work,but also requires relevant personnel to have practical experience and professional accomplishment,with a certain degree of authority,and a broad audience,for the new situation in the continuous occurrence of traffic accidents,we need to cultivate legal concepts,act according to law,better to complete.Work,accumulate experience in constant practice,cultivate the awareness of serving the people,and work down-to-earth.In this paper,the author has explained the necessity and importance of road traffic accident liability cognizance.In view of the theory related to traffic accident and through the analysis of practical cases,the author has deeply analyzed the loopholes existing in the process of road traffic accident liability cognizance under the current legal framework,and judged the accident based on the working process.The problems of evidence collection,the lack of legal basis for determining the liability of road traffic accidents,the problem of assessing the parties responsible for the accidents and the problem of compensation for the victims are summarized.