Research On Susceptibility Of Traffic Accidents Identification

At present,with the continuous improvement of living standards,the use of transportation continues to increase every year.The number of traffic accidents that accompany it is only a lot.This poses a greater threat to the lives and property of the people,brings suffering and misfortune to many families,and affects social stability.Therefore,the handling of road traffic accidents has become a task closely linked with the people in social life.The identification of traffic accidents plays a vital role in this.China's "Road Traffic Safety Law of the People's Republic of China" and other laws and regulations regulate the handling of traffic accidents,but the law does not make clear the nature of traffic accident identification behavior.In practice,traffic accident parties have many dissatisfaction with the results of traffic accident determination,which has resulted in contradictions and disputes.In the process of determining a traffic accident,if the traffic management department infringes upon the legal rights and interests of the parties to the accident,the legal rights and interests of the parties to the accident cannot be effectively remedied through the relief channels designed by existing laws and regulations.Regardless of whether internal or external supervision of traffic accident identification work is implemented,the powers of administrative departments should be regulated to protect citizens' rights.This paper expounds from four parts: the first part starts from the concept and characteristics of traffic accident identification,analyzes the differences between traffic accident identification,technical identification and administrative adjudication.The second part expounds the current situation of whether the traffic accident identification can be sued from the perspective of the legal provisions as evidence and the lack of ways to protect the rights and interests of the parties,and lists the reasons why the traffic accident identification can not be sued.The third part discusses that the determination of actionable traffic accidents has necessary value from the aspects of conforming to the purpose of administrative procedure law and supervising administrative power.As well as the analysis of the legal basis for determining the actionable behavior of traffic accidents.The fourth part is the way to determine the actionable behavior of traffic accident.First of all,it is suggested that the legislative department should clarify the nature of traffic accident identification;secondly,it is suggested that the internal supervision of traffic accident identification should be strengthened by introducing the hearing system;thirdly,it is suggested that if there is any objection to traffic accident identification,a lawsuit can be filed,and the court should pay attention to the issues in the review.Finally,it is suggested to apply the principle of administrative remedy first to traffic accident identification litigation.The author believes that the dispute of traffic accident identification has a great impact on the interest conflict of the parties and also determines the credibility of the government.The judicial approach should be the last line of defense to protect the rights of the parties.It is suggested that the dispute of traffic accident identification should be solved in the public security system.In addition,through the training and selection of traffic police personnel,strengthen the quality ability of traffic accident police,build a team of people convinced,and reduce the infringement of civil rights from the source.