Study On The Legal Nature And Effectiveness Of The Identification Of Traffic Accident Liability Of Traffic Police

In China,it is the granted right to the Public Security’s Traffic Management Department to investigate and establish liability in roadway traffic accidents.The Traffic Control Department establishes traffic accident liability and provides Traffic Accident Liability Reports after investigating the accident location and analyzing the cause of the accident.At present,according to the provision 73 of the Road Traffic Safety Law,the Traffic Accident Liability Report shall be used as evidence to resolve disputes in traffic accident cases for civil litigation.Due to the this provision,the parties involved cannot file administrative lawsuits in court against an issued Traffic Accident Liability Report after release by the Traffic Control Department.Therefore,the court’s judgments regarding sentencing of the violator will largely depend on the degree of severity of the violator’s illegal behaviors established in the Traffic Accident Liability Report.However,first,the Traffic Accident Liability Report’s objectivity and accuracy relies heavily on the on-site traffic police’s investigation competency and professional code of conduct.In this regard,it is possible that the traffic accident liability results for all parties involved established by the on-site traffic police could be based on biased evidence and the on-site police’s subjective judgement.Second,the Traffic Control Department’s complete control of the immediate traffic accident scene not only restricts the right of parties involved to obtain independent on-site evidence on their own,but also hinders them from obtaining evidence at the accident site later.Third,because the parties involved have limited right to obtain on hand evidence at the traffic accident site,in the event of any discrepancies in the issued Traffic Accident Liability Report,the court only uses the issued Traffic Accident Liability Report as evidence of review.In this way,more leeway is afforded to traffic police to abuse their power corruptly,rather than providing proper and efficient legal relief measures protecting the legitimate rights of the parties involved.Hence,domestic academia circles are currently divided on the legal nature of establishing traffic accident liability and the relief measures towards parties involved.In that view,this thesis begins with the "Road Traffic Safety Law" as the basis,focuses on the academic disputes over the nature of establishing accident liability,and analyzes and synthesizes the current relief dilemmas faced by the parties involved in the establishing accident liability.Furthermore,while clarifying the foundational concept of traffic accidents,this thesis summarizes the basic characteristics of establishing traffic accident liability and principles to follow.Next,after reviewing current administrative laws,regulations and related theories,this thesis conducts a comparative analysis and discussion on establishing traffic accident liability from both public and private law fields,which in turns clarifies the legal nature and effectiveness of establishing traffic accident liability.Finally,this thesis proposes suggestions about how to improve the system of establishing traffic accidents liability and enhancing the relief measures for the parties involved in the accident.