Research On The Law Of Traffic Accident Identification

With the continuous development of science and technology,the number of motor vehicles and the increasing number of motor vehicle drivers in China,traffic accidents also occur more frequently,followed by a variety of civil disputes and litigation cases caused by traffic accidents.As a document that can restore the facts of the case,analyze the causes of traffic accidents,and make responsibility distribution for the occurrence of traffic accidents,the traffic accident identification letter plays an important role in solving traffic accident disputes fairly and promoting the construction of harmonious society and legal society.As soon as the traffic accident confirmation letter appears,its nature has been controversial.Some scholars believe that it is an administrative act made by the administrative organ,while others believe that it is the evidence to support the case.With the promulgation of Article 73 of "road traffic safety law" on May 1,2004,the evidential attribute of the traffic accident identification letter has been confirmed.But what kind of evidence does the traffic accident identification belong to has been controversial.There are mainly expert opinion theory,witness testimony theory,inquest record theory and documentary evidence theory.The most mainstream is also generally accepted in practice,that is,the traffic accident identification book is regarded as the documentary document in the documentary evidence.Based on the summary of 100 traffic accident cases,this paper points out the problems existing in the application of traffic accident identification as evidence in litigation: high acceptance rate,pre-determination and imperfect relief system.Then this paper analyzes the causes of these problems from psychological factors,legal factors and practical factors,and finally analyzes the outstanding achievements of traffic accident identification system in other countries Finally,some suggestions are put forward to improve the identification system of road traffic accidents in China.