Research On Legal Issues Of Administrative Mediation Of Traffic Accident Disputes

Traffic accident dispute is a kind of common civil dispute in life,these disputes often have the following characteristics: The main body of traffic accident dispute is not clear;the demand gap of traffic accident dispute is large;the case is so controversial,the resulting contradictions are very acute;damage and accident compensation are complicated and often to produce big disagreements;in addition to civil liability may also face administrative responsibility and criminal responsibility.The above characteristics of traffic accident disputes increase the complexity and difficulty of dispute settlement.Generally speaking,traffic accident disputes can be handled and resolved through self-reconciliation,mediation,litigation and other ways,among which administrative mediation is one of the most important ways.The administrative mediation of traffic accident disputes mentioned in this paper refers to the non-mandatory behavior that the traffic police department,according to the requirements of China's laws,administrative regulations,local regulations and rules,makes the persons responsible for the traffic accident disputes,the victims and the interested parties reach an agreement voluntarily on the basis of equal consultation through persuasion and persuasion,so as to solve the disputes and contradictions.Using reasonable administrative mediation means to deal with traffic accident disputes not only contributes to the efficient,professional and fair settlement of traffic accident disputes,but also can ease the tension caused by the disputes between the two sides of the accident,which is of great significance for maintaining social stability and harmonious development.Based on the combination of theory and practice,analyzes the significance of the existence of administrative mediation system of traffic accident disputes,the subject of administrative mediation,the procedure,the effectiveness of administrative mediation agreement and other contents,reveals the current situation and deficiencies of the system of administrative mediation of traffic accident disputes in China,it reveals the problems existing in the operation of relevant systems,the main shortcomings of the administrative mediation system of traffic accident disputes in China are as follows: the legal system of administrative mediation of traffic accident disputes is not perfect,and there is a lack of effective connection between people's mediation and judicial mediation in legislation;Part of the traffic police who are responsible for administrative mediation of traffic accident disputes have insufficient understanding of the importance of administrative mediation and lack of necessary supervision and control mechanism for the traffic police engaged in mediation.The relevant legal knowledge and content of administrative mediation are not comprehensive enough,the understanding is not deep enough,and the ways and methods of mediation are not properly used.The procedure system of administrative mediation of traffic accident disputes,such as openness,notification and avoidance,is not sound enough.The effectiveness of the administrative mediation agreement after the mediation of traffic accident disputes is not clear enough.in view of the above problems,the paper puts forward relevant suggestions,Suggestions include:construction to perfect the legislation system,perfecting the big mediation mechanism construction;Improve the ability of traffic police to mediate traffic accident disputes;To construct a new internal system and management system;Standardize traffic accident dispute mediation behavior,enhance public credibility;To clear the effectiveness of the traffic accident dispute mediation agreement;Reform and innovation and the full integration of existing science and technology.The paper thinks that we should actively promote the construction of administrative mediation system,promote and enhance the efficiency and fairness of traffic accident dispute settlement,and give full play to the advantages of administrative mediation in resolving traffic accident disputes.