Research On Legal Issues Of Responsibility Identification Of Road Traffic Accidents

As a means of transportation,motor vehicles are becoming more and more popular.While bringing convenience to people,the occurrence of road traffic accidents is also inevitable.The number of road traffic accidents in China shows a steady growth trend year by year.A scientific and reasonable road traffic accident liability identification system will play an important role in clarifying accident liability,solving accident disputes and safeguarding the legitimate rights and interests of all parties.However,the problem of whether the responsibility determination behavior of road traffic accidents can be sued has been concerned and discussed by the academic circles.Through the in-depth analysis of the administrative ruling and civil judgment involving the dispute of road traffic accident liability identification,this paper explores the specific application of the road traffic accident liability identification system in China’s judicial practice.The basic idea of this paper is to demonstrate the nature of the responsibility identification behavior of road traffic accidents,and then explore the relief ways of the responsibility identification behavior of road traffic accidents.Firstly,this paper takes the two theories of road traffic accident liability identification behavior("evidence theory" and "behavior theory")as the research starting point.This paper analyzes and demonstrates that the act of liability determination has both the attribute of civil evidence and the attribute of administrative act,and the attribute of civil evidence of the act is only the subsidiary attribute,and the attribute of administrative act is the main attribute of the act of liability determination.From this,it can be concluded that the opinions on whether the determination of traffic accident liability belongs to specific administrative acts and whether it can be included in the scope of administrative litigation(hereinafter referred to as the opinions)issued by the law working committee of the Standing Committee of the National People’s Congress deviates from the understanding of the effectiveness of the determination of road traffic accident liability.It is further assumed that the above deviation is the direct cause of the problem of responsibility identification of road traffic accidents.The problem of liability determination in road traffic accidents is essentially a problem of legal interpretation.Therefore,this paper investigates the normative situation of China’s road traffic accident liability identification system and the judicial practice in recent years,in order to further explore the problems existing in China’s road traffic accident liability identification system.After in-depth analysis,it is concluded that the road traffic accident liability identification system has the following problems in judicial practice: there are deviations in legal interpretation,the identification standard is too general,the procedural system has defects,the cross examination standard is too harsh,and the relief ways need to be expanded.Finally,the corresponding solutions to the above problems are put forward one by one,including the introduction of legal interpretation,the unification of liability standards,the improvement of procedure system,the inversion of the burden of proof and the inclusion in administrative judicial review.This paper consists of six parts.The first part is the introduction,which mainly introduces the research background and significance,research methods and content,innovation and literature review.The second part is the analysis of the legal nature of road traffic accident liability identification behavior.The third part obtains the specific application of the road traffic accident liability identification system in China’s judicial practice through the investigation of the code of conduct of road traffic accident liability identification and the judicial practice in recent years.The fourth part summarizes the problems existing in the judicial practice of the road traffic accident liability identification system in China on the basis of the research data in the third part.The fifth part puts forward solutions to the problems summarized in the fourth part one by one.The sixth part summarizes the research conclusions of the article.