Research On Judicial Application Of Traffic Accident Determination In Civil Litigation

A traffic accident determination letter is a document issued by the traffic department to record the facts and causes of the traffic accident,and to determine the responsibility of both parties involved in the accident.The traffic accident determination letter is an important basis for the court to decide traffic accident cases in judicial practice.Due to the different professional levels of traffic police officers who deal with traffic accidents,and the lack of uniform standards for the determination of accident responsibility by the traffic department,in practice,it is easy to identify different accident responsibilities for similar traffic accident situations.However,because the traffic accident determination document is issued by the administrative organ of the traffic police department,the document is often mistaken as a "quasi-judicial judgment".In the trial of relevant traffic accident cases,the court directly determined the probative force of the document,consciously or unintentionally,ignoring the parties’ request for cross-examination of the evidence.The direct consequence is that the question of what kind of evidence the traffic accident determination letter belongs to and its probative force are covered up,thereby confusing the difference between traffic accident liability and civil compensation liability.In view of the above problems,this paper starts from the existing legal norms,combines the formation process of the traffic accident identification letter,the review rules of the traffic accident identification letter,and compares and discusses various theories.The certificate is judged to be a public document.By comparing the evaluation rules on the formation of traffic accident determinations and the probative force of cross-examination and notarial documents,and combining the existing research results of notarial documents in my country,different types of notarial documents are established to evaluate the probative power.review.By further strengthening the judicial review related to the traffic accident determination letter,the effect of the traffic accident determination letter being more effectively cross-examined and authenticated in civil litigation can be achieved.