Research On The Legal Problems Of The Identification Of Road Traffic Accidents

Along with our country economy high speed development of the society, the flow of personnel and material of the unprecedented frequent, the whole society the rapid growth of car ownership and the number of drivers, and the growth rate of road traffic mileage is relatively slow, the road to the construction of safety facilities is relatively lag, causes the contradiction between people, vehicles, road and environment, the resulting number of road traffic accidents is also growing rapidly. Road traffic accidents seriously threatens people’s life and property safety, according to incomplete statistics, in recent years our country road traffic accidents per year on average since150000, personnel were injured more than150000people, killing staff70000people, the property loss of nearly1billion yuan. Road traffic accident happens, each of the parties and their families all hope to be able to get a fair treatment, can get reasonable accident damage compensation. The traffic administrative department of the public security organ is the legal main body of the processing of road traffic accidents. In the road traffic accident handling, road traffic accident is one of the most important link. Road traffic accident is a law and very professional work, is the traffic administrative department of the public security organ of the basic facts, the causes of traffic accidents and the behavior of the parties fault and accident responsibility and so on to make a concrete analysis and identified."Law of road traffic safety" and related regulations, the traffic administrative department of the public security organ shall, according to road traffic accidents illegal ACTS of the parties to the role of the traffic accident and the behavior of the fault severity, determine the road traffic accident liability of the parties., therefore, the traffic administrative department of the public security organ that road traffic accident, a to the parties confirm the road traffic accident should be in accordance with the statutory obligations, and where the parties concerned shall give priority to perform legal obligations, second, we must find the parties implement the cause of the illegal action of road traffic accidents and confirm the size of the role of the behavior in road traffic accidents, finally divided all parties of road traffic accident responsibility. Road traffic accident that is, in fact, the traffic administrative department of the public security analysis on the causes of road traffic accidents is confirmed for causes of road traffic accidents. The traffic administrative department of the public security organ to make the road traffic accident differentiates, is whether the parties shall bear civil liability, administrative liability and criminal liability of the legal basis. We want to avoid the public security traffic management department of road traffic accidents, simple equal to determine the civil liability of the parties, this should be recognized as an important evidence to the accident responsibility divided into material. In road traffic accident handling work practice, the basic concept of road traffic accident is not clear, did not distinguish between road traffic accident responsibility and civil liability for damages caused the traffic accident that difficult. Road traffic accident is a work there are both the rule of law thinking and practical skills, the law strictly, strong authority, professional high, wide mass, in the face of new situation new problems of the new situation, we should use the rule of law thinking way, the rule of law to go over the work, want to use learning attitude, practical and effective ways to carry out the work. In this article, the author further emphasized the research significance for road traffic accidents that, from the basic concept of road traffic accidents, the basic theory, this paper is based on the empirical analysis, under the framework of the existing legal system of road traffic accident that work has carried on the thorough analysis of existing problems, and the parties is not satisfied with the road accident that insufficient reiief way, traffic accident cognizance ruies, road traffic accident cognizance of confusion, road traffic accident of supervision and restriction and relief through existing disadvantages, accident treatment ability of police quality to improve the problems such as improve the road traffic accidents that measures are put forward.