Effectiveness Of The Traffic Accident Identification Report In Administrative Proceedings

With the further improvement of China’s economic development and people’s living standards, as well as acceleration of the rhythm of people’s lives, motor vehicle has become an indispensable travel tool in people’s daily life. It is because the number of vehicles has gradually sprung up that the number of accidents rapidly rises. From the perspective of social justice, traffic accidents identification plays a crucial role in the process of dealing with traffic accidents. It is the basis of the rights and obligations assumed by the parties, and it can directly affect the division of the parties’ responsibilities, so it is the key to resolving the disputes of the parties. With the awakening of people’s rights-based idea that centers on rights in modern society, people’s consciousness of rights enhances. When traffic management departments make errors or make identification that does not meet the parties’ expectation in traffic accidents identification, the parties will start remedy procedures and file an administrative litigation in order to prevent the infringement from the state power of administration department. In this case, the nature of the traffic accident identification report and its effectiveness in administrative proceedings is very crucial.The nature of traffic accident identification report is defined in Approval on whether local government legal organizations can accept the application for reconsideration of traffic accident identification introduced by the Ministry of Public Security in 2000 as appraisal opinion(it is originally “appraisal conclusion”, but due to legal changes, it is changed from the original “appraisal conclusion” to “appraisal opinion”). However, the identification of traffic in academia includes theories such as theory of specific administrative act, theory of administrative confirmation, theory of compromise and theory of fronting administrative act. These theories still have great influence in the process of trials, so it is still necessary to study the identification of the nature of traffic accident identification report.When the parties file an administrative litigation to the people’s court because of refusing administrative punishment with traffic accident, the people’s court should first review the legality of the traffic accident identification act on the basis of legality censoring rule after accepting the treatment. If the act is illegitimate, the administrative punishment act will be confirmed to be illegal, and traffic management departments will be commanded to re-identify. If the act is legitimate, the court will further censor the evidence competency of traffic accident identification report in order to promote justice and improve judicial efficiency. This paper introduces the case that Wan does not accept the traffic accident identification and then brings it to the court, and it makes detailed analysis on the evidence competency of traffic accident identification report in administrative proceedings from the angles of legitimacy, relevance and authenticity.