Study On The Legal Issues And Countermeasures Of Road Traffic Accident Liability Identification

The Traffic Accident Handling Procedure Provisions issued by the public security department clearly mentioned in Article 46 that after a traffic accident occurred,the traffic management department should take responsibility according to the behavior and the influence of the involved personnel at the time of the accident Identified.The characteristics of traffic accident responsibility identification are administrative,unitary,professional,special,legal effect and neutral.In the course of determining the relevant responsibilities of the traffic accident liability certification,the Traffic Traffic Safety Law of the People’s Republic of China stipulates clearly that the traffic administrative department of public security should collect,sort out,investigate and analyze the relevant information according to the actual situation of the accident site And a series of process after the objective and accurate results,at the same time to develop a complete responsibility for traffic accident that this is the most powerful description of the responsibility that.The constitutive elements of traffic accident liability mainly include damage,causality and fault.The author of the current stage of the application of the "Road Traffic Safety Law",and its corresponding supporting laws and regulations and regulations to carry out research and practical cases to focus on analysis,and ultimately found that China’s responsibility for traffic accidents that there are some problems,In the road traffic accident that the nature of the certificate is unclear,the responsibility for traffic accident that does not meet the due process requirements,the law provides that the traffic accident is a one-time identified without relevant relief measures.In view of these problems,this paper puts forward some countermeasures,such as clarifying the nature of evidence of road traffic accident,establishing modern road traffic accident responsibility system,perfecting the legal remedy of road traffic accident liability and so on.