On The Justiciability Of Road Traffic Accident Identification

With the development of the traffic industry,the number of traffic accidents in China is increasing.The identification of traffic accidents through investigation and appraisal will have an impact on the personal rights and property rights of the parties,as well as the administrative,civil and criminal responsibilities of the parties.At present,traffic accident identification has not been included in the scope of judicial review in judicial practice.From the perspective of administrative law and administrative procedure law,the author analyzes whether traffic accident identification can be included in the scope of judicial review and how to bring it into the scope of judicial review to ensure the supervision of traffic accident identification and the relief of relative rights so as to ensure the quality of traffic accident identification.This paper is divided into five parts.In the first part,the author analyzes the concept of traffic accident identification,analyzes the nature of traffic accident identification on the basis of summarizing the current academic views and practical experience,and obtains the author’s own views.In the second part,the author starts from the system related to traffic accident identification,analyzes the evolution and current situation of the system,and finds out the deficiencies and causes of the system related to traffic accident identification.The third part,combined with the second part,discusses the necessity of judicial review of traffic accident identification from the perspectives of theoretical and practical needs and law enforcement.In the fourth part,the author demonstrates the feasibility of bringing traffic accident identification into the scope of judicial review from the perspective of legal system,theoretical basis,current judicial and law enforcement environment improvement.In the fifth part,the author discusses how to bring traffic accidents into the scope of judicial review,and discusses the author’s ideas from three perspectives of legislation,law enforcement and judicature.