A Study On The Justiciability Of Traffic Accidents

The concept of judicial litigation in administrative litigation in China has been constantly changing,from the stage of accident identification to the stage of adversity,and the evolution from the ad hoc stage to the non-action stage,reflecting the development of administrative litigation in China.Many problems in the process.With the revision of the Administrative Litigation Law in 2014,the new administrative law value concept of further strengthening administrative supervision,further improving the quality of administrative law enforcement and further safeguarding the people’s rights and interests has gradually gained popularity among the people,and the complaint of traffic accident identification is still not within the scope of the case.The regulations do not conform to the contemporary legal concept.This paper applies the methods of comparative analysis and material analysis.From the theoretical level,the existing legal system level and the system operation,it analyzes the lawsuitability of traffic accident identification,proposes effective relief methods,protects the legitimate rights and interests of the parties,and builds a good Traffic management order,promote the administration of the traffic management department according to law.First of all,the first part of this paper conducts a comprehensive analysis of traffic accident identification behaviors,clarifies the subject object,content purpose and consequences,and makes a basic analysis.Then it analyzes the main obstacles in the litigation of traffic accidents,including the theoretical level and the actual operational level.It is concluded that the biggest obstacle to the identification of traffic accidents is that its nature is unknown.Combinemultiple doctrines to define the nature of accident identification,and then bring it into the context of the new administrative procedural law to analyze the plaintiff and defendant qualifications for accident identification.Finally,explore ways to achieve a possible complaint of traffic accidents.