Study On Legal Application Of Traffic Accident Recognition Letter In Civil Procedure

The certificate of road traffic accident cognizance should only be regarded as one piece of evidence,but it has become the "Per-judgment" in the case of traffic accident tort compensation in civil litigation.Through the empirical research on 500 judgment documents of compensation for motor vehicle traffic accident infringement cases in Xuzhou City,it is found that the courts basically determine the facts of the case directly based on the confirmation of the facts in the road traffic accident confirmation letter,and divide the share of the tort liability of the parties in the traffic accident by the confirmation letter,and then determine the compensation share of the infringes accordingly.The liability in the certificate of traffic accident cognizance is basically the same as that of the court in handling traffic accident tort cases,which does not conform to the scientific law of case trial and judgment.There are many problems in the application of the accidental cognizance by the court,so blind obedience should be avoided.What kind of evidence law does not stipulate in traffic accident cognizance,the standard of accident cognizance is not unified,and the nature of accident liability is not clear,which will affect the application of the court to the accident cognizance.In addition,the certificate of traffic accident is used as evidence,its proof force is unstable and vulnerable to external factors,so it needs to be strengthened.There are some misunderstandings in the court’s examination of road traffic accident cognizance.The direct acceptance of road traffic accident cognizance misinterprets the essential requirement of "uniform judgment scale".As evidence of civil litigation,road traffic accident cognizance should refer to its fact cognizance part,which should not include the party’s liability cognizance part.Therefore,the author tries to put forward the unified standards of traffic accident liability identification,improve the mechanism of traffic accident identification,build the system of traffic police officers appearing in court and establish expert appraisal system to strengthen the proof of the certificate of identification,and then through comprehensive review,strictly apply the rules of evidence in civil proceedings to make the certificate of traffic accident identification in civil proceedings.It can also have legitimacy and legitimacy,and provide a way for the people’s court to examine the traffic accident cognizance statement and other evidence to make cognizance of the facts of the case.