An Analysis On The Water Traffic Liability Determination Case Of Xu And Municipal Transportation Bureau

Whether the determination of liability for water traffic accidents is actionable is a complex topic.According to the legislative spirit of "Administrative Litigation Law" to protect citizens’ right to appeal,the determination of liability for water traffic accidents should be actionable,but from the current court trial practice,most cases are ultimately determined to be indictable.The main reasons for holding no acti on are as follows: First,it is believed that the determination of liability for water traffic accidents does not belong to a specific administrative act.The second,the determination of liability for water traffic accidents has no actual impact on rights and obligations.Third but not least,the determination of liability for water traffic accidents should refer to the determination of road traffic accidents.The sample case is Xu v.a city transportation bureau for the determination of water traffic liab ility.On June 28,2020,a water traffic accident occurred in a county located in Hunan Province.After the accident responsibility was determined by the county transportation bureau,the administrative counterpart Xu refused to accept it and applied to th e municipal transportation bureau for re-accreditation.After the Transportation Bureau rejected his application,Xu filed an administrative lawsuit against the Municipal Transportation Bureau.There are three points of contention in this case:(1)Can the determination of liability for water traffic accidents be reconsidered or litigated?(2)Xu’s application exceeded the time limit due to the wrong notification by the administrative organ,should the application be rejected?(3)Can the Municipal Transpor tation Bureau take the initiative to apply the statute of limitations when the other party does not propose a statute of limitations?Regarding the first focus of controversy,the determination of liability for water traffic accidents is a specific adminis trative confirmation act,which directly affects the rights and obligations of the parties,and determines the legal status of the parties in subsequent civil,administrative and criminal cases.There are no regulations excluded the scope of administrative litigation and reconsideration,so the determination of liability for water traffic accidents can be reconsidered and litigated.Regarding the second focus of controversy,from a legal point of view,Xu’s reliance interests should be protected,and the pr otection of reliance interests should take precedence over the administrative agency’s error correction.In fact,the administrative organ’s erroneous notification has brought real damage to Xu’s rights,and he should be given an opportunity to apply for r e-identification.In terms of trial practice,according to the trial thinking guidance of Supreme Court,the benefit of the time limit will not be lost due to the wrong notification by the administrative organ,so Xu’s application should not be rejected.Regarding the third disputed focus,for the stability and public determination of administrative management,the administrative organ should not apply the provisions of the statute of limitations for civil lawsuits by analogy but should actively review the time limit like administrative lawsuits,and lose the corresponding rights if the time limit is exceeded.Both of the determination of liability for water traffic accidents and the determination of road traffic accidents should be legally actionable,but t he number of road traffic accidents in our country is huge,and once the liability determination is actionable,the judicial cost will be difficult to bear.Therefore,the relevant laws and regulations clearly define road traffic accidents It is an "except ional treatment" in judicial practice that the accident is found not to be actionable.However,the number of water traffic accidents is relatively small,and its actionability is fully achievable.From the perspective of the interest theory of litigation,the determination of liability for water traffic accidents conforms to the necessity standard of the interests of the lawsuit and the effectiveness standard of the interests of the lawsuit.The determination is clearly included in the scope of acceptance of administrative litigation.