交通事故责任认定法律制度之研究(10)

for traffic accidents is not a concrete administrative act but an expert conclusion, a kind of evidence, that People’s Court can only adopt the establish or not and cannot examine the determination and make a judgment. Supporters hold that the determination of the liability for traffic accidents is a concrete administrative act but not an expert conclusion and that People’s Court may examine the establishment of the liability for traffic accidents and make a judgment according to Administrative Litigation Act.

The author is for the idea that the establishment of the liability for traffic accidents accords with the characters of administrative acts and is actionable. The reasons are as follows: the establishment of the liability for traffic accidents belongs to concrete administrative acts in view of the characters of concrete administrative acts; the determination belongs to concrete administrative acts as well in view of the comparison between the establishment of liability and expert conclusion; the establishment is actionable in view of the scope of hearing administrative litigation; the party who has objections to the establishment of the liability should be allowed to bring an administrative action in view of the legislative intent for administrative litigation; the legal issues concerning administration tends to be factually examined in view of international developing trends.

Part five, pondering over perfecting the legal system concerning the establishment of the liability for traffic accidents.

Certainly, bringing the establishment of the liability for traffic accidents into administrative litigation may lead to the solution of many problems. But not all problems can be solved by means of it. So it is necessary to reform the system of establishing the liability for traffic accidents, strengthen the internal supervision of public security organs and implement the system of freedom of action.

I. Set up independent organs to establish the liability for traffic accidents. Put an end to the public security organs’ full control over traffic accidents. Public security organs should be only in charge of inspecting the scene and make an investigation on cases, while the establishment of the liability for traffic accidents should be under the control of other independent organs.

II. Strengthen the internal supervision over the establishment of the liability for traffic accidents, including the pre-examination of the establishment of the

百度搜索“77cn”或“免费范文网”即可找到本站免费阅读全部范文。收藏本站方便下次阅读，免费范文网，提供经典小说教育文库交通事故责任认定法律制度之研究(10)在线全文阅读。