交通事故责任认定法律制度之研究(7)

of automobile consuming, how public security organs exercise the power to establish the liability for traffic accidents will increasingly affect the exercise of civil rights. Thus, a more scientific system have to be established to ensure correctly exercising administrative power so that civil rights can be treated more impartially and respected in face of power and be given relief when infringed.

In view of this, the paper makes an all-round and systematic research in the system of establishing the liability for traffic accidents, in hope for making some contribution for the further development of the system.

Part one, the content of establishing the liability for traffic accidents.

The establishment of the liability for traffic accidents refers to the public security organs’ quantitative and qualitative determination of acts in violation of regulations exercised by parties involved, as well as the casual relationship between acts in violation of regulations and injurious consequences caused by traffic accidents after the public security organs have found out the cause of traffic accidents. Article 17 of Methods for Road Traffic Accidents issued by the State Council stipulates that after the cause of the traffic accident becomes clear, the public security organs should establish the liability of the party according to the casual relationship between acts in violation of regulation and the traffic accident as well as the role of acts in violation of regulation in the traffic accident. If the acts exercised by the party are in violation of regulations and there is casual relationship between the offence against regulations and the traffic accident, the party should be responsible for the traffic accident. Otherwise the party should not. The liability for traffic accidents includes full liability, major liability, equal liability and secondary liability. The public security organs go through the processes of reviewing materials, establishing the liability and making reports for examination and approval before establishing the liability for traffic accidents. If the party considers the establishment of the liability for the traffic accident is improper, he may, within 15 days from the date of receiving a copy of the written establishment of liability, submit a written application to higher public security authority for re-establishment. The higher public security authority shall, within one month from the date of receiving the application, make a decision for affirmance, reversal or withdrawal.

Part two, the importance of establishing the liability in dealing with traffic

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