交通事故责任认定法律制度之研究(8)

accidents.

According to Methods for Road Traffic Accidents, the duties of public security organs in dealing with traffic accidents are as follows: handling the scene where traffic accidents take place, establishing the liability for traffic accidents, imposing punishment against persons who caused the traffic accident and mediating the remedies for damages. Herein handling the scene where the traffic accidents take place is the premise and the basis. The establishment of the liability for the traffic accident is the key to dealing with traffic accidents. How to punish offenders and in what degree offenders have to assume the responsibility for remedies whole depend on whether offenders should assume the liability and the degree of the liability. It can be concluded that the working quality of dealing with traffic accidents depends on the correctness of establishing the liability for traffic accidents.

Part three, problems concerning the establishment of the liability for traffic accidents.

Although the party involved in the traffic accident who has objections to the establishment of the liability may apply to the higher public security authority for re-establishment, the internal supervision seems to be weak and useless in practice. According to Regulations on the Procedure of Handling Road Traffic Accidents, the re-establishment of the liability for the traffic accident is regarded as the final decision. If the party involved in the traffic accident who still has objections to the re-establishment has no right to apply for re-establishment. According to Notice on Relevant Issues with Respect to Handling Road Traffic Accidents jointly issued by the Supreme Court and the Ministry of Public Security in December 1st, 1992, People’s Courts will not hear the administrative case brought by the party who has objections to the establishment of the liability for the road traffic accident. In this case, the following consequences will be brought about: the legal rights and interests of the party involved in the traffic accident cannot be protected in time due to the lack of necessary way to gain relief; the organs dealing with traffic accidents cannot ensure the working quality due to the lack of necessary supervision; in practice, such phenomenon as giving reduced punishment or exempting from administrative and criminal penalty in exchange for more remedies often occurs, which blasphemes the dignity and

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