交通事故责任认定法律制度之研究(9)

authority of law. So it is of great importance to exercise effective supervision over the establishment of the liability of traffic accidents.

Part four, the suability of the establishment of the liability for traffic accidents.

The problems concerning the establishment of the liability for traffic accidents in practice, provoke the thoughts of many learned men. They feel unanimously that it is a basic way to legalize the determination of the liability for traffic accidents to bring the establishment of the liability for traffic accidents into the scope of hearing administrative litigation. The party who has objections to the establishment of the liability for the traffic accident may bring administrative litigation to the People’s Court in accordance with Administrative Procedure Law. However, an agreement has not been reached in the issue. The author is willing to have a discussion about the issue as follows:

I. The necessity of bringing the establishment of the liability for traffic accidents into the scope of hearing administrative litigation. The establishment of the liability for traffic accidents is an important power granted to public security organs. It involves the right of person and right in property, as well as whether good traffic order can be set up. With the development of the construction of democracy and legal system, people come to realize that where there is power, there is control and relief. The power will be abused if there is no control. Administrative litigation, as an important restraint form and system imposed on administrative power, is credited with the last defense for rights. Its function is the most obvious among various subsequent relief measures. It will contribute to promoting the quality of establishing the liability for traffic accidents to bring the establishment of the liability for traffic accidents into the scope of administrative litigation and to make legal examinations by People’s Court. It is an effective way to prevent from the abuse of power.

II. The feasibility of bringing the establishment of the liability for traffic accidents into the scope of hearing administrative litigation. The necessity of the determination of the liability for traffic accidents has been mentioned above, but there is a controversy over its legal feasibility. Many comrades in public security organs are against the idea, while most comrades in theoretical circle and People’s Courts are for it. Opposers hold that the determination of the liability

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