On the Justiciability of Road Traffic Accident Identification in China

Li CHENG

Abstract


In China, the identification of road traffic accident has a significant effect on the administrative responsibility, criminal responsibility and civil responsibility incurred by a traffic accident. However, the legal nature of traffic accident identification has long been a controversial issue causing endless debate in judicial practice. Inspired by two judicial cases, the author clearly sets forth the concepts of traffic accident and traffic accident identification in China in the first place and then analyzes the nature of traffic accident identification, thus coming to the conclusion that traffic accident identification should be considered as a concrete administrative act with justiciability.


Keywords


Traffic accident; Traffic accident identification; Concrete administrative act; Justiciability

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References


Jiang, M. A. (2011) Administration law and administration litigation law (p.191). China: Beijing University Press.

Li, X. M., Shao, X. H., & Cui, Z. L.(2003). Pandect of traffic administrative law (p.152). China Communications Press.

Ma, H. D. (2008). Administrative litigation law (p.41).China: Beijing University Press.

Wei, G. N. (2004, November). Research and analysis on the written confirmation of the traffic accident from the perspective of science of evidence law. Supplementary Issue of Guihai Tribune.




DOI: http://dx.doi.org/10.3968/%25x

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