The traffic police didn't read it carefully and issued the accident responsibility certificate, what should I do? ”
Xiao Wang was seriously injured in a traffic accidentHowever, the accident liability certificate issued by the traffic police department identified him as the main responsibilityAs a result, it is in an extremely disadvantageous position in the subsequent litigation and rights protection.
For this, he turned to us for helpHow can this unsatisfactory accident liability determination be overturned?
1. The issuance of a traffic accident liability determination by the traffic police is an administrative confirmation act
The so-called administrative confirmation refers to the act of an administrative organ to screen and determine or deny the legal status, powers and obligations of the administrative counterpart. Confirm the main characteristics of the act, and determine or deny the legal status or the relationship of rights and obligations of the administrative counterpart. Common administrative confirmations include: work-related injury identification, marriage registration, real estate registration, revolutionary martyr confirmation made by the human resources and social security department, etc., and the determination of traffic accident liability is also a type of administrative confirmation.
It is worth noting thatAdministrative confirmation is different from technical appraisalTechnical appraisal is generally a professional and technical assessment made by a special technical appraisal department, such as disability rating and professional title evaluationTechnical appraisal is not an administrative act. Administrative confirmation is an act with statutory certainty made by an administrative organ, and the subject and effect of the two are fundamentally different.
2. The issuance of a traffic accident liability certificate by the traffic police does not fall within the scope of administrative reconsideration or litigation
In general,An act of administrative confirmation is an administrative act that has a greater impact on the rights and obligations of the administrative counterpart, and falls within the scope of administrative reconsideration litigation. For example, if the decision issued by the human resources and social security department does not recognize work-related injuries, the employee will not be able to enjoy work-related injury compensation; The immovable property registration department mistakenly registers the real estate of X A in the name of X B, which will cause X A's property interests to suffer significant losses; Criminals register the marriage information of the counterpart in the marriage registration department by impersonation, which will make it impossible for the real counterpart to register the marriage information ......If the counterpart is not satisfied with such an act of administrative confirmation, it can protect its own legitimate rights and interests in a timely manner through administrative litigation and administrative reconsideration.
However, the traffic accident liability certificate is an "alternative" among them. In 2005, the National People's Congress (NPC) issued a special interpretation on the determination of responsibility for road traffic accidents, holding that "the traffic accident liability determination certificate prepared by the traffic management department of the public security organ shall be used as evidence in handling traffic accident cases."。Therefore, the determination of responsibility for traffic accidents is not a specific administrative act, and an administrative lawsuit cannot be filed with the people's court. "Since it is not possible to file an administrative lawsuit, it does not fall within the scope of administrative reconsideration. The National People's Congress's characterization of the determination of responsibility for traffic accidents as "evidence" has eliminated the justiciability of the determination of responsibility for traffic accidents in one fell swoop.
In fact,There is a great deal of controversy over the NPC's qualitative interpretation of the traffic accident liability determinationIn the process of reconsidering the law amendment, many committee members have pointed out that the determination of responsibility for traffic accidents has a great impact on the legitimate rights and interests of citizens, and in many cases it has a decisive impact, and characterizing it as "evidence" obviously cannot serve the purpose of protecting the legitimate rights and interests of citizens, and it is recommended that it be included in the scope of litigation reconsideration together with other administrative confirmation acts.
However, it is a pity that the National People's Congress has not made any changes to the nature of the determination of responsibility for traffic accidents.
3. Those who are not satisfied with the traffic accident liability determination can only apply for review in accordance with the procedures
Article 71 of the Provisions on Procedures for Handling Road Traffic Accidents clearly states that if a party has any objection to the determination of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date of delivery of the road traffic accident identification or road traffic accident certificate.
Therefore, the only way to raise an objection if you are not satisfied with the road traffic accident certificate is "Huashan Road", that isThere is great uncertainty as to whether the review can change the result of the original determination to the traffic police department.
So, this case also reminds us, the traffic accident certificate issued by the traffic police, do not sign casually, and if there is an objection, try to make a reasonable effort to put it forward on the spot. Once it has legal effect, it is very difficult to overturn it.
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