论交通事故认定书的性质及可诉性研究
发布时间：2018-10-15 08:48
【摘要】：在我国的司法审判案件当中，民事案件一直占据大部分的比例。而在民事案件中，又以离婚案件、劳动争议案件、交通事故及工伤索赔案件等占据着半壁江山。许多法院为了应对大量的同类案件，分离出了专门的审判庭来负责审理某一类案件。可以看出，我国司法进程正逐步向着法治化、专业化的方向发展。但是在司法审判越来越专业化的今天，仍然存在着一些立法的漏洞或者是不合理的部分亟待解决。本文主要探讨的就是在审理交通事故类案件所遇到的一些困惑以及理论与实际的不统一。 交通事故一旦发生，当事人的人身和财产受到损害，严重时还会面临着阴阳相隔的悲痛局面。我国对于交通安全问题一直尤为关注。一方面，要预防此类事故的发生，加强对驾驶人员的监督。另一方面，一旦发生事故，要最大限度的确保当事人挽回损失，让肇事者受到相应的法律制裁。近年来，各项法律的出台都严格规范了交通安全问题。以上措施确实起到了一定的效果，但是对于交通事故中的一个重要环节即交通事故认定书却长期为人们忽视，法律规定上也存在不完备的地方。 文章主要分为五个部分。第一部分与第二部分介绍了事故认定书的定义与作用以及历史的沿革。要想对事故认定书有一个准确全面的了解首先就要明确其基本含义，全面了解在不同时期不同背景下的发展变化。第三部分讨论了交通事故认定书的性质问题。这一问题在理论上一致存在较大的争议，通过比较不同学说的观点，，最后得出交通事故认定书属于具体行政行为的结论。第四部分则主要讨论交通事故认定书提起行政诉讼的必要性与可行性。不论是从权利救济的角度还是权利监督的角度，都应将事故认定书纳入行政诉讼的受案范围。文章最后一个部分对完善该制度提出了一些建议和设想。主要从复议制度、诉讼制度和赔偿制度三个方面完善其救济途径。因而，最后得出结论即交通事故认定书应属于一种具体行政行为，且是具体行政行为中的行政确认行为，同时也应具有可诉讼。
[Abstract]:In our country judicial cases, civil cases have occupied most of the proportion. In civil cases, divorce cases, labor disputes cases, traffic accidents and industrial injury cases occupy half. In order to deal with a large number of similar cases, many courts have separated out specialized divisions to deal with certain types of cases. It can be seen that the judicial process of our country is gradually developing towards the rule of law and specialization. However, there are still some legislative loopholes or unreasonable parts to be solved. This paper mainly discusses some puzzles and disunity between theory and practice in handling traffic accident cases. Once a traffic accident occurs, the person and property of the party concerned are damaged, and when it is serious, it will also face the sad situation of the separation of yin and yang. Our country has been paying special attention to the traffic safety problem. On the one hand, to prevent the occurrence of such accidents, strengthen the supervision of drivers. On the other hand, in the event of an accident, to ensure that the parties to recover the loss, so that the perpetrators of the corresponding legal sanctions. In recent years, the promulgation of various laws have strictly regulated traffic safety issues. The above measures have played a certain effect, but for an important link in the traffic accident, the traffic accident identification document has been ignored for a long time, and the legal provisions are not complete. The article is divided into five parts. The first part and the second part introduce the definition and function of the accident certificate and the history. In order to have an accurate and comprehensive understanding of the accident determination document, we must first make clear its basic meaning and fully understand the development and changes in different periods and different backgrounds. The third part discusses the nature of traffic accident identification document. There is a great dispute on this problem in theory. By comparing different theories, the conclusion that the traffic accident cognizance is a concrete administrative act is concluded. The fourth part mainly discusses the necessity and feasibility of administrative litigation. Whether from the angle of right relief or right supervision, the accident cognizance should be brought into the scope of administrative litigation. The last part of the article puts forward some suggestions and ideas to perfect the system. Mainly from the reconsideration system, litigation system and compensation system three aspects to improve its relief approach. Therefore, it is concluded that the traffic accident identification document should be a specific administrative act, and should be an administrative confirmation act in the specific administrative act, and should also be actionable.
【学位授予单位】：四川省社会科学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14;D925.3
本文编号：2272004
[Abstract]:In our country judicial cases, civil cases have occupied most of the proportion. In civil cases, divorce cases, labor disputes cases, traffic accidents and industrial injury cases occupy half. In order to deal with a large number of similar cases, many courts have separated out specialized divisions to deal with certain types of cases. It can be seen that the judicial process of our country is gradually developing towards the rule of law and specialization. However, there are still some legislative loopholes or unreasonable parts to be solved. This paper mainly discusses some puzzles and disunity between theory and practice in handling traffic accident cases. Once a traffic accident occurs, the person and property of the party concerned are damaged, and when it is serious, it will also face the sad situation of the separation of yin and yang. Our country has been paying special attention to the traffic safety problem. On the one hand, to prevent the occurrence of such accidents, strengthen the supervision of drivers. On the other hand, in the event of an accident, to ensure that the parties to recover the loss, so that the perpetrators of the corresponding legal sanctions. In recent years, the promulgation of various laws have strictly regulated traffic safety issues. The above measures have played a certain effect, but for an important link in the traffic accident, the traffic accident identification document has been ignored for a long time, and the legal provisions are not complete. The article is divided into five parts. The first part and the second part introduce the definition and function of the accident certificate and the history. In order to have an accurate and comprehensive understanding of the accident determination document, we must first make clear its basic meaning and fully understand the development and changes in different periods and different backgrounds. The third part discusses the nature of traffic accident identification document. There is a great dispute on this problem in theory. By comparing different theories, the conclusion that the traffic accident cognizance is a concrete administrative act is concluded. The fourth part mainly discusses the necessity and feasibility of administrative litigation. Whether from the angle of right relief or right supervision, the accident cognizance should be brought into the scope of administrative litigation. The last part of the article puts forward some suggestions and ideas to perfect the system. Mainly from the reconsideration system, litigation system and compensation system three aspects to improve its relief approach. Therefore, it is concluded that the traffic accident identification document should be a specific administrative act, and should be an administrative confirmation act in the specific administrative act, and should also be actionable.
【学位授予单位】：四川省社会科学院
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.14;D925.3
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相关期刊论文 前4条
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本文编号：2272004
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