不服交通事故责任认定 不能提起行政诉讼

No Submission to Responsibility Assertion of Traffic Accident No Administrantive Litigation

法律界关于交通事故责任认定的性质及其可诉性问题的争议一直都没有定论。造成了一定的司法混乱应尽快予以统一。交通事故责任认定符合具体行政行为的特征,其性质是属于鉴定结论种类的一种证据,且已被《道路交通安全法》等现行有效法律法规明确排除在行政诉论受案范围之外,对交通事故责任认定不服的不能提起行政诉讼。

No final conclusion has yet been reached on the nature of traffic accident's responsibility as- sortion and the dispute of its administrative litigation.And this has caused judicial confusion,so they must be made consistent as soon as possible.Such assertion conforms to the characteristic of concrete adminis- trative behaviour.And its nature belongs to an evidence of expert evaluation.Moreover,it has been re- moved from the limits of administrative litigation by some laws and regulations in effect,such as,safety law of the road traffic.Therefore,no submission to responsibility assertion of traffic accident,no administrative litigation.