交通事故责任认定机制的完善

On the Nature and Mechanism of the Traffic Accidents Responsibility Verification

交通事故认定书是当前我国交通事故责任认定机制的核心所在,其所存在的不合理之处导致交通事故当事人的合法权益难以得到充分保护。交通事故认定书虽然同时具有具体行政行为和技术鉴定结论的某些特性,但并非纯粹的具体行政行为,而是一种特殊的技术鉴定结论。应当成立独立于公安机关交通管理部门之外的交通事故责任鉴定委员会,具体负责交通事故责任的认定,以使交通事故认定书能真正发挥其特殊作用,有效保障当事人的合法权益。

At present, the irrationalness of the responsibility verification mechanism of traffic accidents in China leads to the fact that legitimate rights and interests of the parties in the traffic accidents can not be adequately protected. Although having certain characteristics that belong to the specific administrative acts as well as the conclusions of technical verification at the same time, the traffic accidents responsibility verification is a kind of peculiar conclusions of technical verification instead of specific administrative acts. In order to make the traffic accidents responsibility verification fully play its role as the peculiar technical verification conclusion, we should re-construct the mechanism, establish the committee of traffic accidents responsibility verification, which is independent of the police departments of public security, responsible for the verification of the responsibility of traffic accidents to protect the legitimate rights and interests of the parties.