浅析交通事故认定书的证据属性及审查运用

Analysis on the Evidence Attribute and Examination Application of Cognizance Certificate of Traffic Accident

公安机关交通管理部门出具的交通事故认定书,是交通类案件办理中重要的定罪量刑依据,在司法实践中,公安机关侦查、检察机关审查起诉、法院审判均需要交通事故认定书这一重要依据去支撑。然而,如此重要的认定结论,在我国诉讼法发展如此之久的今天还存在法律属性上的争议,在诉讼进程中对其审查方式和相关配套制度也存在问题,因此有必要对交通事故认定书的证据属性及审查运用予以梳理与厘清。

The traffic accident certificate issued by the public security bureau is an important basis for conviction and sentencing in traffic cases,and in judicial practice,the investigation of public security bureau,prosecution review and prosecution,court trial need the traffic accident identification letter to support the important basis.However,with such an important conclusion,there are still disputes about the legal nature of our country's procedural law as it has developed for such a long time,and there are also problems with its review methods and related supporting systems in the process of litigation.Therefore,it is necessary to sort out and clarify the evidence attribute and examination application of the traffic accident cognizance certificate.