对交通事故责任认定的再认识

交通事故责任认定,是公安机关交通管理部门的一项重要管理工作.本文运用行政法学理论,对交通事故责任认定的本质特征进行分析,认为,只有1把交通事故责任认定界定为行政机关的具体行政行为,才能引入制约与监督机制,克服该项管理活动中随心所欲、滥用职权、违法认定的现象,使交通事故责任认定更客观、公正、合法,切实维护交通事故当事人的合法权益.

Some New Idea on Ascertaining Traffic Accident Responsibility

It is of vital importance for the traffic managing units of the public security department to ascertain traffic accident responsibility. The author analyzes the essential characteristics asserted to traffic accident responsibility with the theory of administrative law and believes that only by fixing the assertion in the circle of concrete behaviour of the administrative organ can we introduce restricting and supervising mechanism and overcome such phenomena as having one's own way, abusing one's power and asserting illegally so as to make the assertion more objective, just and legal and safeguard the legistimate rights and interests of the person concerned conscientiously.