If the traffic police also pay attention, the parties may report and accuse to the administrative supervision organ, the supervision department of the public security organ or the traffic management department of the public security organ at a higher level.
Referring to Article 89 of the Implementation Regulations of the Law of the People's Republic of China on Road Traffic Safety, the traffic administrative department of the public security organ or the traffic police shall rush to the scene in time after receiving the traffic accident alarm. If there are no casualties and the facts are clear and the motor vehicle can move, the parties concerned shall be ordered to evacuate the scene and resume traffic after recording the accident. Those who refuse to leave the scene will be forced to leave.
In the case of a road traffic accident under the circumstances specified in the preceding paragraph, the traffic police may apply summary procedures and issue an accident confirmation on the spot. If the parties request mediation, the traffic police can mediate the dispute over damages on the spot.
If road traffic accidents cause casualties and property losses and require an inquest or inspection of the site, the traffic administrative department of the public security organ shall conduct it in accordance with the work norms of the exploration site. After the site investigation, organize to clean up the site and restore traffic.
Referring to Article 91 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, the traffic administrative department of the public security organ shall determine the responsibility of the party according to the role played by the party's behavior in the traffic accident and the severity of the fault.
Referring to Article 92 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, if a party escapes after a traffic accident, the escaping party shall bear all the responsibilities. However, if there is evidence that the other party is also at fault, the responsibility may be reduced. If a party intentionally destroys or forges the scene or destroys evidence, it shall bear full responsibility.
Referring to Article 93 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, the traffic administrative department of the public security organ shall make a traffic accident determination within 10 days from the date of on-site inspection. If inspection and appraisal are needed, a traffic accident confirmation shall be made within 5 days from the date when the inspection and appraisal results are determined.
With reference to Article 94 of the Regulations for the Implementation of the Law of the People's Republic of China on Road Traffic Safety, if the parties are in dispute over the compensation for traffic accident damages and all parties unanimously request the traffic administrative department of the public security organ for mediation, they shall submit a written mediation application within 10 days from the date of receiving the traffic accident confirmation. If a traffic accident causes death, mediation shall begin from the date when the funeral is completed; For injuries caused by traffic accidents, mediation shall be started from the date of the end of treatment or disability; If a traffic accident causes property losses, mediation shall begin from the date of determining the losses.
According to Article 95 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, the time limit for mediation of disputes in traffic accident compensation by the traffic administrative department of the public security organ is 10. If an agreement is reached through mediation, the traffic administrative department of the public security organ shall make a mediation document and send it to all parties, and the mediation document shall take effect after being signed by all parties. If the mediation fails to reach an agreement, the traffic administrative department of the public security organ shall make a mediation conclusion and send it to all parties. The items and standards of traffic accident damage compensation shall be implemented in accordance with the provisions of relevant laws.
Referring to Article 96 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China, if a party brings a civil lawsuit to the people's court because of a dispute in traffic accident compensation, the traffic administrative department of the public security organ will no longer accept the application for mediation. During the mediation by the traffic administrative department of the public security organ, if the parties bring a civil lawsuit to the people's court, the mediation shall be terminated.
Referring to Article 84 of the Road Traffic Safety Law of the People's Republic of China, the administrative law enforcement activities of the traffic administrative department of the public security organ and its traffic police shall be subject to the supervision of the administrative supervision organ according to law. The supervision department of the public security organ shall supervise the implementation of laws, regulations and disciplines by the traffic management department of the public security organ and its traffic police according to law. The traffic administrative department of the public security organ at a higher level shall supervise the law enforcement activities of the traffic administrative department of the public security organ at a lower level.
Referring to Article 85 of the Road Traffic Safety Law of the People's Republic of China, the traffic administrative department of the public security organ and its traffic police shall consciously accept the supervision of the society and citizens when performing their duties. Any unit or individual has the right to report and accuse the traffic administrative department of the public security organ and its traffic police for not strictly enforcing the law and violating the law and discipline. The organ that receives the report or complaint shall promptly investigate and deal with it according to its duties.
Extended data
Referring to Article 16 of the Procedures for Handling Road Traffic Accidents, if the public security organ and its traffic management department receive an alarm, they shall accept it, make a case registration form and record the following contents:
(a) the way and time of alarm, the name, contact information and telephone number of the alarm person shall also be recorded;
(two) the time and place of the occurrence or discovery of road traffic accidents;
(3) casualties;
(four) vehicle type, vehicle license plate number, whether it contains dangerous goods and types of dangerous goods, whether there is leakage, etc. ;
(five) suspected of escaping from a traffic accident, it should also inquire and record the type, color, characteristics, escape direction, physical characteristics and other related information of the escaping driver.
If the alarm person fails to report his name, it shall be recorded. If the police are unwilling to disclose his name, he should keep it a secret.
With reference to Article 17 of the Procedures for Handling Road Traffic Accidents, if it is necessary to send personnel to the scene for disposal after receiving the alarm of road traffic accidents, or if the police give instructions, the traffic management department of the public security organ shall immediately send traffic police to the scene.
Referring to Article 27 of the Procedures for Handling Road Traffic Accidents, in addition to the summary procedures, the traffic management department of the public security organ shall have no less than two traffic policemen when investigating road traffic accidents. When investigating, the traffic police shall show the people's police card to the investigated person, inform the investigated person of his rights and obligations according to law, and send a contact card to the parties. The contact card has the name, office address, contact information and supervision telephone number of the traffic police.
Referring to Article 28 of the Procedures for Handling Road Traffic Accidents, the traffic police should collect evidence legally, promptly, objectively and comprehensively when investigating road traffic accidents.
Referring to Article 29 of the Procedures for Handling Road Traffic Accidents, the traffic administrative department of the public security organ shall conduct an in-depth investigation in the event of a road traffic accident with more than three deaths; Road traffic accidents that cause other serious consequences or have serious safety problems can be investigated in depth.
Referring to Article 60 of the Procedures for Handling Road Traffic Accidents, the traffic administrative department of the public security organ shall determine the responsibility of the parties according to the role played by their actions in the occurrence of road traffic accidents and the severity of their faults.
(a) due to the fault of one party caused by road traffic accidents, take full responsibility;
(2) If a road traffic accident occurs due to the fault of two or more parties, they shall bear primary responsibility, equal responsibility and secondary responsibility respectively according to the role their actions played in the accident and the severity of the fault;
(3) The parties are not at fault for causing road traffic accidents. If it is a traffic accident, neither party is responsible.
If one party intentionally causes a road traffic accident, the other party shall not bear the responsibility.
According to Article 61 of the Procedures for Handling Road Traffic Accidents, in any of the following circumstances, the parties concerned shall take full responsibility:
(1) Escaping after a road traffic accident;
(2) Intentionally destroying or falsifying the scene or destroying evidence.
In order to avoid legal liability investigation, if a party abandons his car and absconds or hides, and there is evidence to prove that other parties are also at fault, the liability may be appropriately reduced, but at the same time, if there is evidence to prove that the escapee has the second situation in the first paragraph, it shall not be reduced.
Referring to Article 62 of the Procedures for Handling Road Traffic Accidents, the traffic administrative department of the public security organ shall make a road traffic accident determination within ten days from the date of on-site investigation. In case of a hit-and-run traffic accident, a road traffic accident confirmation shall be made within ten days after the vehicle and driver involved in the traffic accident are detained. If inspection and appraisal are needed, a road traffic accident confirmation shall be made within five days from the date when the inspection report and appraisal opinions are determined.
The traffic administrative department of the local public security organ may publish the confirmation of road traffic accidents on the Internet on a trial basis, but the state secrets, business secrets or personal privacy involved shall be kept confidential.
Referring to Article 71 of the Provisions on Procedures for Handling Road Traffic Accidents, if a party has any objection to the identification of road traffic accidents or the issuance of the identification of road traffic accidents, it may submit a written application for review within three days from the date of service of the identification of road traffic accidents or the identification of road traffic accidents. If a party files an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing. The application for re-examination shall specify the request for re-examination and its reasons and main evidence. The review of the same accident is limited to one time.
Source of reference: Public Security Traffic Management Bureau of Beijing Public Security Bureau-Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China
Public Security Traffic Management Bureau of Beijing Public Security Bureau-Road Traffic Safety Law of the People's Republic of China
Fuzhou traffic police-road traffic accident handling procedures