According to the provisions of Article 73 of the Road Traffic Safety Law of the People's Republic of China, the traffic administrative department of the public security organ shall, according to the on-site inspection, inspection and investigation of traffic accidents and the conclusions of relevant inspection and appraisal, make a traffic accident identification in time as evidence for handling traffic accidents. The traffic accident certificate shall state the basic facts, reasons and the responsibilities of the parties, and shall be served on the parties. "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China" Article 93 The traffic administrative department of the public security organ shall make a traffic accident determination within 10 days from the date of on-site investigation. 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. "Provisions on Procedures for Handling Traffic Accidents" Article 51 If a party has any objection to the determination of a road traffic accident, he may, within three days from the date of service of the road traffic accident determination, submit a written application for review to the traffic management department of the public security organ at the next higher level. It is a technical document with legal effect, its purpose is to distinguish the responsibility of the accident, and to make correct and appropriate punishment for the perpetrators according to traffic laws and regulations, and it is also the basis for the public security organs to mediate traffic accident compensation; The traffic accident certificate is the evidence for the people's procuratorate to prosecute the traffic accident; The traffic accident certificate is the evidence for the people's court to convict, sentence and determine damages. According to the contents stated in the traffic accident certificate, it shows that it has documentary characteristics. Because it was done by the public security organs, it should be documentary evidence with high probative effect. At the same time, it is decided that the confirmation letter is not administratively actionable and cannot bring an administrative lawsuit against the conclusion of the confirmation letter. It also determines that the court should examine the authenticity, objectivity and legality of traffic accident cases like other evidence. If there is other evidence enough to overturn the confirmation letter, the court may reject it and need not reconfirm it.
Zongheng Law Network-Guangdong Decheng Law Firm-Lawyer Zhu Gui