After the traffic accident review, what should I do if I am still dissatisfied with some of the judg

Updated on society 2024-02-20
7 answers
  1. Anonymous users2024-02-06

    After the traffic accident has been reviewed, and you are still not satisfied with some of the judgments, you can deal with it in the following ways:

    1. You can apply to the relevant authorities or departments for administrative supervision, and the parties concerned can determine the responsibility for traffic accidents made by the traffic management department, and you can apply to the higher departments of the organ for administrative supervision, that is, the public security traffic management department. The higher traffic management department verifies the application submitted by the parties, and finds that the decision made by the original organ is correct, then it shall explain and explain to the parties, and if the decision made by the original authority is wrong or the handling is unreasonable, the original decision shall be revoked, and the original organ shall be required to re-make the determination of traffic accident responsibility within a time limit;

    2. Lodge a complaint with the relevant state organs, and citizens have the right to supervise and make suggestions to any state organ or functionary. If a staff member or a relevant unit of a state organ still violates the law or discipline in certain matters, the citizen may have the right to lodge a complaint, but all procedures shall be legal;

    3. Citizens can also apply for revocation or change of responsibility determination made by the traffic management department through litigation.

    The application for review of the determination of traffic accidents is a legal document in which the parties have objections to the determination of road traffic accidents and submit an application for review to the traffic management department of the public security organ at the next higher level, and the application for review shall contain the request for review and its reasons and main evidence.

    The applicant is required to submit the following documents for review:

    1. Application for re-identification of traffic accidents;

    2. A copy of the Road Traffic Accident Liability Determination;

    3. A copy of the applicant's ID card (household registration booklet);

    4. If the person concerned is deceased, a certificate of the relationship between the applicant and the deceased issued by the police station, neighborhood committee or village committee must be submitted;

    5. If the application for entrustment is made, the power of attorney signed by the applicant and a copy of the ID card (household registration booklet) of the entrusted person or the lawyer's practice certificate of the entrusted lawyer must be submitted.

    Article 164 of the Civil Procedure Law of the People's Republic of China: Where a party is dissatisfied with a first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

  2. Anonymous users2024-02-05

    If the traffic police are not satisfied with the accident determination, they may submit a written application for review to the traffic management department of the public security organ at the next higher level within three days from the date of delivery of the road traffic accident identification. Article 51 of the Procedures for Handling Road Traffic Accidents If a party has any objection to the determination of a road traffic accident, it may submit a written application for review to the traffic management department of the public security organ at the next higher level within three days from the date of delivery of the road traffic accident determination. The application for review shall clearly state the request for review, its reasons and main evidence.

  3. Anonymous users2024-02-04

    The dissatisfaction with the results of the review of the traffic accident certificate shall be handled as follows:

    1. Apply to the relevant authorities or departments for administrative supervision;

    2. According to the provisions of the relevant regulations of our country, citizens can apply for letters and visits to the local government;

    3. You can apply for revocation or change of the liability determination made by the management department of the traffic road through litigation.

    What is the compensation standard for traffic accidents.

    1. The perpetrator shall bear the liability for compensation for the personal injury caused to the victim in accordance with the law, including the claims: medical expenses, hospitalization expenses and food expenses, lost work expenses, etc., if the victim is seriously injured or seriously disabled, the injured party can also claim compensation for disability compensation, follow-up nursing expenses, etc.;

    2. If the perpetrator causes the death of the victim due to a traffic accident, the infringing party shall compensate the corresponding funeral expenses, death compensation and compensation for the mental damages of the victim's relatives in addition to the relevant expenses of the rescue;

    3. The victim can negotiate with the infringer to agree on the corresponding compensation fee, or may request the traffic police department or the mediation committee to intervene in the mediation, if the mediation is ineffective, the victim can appeal to the people's court in accordance with the law.

    Legal basisArticle 75 of the Road Traffic Safety Law of the People's Republic of China.

    During the review period, if the applicant submits an application for revocation of the review, the traffic management department of the public security organ shall terminate the review and notify the parties in writing.

    After receiving the application for review, if any party files a lawsuit with the people's court on the accident and is accepted by the people's court, the traffic management department of the public security organ shall inform the relevant people's court of the relevant circumstances of the application for review by the party.

    If, after accepting an application for review, the people's procuratorate makes a decision to approve the arrest of the suspect in a traffic accident, the traffic management department of the public security organ shall inform the relevant people's procuratorate of the relevant circumstances of accepting the party's application for review.

  4. Anonymous users2024-02-03

    Hello, Determination of Responsibility. After the traffic accident liability determination is made, the parties can put forward a review proposal for the liability determination, and generally the original organ will review and verify the responsibility determination again, and the general party only has the opportunity to apply for compounding once, so the result after the review is still dissatisfied, and the unreasonable determination of traffic accident liability can be remedied in the following ways: 1. Apply to the relevant authorities or departments for administrative supervision of the parties to the traffic management department to make the wrong traffic accident liability determination, You can apply to the higher departments of the organ for administrative supervision, that is, the public security traffic management department, according to the relevant laws and regulations of our country, the higher traffic management department to verify the application submitted by the parties, and find that the decision made by the original organ is correct, then it shall be explained and explained to the parties, if the decision made by the original organ is wrong or the handling is unreasonable, the original decision shall be revoked, and the original organ shall be required to re-make the determination of responsibility for traffic accidents within a time limit, If the original organ does not cooperate, the responsible person of the original organ may be given a demerit sanction or the relevant staff may be sanctioned; The parties can also apply to the relevant supervision departments for supervision, according to the relevant laws and regulations, the authorities are not only subject to the guidance and supervision of the higher authorities, but also subject to the supervision of the departments with the right to supervise the law, if the parties are not clear about the specific supervision department, or do not understand can consult the ** department, the supervision organ of the traffic management department is the police supervision department of the public security organ; 2. According to the provisions of the relevant regulations of our country, citizens can submit petition applications to the local authorities on whether the relevant authorities handle the relevant matters in accordance with the law, effectively, correctly and timely, so citizens believe that the responsibility determination made by the traffic management department is wrong, and can submit a petition to the local government according to the relevant road traffic rules and relevant documents and regulations, and the local government shall accept the reasonable petition application submitted by the citizen, and cooperate with the relevant units or authorities. Re-examine or review the subject matter of the application, so that the basic rights of citizens can be protected and reasonable and lawful explanations can be given to citizens; 3. The right to appeal according to law, according to the provisions of the Constitution of China's mother law, citizens have the right to supervise and make suggestions to any state organ or staff, if the staff or the relevant units of the state organ still have illegal or disciplinary acts in some matters, the citizen has the right to lodge a complaint with the relevant state organ, but all procedures should be legal, and no good person shall be framed.

    After receiving a citizen's application for a complaint, the relevant state organ shall handle it cautiously and verify the matter in accordance with the relevant laws and regulations, and at the same time, the organ against which the complaint is made shall also correctly face the matter under investigation, and shall not resort to retaliation or use the power of the department or unit to restrict the rights of citizens. 4. Citizens can also apply for revocation or change of responsibility determination made by the traffic management department through litigation.

    Legal basis

    Constitution

  5. Anonymous users2024-02-02

    The disposition of dissatisfaction with the result of the review of the traffic accident certificate is:

    1.apply to the relevant authorities or departments for administrative supervision;

    2.According to the provisions of the relevant regulations of our country, citizens can apply for letters and visits to the local government;

    3.It is possible to apply for revocation or change of the liability determination made by the traffic management department through litigation.

    Legal basis] According to Article 75 of the Provisions on Procedures for Handling Road Traffic Accidents, the police supervision department of the public security organ may, in accordance with the law, conduct on-site supervision of the traffic management department of the public security organ and its traffic police in handling traffic accidents, and investigate and deal with violations of law and discipline. The traffic management department of the higher-level public security organ shall supervise the work of the traffic management department of the lower-level public security organ in handling road traffic accidents, and shall correct the error in a timely manner.

  6. Anonymous users2024-02-01

    In accordance with the provisions of the traffic accident handling procedures, if the parties have objections to the traffic accident liability determination issued by the traffic police department, they may submit a written application for review to the traffic management department of the public security organ at the next higher level within three days from the date of delivery of the road traffic accident identification certificate. However, in any of the following circumstances, the application for review shall not be accepted, and the parties shall be notified in writing. (1) Where either party initiates a lawsuit in a people's court and the court accepts it; (2) The people's procuratorate approves the arrest of the suspect in a traffic accident; (3) Road traffic accidents handled by applying simplified procedures; (4) Accidents that occur when vehicles are passing outside the road.

    Because at present, the traffic police department's act of determining the responsibility for traffic accidents is no longer a specific administrative act, but is only used as evidence to deal with traffic accidents, and the parties can no longer apply for administrative reconsideration or administrative litigation on the determination of traffic accident liability, and the aforementioned review is only a kind of self-correction within the public security organs, and in the case of the public security organs supervising themselves, the effect of applying for review may not be very ideal, but at least it provides a way for the parties to carry out relief.

    If the determination of liability through appeal is still not changed, then the parties can put forward the factors that make the accident unreasonable in the litigation, and the court will make a new judgment on the liability for the accident from the perspective of evidence law. The traffic police agency's determination of responsibility for the traffic accident is evidence.

    When a party is dissatisfied with the determination of liability, the court may or may not accept it. If the court has objections to the determination of responsibility, in accordance with the provisions of the "Provisions on Procedures for Handling Traffic Accidents", the court may transfer the original investigation materials of the traffic accident case to the file, and the court will make a new determination of responsibility.

  7. Anonymous users2024-01-31

    If the parties have objections to the inspection report and appraisal opinions, and apply for re-inspection and appraisal, they shall submit a written application within three days from the date of delivery by the traffic management department of the public security organ, and the original case-handling unit shall re-entrust the inspection and appraisal with the approval of the person in charge of the traffic management department of the public security organ at or above the county level. The inspection report and appraisal opinion do not have the circumstances of the first paragraph of Article 55 of these provisions, with the approval of the person in charge of the traffic management department of the public security organ at or above the county level, the original case-handling unit shall make a decision not to allow the re-inspection and appraisal, and notify the applicant in writing within three days from the date of making the decision.

    Where a party has objections to the determination of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date on which the road traffic accident determination or road traffic accident certificate is served. Where the parties submit an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing.

    The application for review shall clearly state the request for review, its reasons and main evidence. The review of the same incident is limited to one time.

    Legal basis: "Provisions on Procedures for Handling Road Traffic Accidents" Article 26 In any of the following circumstances, mediation is not applicable, and the traffic police may serve the road traffic accident determination on the parties after the relevant circumstances are stated on the road traffic accident identification document

    1) The parties have objections to the determination of the road traffic accident;

    2) The parties refuse to sign the road traffic accident identification document;

    3) The parties do not agree to mediation.

    Provisions on Procedures for Handling Road Traffic Accidents》 Article 56 If the parties have objections to the inspection report and appraisal opinions and apply for re-inspection and appraisal, they shall submit a written application within three days from the date of delivery by the traffic management department of the public security organ, and the original case-handling unit shall re-entrust the inspection and appraisal with the approval of the person in charge of the traffic management department of the public security organ at or above the county level. If the inspection report and appraisal opinion do not have the circumstances of the first paragraph of Article 55 of these provisions, with the approval of the person in charge of the traffic management department of the public security organ at or above the county level, the original case-handling unit shall make a decision not to allow the re-inspection and appraisal, and notify the applicant in writing within three days from the date of the decision.

    For the same inspection or appraisal item of the same traffic accident, the re-inspection and appraisal shall be limited to one time.

    Provisions on Procedures for Handling Road Traffic Accidents》 Article 71 Where a party has any objection to the determination of a road traffic accident or the issuance of a road traffic accident certificate, it may submit a written application for review within three days from the date of delivery of the road traffic accident determination or road traffic accident certificate. If the party submits an application for review within the time limit, it will not be accepted, and the applicant will be notified in writing.

    The application for review shall clearly state the request for review, its reasons and main evidence. The review of the same incident is limited to one time.

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