How to establish an administrative presumption in a traffic accident and whether the conclusion is a

Determined by the traffic police department. Three of them are oversized.

Minor accidents, 0 deaths, 0 serious injuries, and direct economic losses of 0 yuan, reported to the county level, and handled by enterprises.

For general accidents, 1 to 2 people died, 1 to 9 people seriously injured (including acute industrial poisoning, the same below), and the direct economic loss of 1 million to 9 million yuan will be reported to the municipal and county levels for processing.

In larger accidents, 3 to 9 people died, 10 to 49 people were seriously injured, and 10 million to 50 million yuan were directly damaged, and they were reported to the provincial and municipal levels for processing.

Major accidents, 10 to 29 deaths, 50 to 99 serious injuries, direct losses of 50 million to 100 million, reported to the provincial level.

In a particularly serious accident, more than 30 people died, more than 100 people were seriously injured, and more than 100 million yuan were directly damaged.

The above conditions are or. Qualitative if one item is met.

Friend, I would like to answer this question as follows:

According to the degree and amount of personal or property damage, traffic accidents are divided into four types: minor accidents, general accidents, major accidents and major accidents.

Extraordinarily serious accident: refers to an accident that causes the death of more than 3 people, or the serious injury of 11 or more, or the death of 1 person and the serious injury of more than 8 people at the same time, or the death of 2 people and the serious injury of more than 5 people at the same time, or the loss of property of more than 60,000 yuan.

Therefore, in light of the above-mentioned provisions, the traffic accident you mentioned as "a traffic accident in which two people died on the spot and 13 were injured, and one more person died in 12 days" should be classified as a major accident.

The qualitative standard for traffic accidents is: as long as the personal injury or property damage of others is caused by negligence or accident on the road, this act will be dealt with as a traffic accident, and if the accident constitutes a criminal act, then it will be dealt with as a traffic accident.

1. What are the qualitative standards for traffic accidents?

The qualitative standard for road traffic accidents is the event of personal injury or property damage caused by the fault or accident of the vehicle on the road, in which the fault is mainly negligence rather than intentional, and the accident mainly refers to the situation that is not caused by negligence or intentionality, but due to unforeseeable reasons. If a serious situation occurs that causes serious injury or death, or causes serious damage to public or private property, it constitutes a traffic accident.

Road Traffic Safety Act

Article 74.

In the case of a dispute over compensation for damages in a traffic accident, the parties may request mediation from the traffic management department of the public security organ, or may directly file a civil lawsuit with the people's court.

After mediation by the traffic management department of the public security organ, if the parties fail to reach an agreement or do not perform after the mediation agreement takes effect, the parties may file a civil lawsuit with the people's court.

2. What are the compensation items for traffic accidents?

1. Personal injury compensation items and standards: The compensation obligor shall compensate for the expenses incurred due to medical treatment and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.

2. Disability compensation items and standards: the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, the compensation obligor shall also compensate.

3. Compensation items and standards for death: In addition to the relevant expenses specified in 1 according to the rescue situation, the compensation obligor shall also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives for funeral matters.

4. Items and standards for suffering mental damages: Where the person entitled to compensation (the victim or the close relatives of the deceased) requests compensation for moral damages from the people's court, the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" shall be applied to determine it. The right to claim solatium for moral injury must not be assigned or inherited.

However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.

To sum up the above, the characterization of traffic accidents is that they must occur on the road before they can be dealt with as traffic accidents, and the standard of handling should be determined in combination with the size of the case, as long as it does not constitute a crime, it will generally only bear civil compensation, but if it constitutes a crime, it must not only bear civil liability but also bear criminal punishment.

The Road Traffic Safety Law of the People's Republic of China (hereinafter referred to as the Safety Law) stipulates that the road traffic accident determination issued by the public security organ is evidence for handling traffic accidents, but the author believes that the traffic accident determination should be a specific administrative act and has administrative actionability. 1. The act is directly related to the occurrence of a road traffic accident.

The Road Traffic Safety Law of the People's Republic of China (hereinafter referred to as the "Safety Law") stipulates that the road traffic accident determination issued by the public security organ is evidence for handling traffic accidents, but the author believes that the traffic accident determination should be a specific administrative act and have administrative actionability. 1. The act is directly related to the issue of whether the party concerned has committed a crime and whether he should be investigated for criminal responsibility, whether he has violated the law and whether he should be subject to administrative punishment, whether he bears civil liability for compensation or whether he can obtain civil compensation after the occurrence of a road traffic accident, so it directly involves the rights and obligations of the parties. 2. The division of responsibilities is carried out by the public security organs in accordance with their administrative powers, not on the application of the parties.

The so-called administrative power refers to the behavior of the administrative subject with administrative management qualifications and powers, that is, functions and powers, with the characteristics of unilateral will and initiative, and it is the traffic management department of the public security organ that has this power to be able to make the determination of traffic accident responsibility and administrative confirmation. 3. An administrative confirmation act is a kind of specific administrative act, and a specific administrative act refers to: an organization authorized by laws and regulations by an administrative organ and its staff, or an organization or individual entrusted by an administrative organ in the course of administrative management activities or in the performance of official duties, for a specific citizen, legal person or other organization, on a specific matter, a unilateral act of the rights and obligations of the citizen, legal person or other organization, and the determination of responsibility for a traffic accident divides the responsibilities of all parties to the accident, once confirmed. Therefore, the traffic accident identification document prepared by the public security organ not only meets all the constitutive elements of a specific administrative act, but should also be characterized as an administrative confirmation act.

The act of administrative confirmation has the following legal characteristics: (1) Authority, that is, the act of administrative confirmation is determined by the administrative subject prescribed by law and approved ex officio, and is an act of having the right to identify. Article 5 of the Safety Law stipulates that the traffic management departments of the people's ** and public security organs at or above the county level shall be responsible for the management of road traffic safety within their respective administrative areas.

In the event of a traffic accident, it shall handle the scene of the accident and make an accident determination. The identification of traffic accidents is one of the important responsibilities within the scope of the authority of the traffic management department of the public security organs, and the exercise of statutory recognition rights. (2) Applicability of law, that is, the judgment and conclusion of the administrative confirmation act are made on the basis of legal standards, which is the same as the administrative punishment act and the administrative compulsory act, and is a law enforcement act.

3) Reflecting the objectivity of facts, administrative confirmation acts reflect the objective situation of the facts themselves, and are the understanding and judgment of objectively occurring facts and phenomena. Therefore, the act of determining traffic accidents is an act of administrative confirmation.