The act of determining responsibility for traffic accidents is not an administrative act

The determination of responsibility for traffic accidents is not a specific administrative act.

1. Whether the determination of responsibility for traffic accidents is a specific administrative act.

1. The determination of responsibility for traffic accidents is not a specific administrative act, and the traffic accident identification certificate prepared by the traffic management department of the public security organ shall be used as evidence for handling traffic accident cases. Therefore, the determination of responsibility for traffic accidents is not a specific administrative act, and an administrative lawsuit cannot be filed with the people's court. If the person concerned is not satisfied with the civil compensation implicated in the traffic accident determination, he may file a civil lawsuit with the people's court.

2. Legal basis: Article 73 of the Road Traffic Safety Law of the People's Republic of China.

The traffic management department of the public security organ shall, on the basis of the traffic accident scene inquest, inspection, investigation and relevant inspection and appraisal conclusions, make a traffic accident identification document in a timely manner as evidence for handling the traffic accident. The traffic accident determination document shall clearly state the basic facts of the traffic accident, the causes and the responsibilities of the parties, and serve them on the parties.

2. How to determine the responsibility for traffic accidents.

1. If a traffic accident is caused by the fault of one of the parties, the company shall bear full responsibility;

2. If the party escapes, causing changes in the scene and loss of evidence, and the traffic management department of the public security organ is unable to verify the facts of the traffic accident, the party who escapes shall bear full responsibility;

3. If the party intentionally destroys, falsifies the scene, or destroys evidence, it bears full responsibility;

4. If a traffic accident occurs due to the fault of one or more parties, the traffic accident shall be borne by the principal responsibility, equal responsibility and secondary responsibility respectively according to the effect of its behavior on the accident and the severity of the fault;

5. None of the parties is at fault for causing the traffic accident, and if it is a traffic accident, none of the parties is liable;

6. If one party intentionally causes a traffic accident, the other party is not liable.

Legal analysis: The determination of responsibility for traffic accidents is not a specific administrative act.

Basis of the law: "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China" Article 93 The traffic management department of the public security organ shall make a traffic accident identification document within 10 days from the date of the investigation of the scene of the traffic accident after the investigation and inspection of the scene. Where it is necessary to conduct an inspection or appraisal, a traffic accident identification document shall be prepared within 5 days from the date on which the results of the inspection or appraisal are determined.

Provisions on Procedures for Handling Road Traffic Accidents》 Article 71, Paragraph 1 If 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 identification or road traffic accident certificate. 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.