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Anonymous users2024-02-12The general process is on-site treatment, accident responsibility identification, punishment, and organization of mediation: 1. On-site treatment 1. Maintain good road traffic order and organize the rescue of injured people; 2. Find the parties and witnesses of road traffic accidents, and control the suspects; 3. Investigate the scene of the accident, fix, extract or preserve the evidence at the scene; 4. If necessary, the vehicle involved in the accident and the relevant documents of the parties may be detained; 5. Make an appointment with the parties to deal with the accident. 2. The determination of responsibility for the accident shall be made within 10 days from the date of on-site investigation, and if the parties are not satisfied with the determination, they may apply to the traffic police department at a higher level for review within 3 days.
3. Punishment shall be made within five days of the date on which the road traffic accident determination is made, and the party shall be punished in accordance with law for the road traffic safety violation. 4. The mediation asks whether the parties are willing to mediate, and if they are willing to mediate, the maximum number of mediations is two, and the mediation is successfully prepared and served on the parties; and where they are unwilling to mediate, inform the parties to initiate a civil lawsuit in the people's court. Legal basis:
Provisions on Procedures for Handling Road Traffic Accidents》 Article 21 After the traffic police arrive at the scene of the accident, they shall immediately carry out the following work: (1) Demarcate the warning area, place luminous or reflective cones and warning signs at a safe distance, and determine a special person to be responsible for on-site traffic command and guidance, and maintain good road traffic order. If traffic is interrupted due to a road traffic accident or traffic control measures such as road closures need to be taken for on-site disposal or investigation, diversion shall also be organized in advance in the direction of traffic at the scene of the accident, and detour reminder signs shall be placed to avoid traffic jams; (2) Organizing the rescue of injured persons; (3) Directing investigation, ambulance and other vehicles to park in a location that is convenient for rescue and investigation, turn on the warning lights, and turn on the hazard warning flashing lights and marker lights at night; (4) Find the parties and witnesses in road traffic accidents, and control the suspects.
Article 47 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall make a road traffic accident identification certificate within 10 days from the date of on-site investigation. In traffic hit-and-run cases, a road traffic accident certificate shall be prepared within 10 days after the vehicle and driver involved in the traffic accident are seized. Where it is necessary to conduct an inspection or appraisal, a road traffic accident identification document shall be drafted within five days from the date on which the conclusion of the inspection or appraisal is determined.
In the event of a fatal accident, the traffic management department of the public security organ shall, before making a road traffic accident certificate, convene all parties to the scene and publicly investigate and obtain evidence. Evidence that witnesses request confidentiality or that involves state secrets, commercial secrets, or personal privacy must not be disclosed. If the parties are not present, the traffic management department of the public security organ shall be recorded.
Article 57 of the Provisions on Procedures for Handling Road Traffic Accidents The traffic management department of the public security organ shall, within five days from the date of making the determination of the road traffic accident, punish the party for the road traffic safety violation in accordance with the law.
The general process is on-site treatment, accident responsibility identification, punishment, and organization of mediation: 1. On-site treatment 1. Maintain good road traffic order and organize the rescue of injured people; 2. Find the parties and witnesses of road traffic accidents, and control the suspects; 3. Investigate the scene of the accident, fix, extract or preserve the evidence at the scene; 4. If necessary, the vehicle involved in the accident and the relevant documents of the parties may be detained; 5. Make an appointment with the parties to deal with the accident. 2. The determination of responsibility for the accident shall be made within 10 days from the date of on-site investigation, and if the parties are not satisfied with the determination, they may apply to the traffic police department at a higher level for review within 3 days. >>>More
Traffic accidents often involve the issue of compensation, if both parties are willing to negotiate at this time, then the traffic police department can apply for mediation for damages, according to the relevant provisions of the traffic law, traffic accident damage compensation rights and obligors unanimously request the traffic police department to mediate damages, can be received within 10 days from the date of receipt of the traffic accident to the traffic police department to submit a written application for mediation. It should be noted that the mediation compensation by the traffic police department is not a necessary procedure for the dispute resolution of both parties to the traffic accident, this is only the work within the scope of duties, whether to agree to mediation is decided by the parties themselves, so that it is not only easy for the parties to accept, but also relatively smooth when performing the mediation agreement, if one of the parties does not perform, the other party can file a lawsuit with the court. Of course, in the case of a dispute over compensation for traffic accident damages, the parties can request the traffic police department to mediate, or they can directly file a civil lawsuit with the court. >>>More
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