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The handling process after the traffic police case is filed
The traffic police processing process after filing a case is as follows: 1. First, the reporter or witnesses will be asked in detail about the general process of the case, as well as the crime scene and other conditions; 2. Whether to make a detailed record of the case level, the police The transcripts of questions and answers will be read to the parties, asked whether they are true, and then the parties will be asked to sign and pledge; 3. The police will leave their contact information; 4. The police will inform the general handling methods and procedures of the case; 5. After the case is solved, the police will The parties will be notified that the case has been closed. The traffic management department files traffic accident cases. Generally, traffic accidents involve criminal crimes, and the perpetrators of the accidents must be held criminally responsible. Only with a formal decision on filing a case can the traffic police case be filed. If the traffic police only come to understand the situation and do not issue a decision on filing a case, the case is not filed. However, the traffic police will have police records and will record and explain the situation at the scene. The traffic management department of the public security organ shall prepare a road traffic accident determination certificate within ten days from the date of on-site investigation. In a hit-and-run case, a road traffic accident determination certificate will be issued within ten days after the vehicle and driver involved in the traffic accident are seized. When inspection or appraisal is required, a road traffic accident determination certificate shall be produced within five days from the date on which the inspection or appraisal conclusion is determined.
Article 6 of the "Civil Procedure Law of the People's Republic of China" The jurisdiction over civil cases shall be exercised by the People's Courts. The People's Courts conduct independent trials of civil cases in accordance with legal provisions, without interference from administrative agencies, social groups and individuals. Article 122: A lawsuit must meet the following conditions: (1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims and facts , reason; (4) It falls within the scope of the people's court to accept civil litigation and the jurisdiction of the people's court subject to the lawsuit. Article 126 The People's Court shall protect the parties' right to sue in accordance with the law. Prosecutions that comply with Article 119 of this Law must be accepted. If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not met, a ruling shall be made within seven days and the case will not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.
Whether a case filed by the traffic police cannot be kept private?
Whether a case filed by the traffic police cannot be kept private depends on the actual circumstances of the case. If the traffic accident does not constitute a criminal offense and both parties reach an agreement on civil compensation, they can apply to the public security organ to cancel the case. However, there are certain conditions for private settlement: 1. A particularly minor accident. For this kind of accident, neither party caused any casualties, and the vehicle was relatively lightly damaged, and there were almost no property on the vehicle. Suffer any injury; 2. Both parties have no objection to the determination of responsibility. One of the main functions of the arrival of the police is to determine the responsibility for this traffic accident and clearly tell who is the main person responsible. The other party needs to be Make compensation. However, in real cases, some cases are very simple and there is no need for the traffic police to come to the scene to make a distinction. Both parties can have a clear understanding of their own behavior and can also proactively provide compensation to others; 3. If the traffic accident that occurs on the road meets the above two conditions, there is no need for too troublesome legal procedures. However, if it does not meet such conditions and the vehicle involved in the accident does not comply with national regulations, such as driving without a license, driving scrapped, etc., In this case, the parties involved also have other laws involved, so the traffic police must come to the scene and follow legal procedures to solve this problem.
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