What is traffic law?

In order to maintain road safety order and ensure people's traffic safety, China promulgated the Road Traffic Safety Law, which made specific and clear provisions on how to punish illegal acts. Do you know what traffic law is? I sorted out the relevant legal knowledge for you. Let's take a look together. I believe it will help you. First, what is the traffic law?

Road traffic safety law belongs to administrative law, and it is a law that stipulates the service content of road traffic management organs.

Second, the traffic accident proceedings

(1) Prosecution and acceptance

If a party to a traffic accident brings a lawsuit for damages, it shall submit a complaint to the court. If it meets the conditions for prosecution after examination by the court, it shall file a case within seven days after accepting it; Those who do not meet the requirements shall make a ruling within seven days, and those who refuse to accept it may appeal.

Article 123 of the Civil Procedure Law The people's court shall guarantee the right of prosecution enjoyed by the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal.

(2) Preparation before trial

The court will send the attached copy of the indictment to the defendant within five days after filing the case, and the defendant shall file a reply within 15 days. Our college will form a collegial panel to review the litigation materials and make necessary pre-trial preparations.

(3) holding a court hearing

1, notify the participants of the proceedings three days before the court session.

2. Check the participants before the trial, announce the court discipline, inform the parties of their litigation rights and obligations, and ask whether to apply for withdrawal.

3. Court investigation:

(1) The parties state the request for prosecution and the reasons.

(2) All units and individuals who know the case have the obligation to testify.

(3) produce evidence.

(4) Read the appraisal conclusion.

(five) read the record of the inquest.

(6) The parties may present all the evidence in court.

(seven) the parties shall cross-examine the evidence obtained from the compensation dispute.

In the court debate, the plaintiff spoke, the defendant defended, and the third person spoke and defended each other after the defense.

5. After the court debate is over and the disputes between the two parties are clearly verified, the court investigation is over and a judgment is made according to law.

6. If the court can mediate, a conciliation statement shall be made; If mediation fails, it shall be decided in time.

The ordinary procedure trial shall be concluded within 6 months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for 6 months with the approval of the president of our hospital. If the extension is needed, it shall be reported to the people's court at a higher level for approval.

After the end of the ordinary procedure of first instance, if a party refuses to accept the appeal, the judgment of first instance shall be invalid and the second instance shall be entered.

The judgment and ruling of the court of second instance are final, and a legally binding judgment will take legal effect once it is announced or served on the parties, and the parties may not sue or appeal against this judgment.

Three, the content of the traffic accident certificate

Road traffic accident responsibility confirmation is a production document, which mainly consists of three parts: the first part, the identification content and the last part.

(1) Header

1, title

Write the words "road traffic accident responsibility determination" in the middle of the top of the document.

2. Numbers

Pay attention to the case number "No.××" directly below the title.

3, the time and place of responsibility identification

Such as: "Time:1October 28th afternoon 1998 65438+2: 30.

Venue: South Section of XX Street, XX City

4. Interlanguage of cause of action

After the time and place, write the following paragraph on a new line:

"For XXX (the name of one party to the accident) and XXX (the name of the other party to the accident) traffic accidents that occurred in XXX.

(2) Contents of appraisal

This is the key project of the responsibility certificate, and the specific content of the analysis and determination should be written one by one in a sub-item manner. The analysis should be based on traffic field investigation, witness inquiry and vehicle inspection. And explain why the responsible party violated the traffic management regulations, which led to the occurrence of traffic accidents, and what responsibilities should be taken for the accidents accordingly. The analysis should be sensible, reasonable and fair, and the basis of violation should be closely related to the result of responsibility determination, which is mutually causal and seamless.

After confirming the results, the official document "hereby confirms" ends with the official seal of the confirmation organ in the lower right corner, and indicates the name, year, month and day of the undertaker, and affix the official seal of the undertaker.

(3) Tail

According to the relevant provisions of traffic laws and regulations, if a party refuses to accept the identification of traffic accident liability, it has the right to apply to the traffic police department at the next higher level for re-identification. Therefore, it should be indicated at the end that "this confirmation was announced to all parties on {\ \ F7 {\ F7 {\ \ F7,} {\ \ F7 {\ \ F7,}.

Finally, clarify the issuance form of this responsibility confirmation: (in duplicate, one for the client and one for the file).

The above is the relevant content of "What is Traffic Law to You". Road traffic safety law belongs to administrative law, and it is a law that stipulates the service content of road traffic management organs.