Procedures for traffic accident application for administrative reconsideration

Legal analysis: 1. The applicant may apply for traffic administrative reconsideration in writing or orally.

If the applicant applies orally, the traffic administrative reconsideration organ shall record the basic information, administrative reconsideration request, main facts, reasons and time of the applicant and the respondent on the spot; The applicant shall sign or seal the record of the application for administrative reconsideration.

2, citizens, legal persons or other organizations to the people's court administrative proceedings or to the people's government at the same level for administrative reconsideration, the people's court or the people's government has accepted, shall not apply to the traffic administrative reconsideration organ for administrative reconsideration.

3. After receiving the application for traffic administrative reconsideration, the traffic administrative reconsideration organ shall conduct a review within five days. In accordance with the provisions of the Administrative Reconsideration Law, it shall decide to accept the application for administrative reconsideration, and make a Notice of Acceptance of the Application for Traffic Administrative Reconsideration to be served on the applicant and the respondent; To decide not to accept the application for administrative reconsideration that does not conform to the provisions of the Administrative Reconsideration Law, and make a decision not to accept the application for traffic administrative reconsideration and serve it on the applicant; Inform the applicant to submit an application for administrative reconsideration that conforms to the provisions of the Administrative Reconsideration Law but is not accepted by this organ.

In addition to the provisions of the preceding paragraph, the application for traffic administrative reconsideration shall be accepted from the date of receipt by the legal office established by the traffic administrative reconsideration organ.

4. In principle, traffic administrative reconsideration shall be conducted in written form. However, at the request of the applicant or when the legal affairs office established by the traffic administrative reconsideration organ deems it necessary, it may investigate the situation to the relevant organizations and individuals and listen to the opinions of the applicant, the respondent and the third party.

When investigating the situation and listening to opinions, the reconsideration personnel shall make a record of the traffic administrative reconsideration investigation.

Legal basis: Article 179 of the Civil Law of People's Republic of China (PRC) infringes on others and causes personal injury, it shall compensate the reasonable expenses of treatment and rehabilitation such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, and income reduced due to absenteeism.

If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.

Article 133 of the Criminal Law of People's Republic of China (PRC) violates traffic and transportation management regulations, thus causing serious accidents, causing serious injuries, deaths or heavy losses to public and private property, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; Whoever escapes after a traffic accident or has other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever escapes and causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Traffic Accidents Article 2 A traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention in any of the following circumstances:

(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;

(2) An accident in which three or more people died and were equally responsible;

(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.

If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:

(a) driving a motor vehicle after drinking or taking drugs;

(2) Driving a motor vehicle without driving qualification;

(three) driving a motor vehicle knowing that the safety device is incomplete or the safety components are out of order;

(4) Driving with knowledge of unlicensed or scrapped motor vehicles;

(five) serious overload driving;

(six) to escape from the scene of the accident in order to escape legal investigation.