As now ceaseless development of economy, the car is increasing, on road travel hard to avoid can produce a few accidents, when these accidents happen on our body, a lot of cars advocate the responsibility that who knowing after all is. So what effect does cognizance book of traffic accident responsibility have? Does responsibility of road transportation accident hold a book how service? Does to traffic accident responsibility cognizance book refuse to obey how to do? Sichuan times always Lei Yongjun of fine attorney office's lawyer is analytic.
One, traffic accident responsibility holds a book
Cognizance book of responsibility of road transportation accident is highway code of according to of management department of public security transportation have to the party of traffic accident without behavior of violate the rules and regulations, and damage consequence to behavior of violate the rules and regulations and traffic accident between causal the writ material that when having qualitative, mensurable judge, forms. It is a kind of technology writ that has legal effectiveness, its purpose is to distinguish accident responsibility, mix for according to highway code other the person that set pair of cause trouble makes correct and appropriate disciplinary action, after also be at the same time, accident damages processing lays next foundations, provide a basis; Participator of broad to education traffic draws beneficial lesson from which, to study the law that traffic accident produces, the safety with effective formulate is on guard measure also has principal port and effect.
2, responsibility of road transportation accident holds a book how service
1, cognizance book of responsibility of road transportation accident ought to take direct service kind above all, give get service him person; Suffer service person to be absent, can consign the its manhood family member, functionary that is in an unit or its reside a dwelling place (village) civilian committee generation closes.
2, suffer service him person to perhaps take the place of receive a person to reject to receive or reject to sign and press down finger mark, service person can invite its neighbour other perhaps witness is present, show a case, also can undertake recording kinescope to rejection circumstance, keep document in get service person part, in add the law that coil date of rejection main content, service is made clear on writ, be signed by service person, eyewitness or press down finger mark, regard service as namely.
Lei Yongjun's lawyer is compensatory:
3, to traffic accident responsibility cognizance book refuses to obey how to do
According to top people court " a certain number of regulations about civil suit evidence " the 27th, the condition that set two kinds the 28th times to be able to apply for new appraisal respectively:
1, the appraisal conclusion that party makes to branch of appraisal of people court precatory disagrees and evidence proves its exist one of following scenario: (one) appraisal orgnaization or appraisal personnel does not possess relevant appraisal qualification; (2) appraisal process breaks the law badly; (3) apparent basis is not worth appraisal conclusion; (4) the other state that cannot use as evidence through pledging card is maintained.
2, the appraisal conclusion that proper motion of one party party entrusts concerned branch to make, party of other one party has evidential enough to refute.
Lei Yongjun's lawyer sums up:
The Ministry of Public Security " program of road transportation trouble removal sets " since the day that traffic accident party can hold book service from road transportation accident inside 3 days, up management department of transportation of mechanism of one class public security offers written check application. Management department of transportation of mechanism of public security of on one class rises 30 days from the day that accepts check application inside, whether clear to fact of road transportation accident, evidence whether really sufficient, applicable law responsibility of accident of transportation of whether correct, road differentiates investigation of accident of transportation of whether just, road and whether does cognizance program undertake checkup legally, make check conclusion.
