In the processing of traffic accident, often can encounter a lot of time to restrict, this is the processing time of traffic accident, traffic trouble removal is made inside the time limit that relevant section must set in law, party also must offer application inside formulary deadline, so does cognizance book of traffic accident responsibility examine how long deadline is? Is traffic accident responsibility maintains a book to reconsider flow what kind of? Is cognizance book of traffic accident responsibility reconsidered sue how to undertake? Zhejiang closes achieve attorney office Gan Zhongliang's lawyer is analytic.
One, cognizance book of traffic accident responsibility examines deadline is how long
1, management department of transportation of public security mechanism ought to since the day from field survey road transportation accident is made hold a book inside 10 days. Traffic cause trouble escapes the case is in hunt down traffic cause trouble car and drive person hind makes road transportation accident hold a book inside 10 days. Examine to needing to undertake, of appraisal, ought to examining, since the day with appraisal firm conclusion road transportation accident is made hold a book inside 5 days.
2, produce fatal accident, management department of transportation of public security mechanism ought to be before cognizance book of accident of transportation of the road that make, call together each party to show up, open investigation obtains evidence. The testimony that witness requirement keeps secret or involves privacy of national secret, trade secret and individual must not be made public. Party is not present, management department of transportation of public security mechanism ought to give record.
Gan Zhongliang's lawyer is compensatory:
2, cognizance book of traffic accident responsibility reconsiders flow
Party maintains disaffected to traffic accident responsibility, can be in receive traffic accident responsibility to maintain postscript 15 days inside, up mechanism of one class public security applies for to be maintained afresh; On one class is in after receiving new cognizance requisition inside 30 days, ought to make maintain, change or the decision of cancel. If party punishs decision disaffected to administration, the specific administration action that party makes to public security mechanism refuses to obey, the day that can know specific administration action oneself has office of public security of on introversion one class 60 days. The 9th sets: Citizen, legal person is other perhaps the organization thinks specific administration action encroachs his to close right increase, since the day that can know this specific administration action oneself put forward inside 60 days; But the files time more than 60 days exception that law provides. Because of force majeure other perhaps warrant delays legal application deadline, application deadline continues to calculate since the day that the obstacle eliminates. Eleventh regulation: Applicant, OK and written application, OK also and oral application; Of oral application, the request of the fundamental condition that ought to record an applicant on the spot, administration that reconsider, main fact, reason and time.
Gan Zhongliang's lawyer is compensatory:
3, cognizance book of traffic accident responsibility is reconsidered sue
" law of road transportation safety " be versed in the 73rd times with law of countrywide National People's Congress appoint " whether does cognizance behavior attribute specific administration action about traffic accident responsibility, can deny the opinion that brings into administrative lawsuit to get case range " concerned give an official, accident responsibility maintains traffic not to attribute specific administrative action, party cannot apply for to administration is reconsidered or mention lawsuit of politics of start on a journey.
Party makes traffic accident responsibility maintain book disaffected to door of the Ministry of Communication, have two kinds of relief ways:
1, complain and mirror. Basis " program of road transportation trouble removal sets " the 66th regulation, if party thinks not clear, evidence is not worth fact of cognizance book of traffic accident responsibility, can hand in tubal branch to complain to branch of superintend of mechanism of the public security that be the same as class or mechanism of ranking public security or mirror, if relevant section thinks to be put in the mistake really, can cancel, instruct make new cognizance book afresh.
2, in the demur in civil suit. If party maintains a book to refuse to obey to accident responsibility, oneself can put forward to maintain a book to see of purpose to the accident to the court in civil suit process, clarify reason, people court has authority to decide to whether accept this testimony. If the court thinks the accident maintains a book to have a mistake truly, its can decide afresh according to the fact that find out the responsibility scale of bilateral party, make corresponding civil court decision accordingly.
