交通事故责任认定的可诉性探析

交通事故责任认定是指负有交通管理职能的公安机关在查明交通事故的原因后，根据交通事故当事人的行为在引法交通事故以及产生损害卮果中的相互关系，依法作出对当事人责任大小的认定。因它涉及当事人的权利和义务，如果当事人不服是否有权向法院提起行政诉讼，法院是否作为行政诉讼案件受理和审查，在司法实践和理论界存在不同的看法，笔者通过本文对交通事故责任认定行为是一种具体行政行为而并非鉴定结论、将交通事故认定纳入行政诉讼受案范围的必要性问题等，阐述对交通责任认定属具体行政行为，当事人不服可以向人民法院提起行政诉讼，法院有权对交通事故认定行为的合法性进行审查，从而保障当事人的合法权益。

On the Responsibility of Traffic Accidents that May be Actionable

The responsibility for traffic that is the responsibility of traffic management functions in the public security organs to identify the causes of traffic accidents, traffic accidents parties in accordance with the law cited in the act, as well as traffic accidents resulting in damage to the consequences of the relationship be- tween the parties in accordance with the law on the responsibility to make The size of that. Because it involves the rights and obligations of the parties, if the parties refused to~ accept the court to have the right to administrative proceedings, whether or not the court as administrative precedings and review of the admissibility of the case, in judicial practice and theory of the existence of different views on the sector, and the author of this article through a traffic accident that the responsibility Is a specific administrative act, not to identify the conclusion that traffic will be included in the scope of administrative litigation case by the need to issue on the responsibility of the traffic that is specific administrative act, the parties can not agree to the People＇s Court administrative proceedings, the court has On the fight to conduct a traffic accident that the legitimacy of the review in order to protect the legitimate rights and interests of the parties.