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交通事故责任认定机制是否合理,在理论界一直存有争议。新的《道路交通安全法》出台后,对交通事故责任认定机制作了一定的修改,并且将交通事故认定书的性质作了进一步的明确,但是否合理呢?本文将从刑事诉讼的角度,结合办案实践,对我国当前交通事故认定机制可能存在的缺陷进行探析,并提出相应的解决方法。
Whether the liability identification mechanism of traffic accidents is reasonable has been controversial in theorists. After the new Law on Road Traffic Safety was promulgated, some modifications have been made to the mechanism for identifying the responsibility of traffic accidents, and the nature of the certificate of traffic accident has been further clarified. However, whether it is reasonable or not? This article, from the perspective of criminal lawsuits, Combined with the practice of handling cases, this paper analyzes the possible defects in the current identification mechanism of traffic accidents in our country and puts forward corresponding solutions.