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| Opinions of the Legislative Affairs Commission of the Standing Committee of the National People's Congress on Whether the Determination of Traffic Accident Liability is a Specific Administrative Act and May Be Covered by Administrative Lawsuits | | 全国人民代表大会常务委员会法制工作委员会关于交通事故责任认定行为是否属于具体行政行为，可否纳入行政诉讼受案范围的意见 |
| (No. 1 [2005] of the Legislative Affairs Commission of the Standing Committee of the National People's Congress) | | （法工办复字〔2005〕1号） |
| The Legislative Affairs Commission of the Hunan Provincial People's Congress: | | 湖南省人大常委会法规工作委员会： |
| Your Letter (Letter No. 36 [2004] of the Legislative Affairs Commission of the Hunan Provincial People's Congress)sent on December 17, 2004 has been received. Upon deliberation, tour reply is hereby made as follows: According to Article 73 of the Road Traffic Safety Law, a written conclusion on a road traffic accident made by the traffic administrative department of the public security organ shall be deemed as the evidence for handling the traffic accident. Therefore, the determination of traffic accident liability is not a specific administrative act and may not be covered by an administrative lawsuit to be filed with the people's court. If any party refuses to accept the civil compensation related to the written conclusion on the road traffic accident, the party may file a civil lawsuit with the people's court. | | 你委2004年12月17日（湘人法工函〔2004〕36号）来函收悉。经研究，答复如下：根据道路交通安全法第七十三条的规定，公安机关交通管理部门制作的交通事故认定书，作为处理交通事故案件的证据使用。因此，交通事故责任认定行为不属于具体行政行为，不能向人民法院提起行政诉讼。如果当事人对交通事故认定书牵连的民事赔偿不服的，可以向人民法院提起民事诉讼。 |
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