The Study on the Appraisal Reports of Research Center of Traffic Accident Authentication of Feng Chia University on the Influence of Judicial Referee

• Main Author: 王冠斌
• Other Authors: 葉名山
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/yys66m

碩士 === 逢甲大學 === 運輸與物流學系 === 107 === When a traffic accident occurs, both occupants will suffer hurting and damage, either in spirit or in financial loses. The major reason is the traffic accident liability may not be satisfied for both sides in seeking the real happening about the traffic accident. The results of the traffic accident authentication have major affected the occupants of both sides. Especial in criminal liability and civil liability are more important than the administrative disciplinary acts. Because the criminal liability may cause the occupant in prison, and the civil liability will cause the occupant a lot of financial penalty. That is why both sides of occupants will have big argument about the judicial referee. Through this study, we find out that there are no consistent judicial basis. The reasons are both side have different acknowledge and the courts have different opinions. The differences can be classified in to four types such as （1）. What is real basis for the traffic accident liability? （2）.There are many different opinions among the forensic, authentication methods, and traffic accident reconstruction. （3）.In juridical opinions, the court will be prefer to the scientific evidences or the testimony of wittiness? （4）.Whether the statements of the occupants or the third part can overrule the scientific forensic or traffic accident evidences? This study will collect 446 appraisal reports from Research Center of Traffic Accident Authentication（RCTAA） of Feng Chia University. Then we compare the traffic accident liability of RCTAA to the juridical referee, also we compare the traffic accident liability of RCTAA to the local traffic accident liability committees. This results can be used for the relevant authorities as reference. Keywords: traffic accident reconstruction, appraisal reports, Traffic accident liability, juridical referee