| Whether police decisions on comparative negligence percentages can be sued or not is in fact a question about who should take the responsibility of making such decisions:the judge or the police? The practice after the adoption of Road Safety Law in 2003 has highlighted the bankruptcy of the legal provision that police decision in this regard is just an evidence and it is for the judge to decide whether it is valid and acceptable or not. Judges are not willing to take the risk of making a judgment on technical issues which they are not familiar with. In the meantime, except for the police report, judges will not trust and rely on the statement provided by experts outside the court and police bureau, since some experts may be captured by the parties and provide false evidence or untrue statement. Unfortunately, lacking of technical knowledge, judges have no ability to find out the truth. Many civil and administrative cases have revealed that judges always prefer to support or withdraw the police decision, rather than to alter it. That means judges rely heavily on police to find out the fact. Therefore, this author suggests that, a controllable open model should be adopted in the future reform of this system. Under this model, a panel consisting of police and relevant experts should be set up, and the majority members of the panel should be experts. They should work together and make the relevant decisions. In this way, they could achieve comparative independence, and their decisions will be acceptable by both the judge and parties. This model can ensure the smooth and successful implementation of the reform. |
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