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发交通事故以及产生损害后果中的相互关系,依法做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。本文以交通事故责任认定可诉性的理论依据对认定行为的复议问题,审查问题及法院能否判令公安交通部门重新做出责任认定等问题进行了阐述,认为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。 Accident liability identification refers to the public security organs with traffic management functions to identify the causes of traffic accidents, according to the behavior of the parties involved in the accident in causing traffic accidents and the consequences of the damage in the mutual relations, according to the law to make the parties the size of the responsibility Certified. Because it involves the rights and obligations of the parties, if the parties refuse to accept whether they have the right to bring an administrative lawsuit in the court, whether the court accepts and examine as an administrative lawsuit case, there are different opinions in judicial practice and theorists. This article elaborates on the basis of the reconsideration of cognizance behavior, the question of examination and whether the court can order the public security and transportation departments to make the re-determination of responsibility, based on the theoretical basis of the verifiable suitability of the liability for traffic accidents. It is considered that the determination of traffic liability belongs to the specific administrative act, The parties refuse to submit an administrative lawsuit to the people’s court, and the court has the power to examine the legality of the act of identifying the traffic accident so as to protect the legitimate rights and interests of the parties concerned.