实践中,交通事故发生后,交通管理部门会制作交通事故认定书,明确当事人的责任,对此,当事人即便不服,也无法提起行政诉讼。可在民事诉讼中,法院有权选择采纳或者不予采纳,这也就意味着,可能出现在民事判决之中交通事故认定书效力不被认可,但行政法意义上却具有效力的矛盾场景。那么,交通事故认定书,到底是否行政可诉,本文将对交通事故和其认定书的性质进行分析,进而论证交通事故认定为行政确认行为,从而对其可诉性进行理论和实践的论证。 In practice, after a traffic accident occurs, the traffic control department will make a certificate of traffic accident and clarify the responsibilities of the parties concerned. In this regard, even if the parties refuse to accept the case, they will not be able to institute administrative litigation. In civil litigation, the court has the right to choose to adopt or not to adopt, which means that may appear in the civil judgments in the effectiveness of the accident is not recognized, but the administrative law is effective in the context of conflict. So, the traffic accident certificate, in the end whether the administrative prosecution, this article will analyze the nature of traffic accidents and their certification, and then demonstrate the traffic accident as an administrative act of confirmation, so as to prove its feasibility of theory and practice.