If you were asked to file a lawsuit, how come you were not found guilty?

Chapter 227 Are you punishing me with an invalid sign?

"Okay, let's understand the basic situation first. Next, the plaintiff will read out the complaint."

The judges obviously didn't care about Jing Hualong Company's unified handling of minor matters such as traffic violations. The facts of the case were basically clear, and the trial had officially begun.

Du Anliang sat down and Ren Zhen stood up.

In the past, it was only after the prosecutor read out the indictment that it was Ren Zhen's turn to stand up and speak. Today, he was the first to speak. Ren Zhen also felt that it was a bit clever.

"Plaintiff Du Anliang, male, employee of XX Transportation Company in City B

Authorized agents: Ren Zhen and Chang Jiahang, lawyers at Today Cheng Law Firm

Defendant A, Province B, City B, Xicheng District Traffic Team, address

Litigation claims: 1. Request the court to confirm that the administrative penalties imposed by the defendant Xicheng District Traffic Team on the plaintiff Du Anliang are illegal and to revoke them.

2. The defendant returned to the plaintiff the fine of yuan it paid.

3. The defendant promptly changed the abolished traffic restriction sign between XX Road and XX Road Section in Xicheng District.

Facts and reasons: 1. The traffic restriction sign between XX Road and XX Road Section in Xicheng District does not belong to any of the 42 types of prohibited signs stipulated in the current national standards for road traffic signs. It is an invalid sign. According to this traffic sign, the defendant It marks that the punishment imposed on the plaintiff has no basis in law.

2. Of the administrative penalties imposed on the plaintiff by the defendant, of them failed to issue a penalty decision, violating legal procedures.

3. The defendant failed to fulfill its obligation to notify the plaintiff of the administrative penalties it imposed on the plaintiff, violating legal procedures.

The plaintiff, Du Anliang, often drove through the XX Road and XX sections in Xicheng District between April and September this year due to work needs. Since the electronic system of the Xicheng District Traffic Team determined that this section was a prohibited section for some vehicles, Du Anliang drove Entering this section of road is recorded as a traffic violation.

However, the no-travel signs used on this road section are not included in the current national standards for road traffic signs. Therefore, the plaintiff did not know and could not know that this road section was a road section that he could not drive his car into.

In addition, the defendant, Xicheng District Traffic Team, never fulfilled its obligation to inform the plaintiff of hundreds of violations in five months. When imposing administrative penalties on the plaintiff, it did not issue an administrative penalty decision 81 times. letter, which is a clear violation of legal procedures.

The plaintiff believes that the administrative penalty imposed on the defendant by the Xicheng District Traffic Team has errors in basis and procedural flaws, and is obviously contrary to the principles and purposes of law enforcement. Therefore, the administrative penalty imposed on the plaintiff is invalid and should be revoked! "

"Didn't you say that violations were not reported in time? Why are the traffic signs still wrong?"

"Is it possible that the traffic violation was not informed and the traffic sign was mistaken at the same time?"

"Happy! This traffic team is going to be popular!"

"But if the traffic sign is wrong, it shouldn't be the traffic team's responsibility, right?"

"Why was it that the punishment decision was not given eighty times?"

"Tch, you still need to ask? I must have blackmailed the fine!"

"The fine is paid in the afternoon, and the barbecue is eaten in the evening."

Before Ren Zhen had even finished reading the indictment, people watching the live broadcast were already in a frenzy.

"The defendant, Xicheng District Traffic Team, will answer the question below."

Miao Yixiong glanced at Guo Tianqi next to him and motioned for the young man to get up and answer.

Guo Tianqi is also a member of the Xicheng District Traffic Team. He also studied law in college. Although he is not as good as a judge or lawyer who fights lawsuits all day long, he can still represent his unit in court and deal with it.

“Respondent B City Xicheng District Traffic Team, address

Authorized agents Miao Yixiong and Guo Tianqi, positions.

Due to the case of plaintiff Du Anliang suing our unit for improper administrative punishment, the defense is as follows.

Defense request: Request the court to reject the plaintiff’s application to revoke the administrative penalty and refund the fine.

Facts and reasons: 1. The traffic restriction sign between XX Road and XX Road Section in Xicheng District was set up by City B in accordance with the needs of traffic management and in accordance with the "Interim Rules for Traffic Management of City B". This sign does not conflict with the current national standards, has clear meaning, is clear and eye-catching, and has been generally followed by drivers in our city in recent years.

2. The reason why our traffic team did not issue an administrative penalty decision times against the plaintiff is because our city’s driver electronic information card can only record pieces of illegal behavior information. The administrative penalty decision cannot be printed out.

The reason why the penalty decision cannot be issued is because the plaintiff failed to deal with the violation in time, which has nothing to do with our traffic team.

3. The plaintiff Du Anliang’s violations were all pushed by our traffic team through the traffic control APP. The plaintiff did not check them in time, and the responsibility should not be borne by our traffic team. "

After Guo Tianqi finished reading the reply that he had polished all night, his forehead was already sweating slightly.

He actually knew that the traffic team was somewhat unreasonable in this matter. He was defending here on behalf of the traffic team. It didn't take him a second to think that there would be people scolding him on the Internet, but he had to complete the task assigned to him, which made him feel very sad. It's torture.

"The plaintiff will begin to present evidence."

Although the evidence has been submitted before trial, it still needs to be listed one by one in court. After cross-examination by both parties, it can become the basis for the judge's decision.

"Evidence 1: The defendant Xicheng District Traffic Team made an administrative penalty decision on the plaintiff Du Anliang based on the 24 violations derived from the electronic information card.

Evidence two is the written proof that plaintiff Du Anliang paid the fine at the bank.

Evidence 3: Photo of the traffic restriction sign between XX Road and XX Road section in Xicheng District.

Evidence 5768: The current national standard for road traffic signs (GB1999-).

Evidence five.”

Each piece of evidence was listed, and the clerk scrolled it on the screen in a timely manner to ensure that both the plaintiff and the defendant could clearly see the evidence that Ren Zhen was listing.

"Defendant, representatives of the Xicheng District Traffic Team, do you have any objections or cross-examination opinions to the evidence cited by the plaintiff?"

There was not much evidence, but it was all very clear. Song Yajun barely needed to think before throwing the question to the defendant.

Miao Yixiong and Guo Tianqi discussed in a low voice and found that there seemed to be nothing to question.

They issue the penalty decision, and they also require you to go to the bank to pay the fine. The national standards and so on are universal across the country, so there is no possibility of objection.

"We don't have any objections."

Miao Yixiong said something.

"Okay, since there is no cross-examination opinion, the court investigation phase is over, and now we will enter the court debate phase."

Under the auspices of Song Yajun, Ren Zhen took the lead in speaking during the court debate. "As shown in the evidence section just now, the traffic sign between XX Road and XX Road section where Du Anliang was found to have violated traffic restrictions had a pattern of a motor vehicle at the top and a horizontal bar at the bottom.

There are 42 types of prohibited signs in my country's current national standards for road traffic signs. This traffic sign does not belong to any of the 42 types of prohibited signs.

The traffic sign based on which the Xicheng District Traffic Team implemented administrative penalties is not a prohibited sign stipulated in national standards, and the sign should be invalid.

So of course, the administrative penalty based on this sign should also be wrong. "

Being the first to ask questions during court debates directly takes the initiative.

In fact, at the beginning, Ren Zhen and the others only conducted research on the Xicheng District Traffic Team's failure to notify the violation in time, and felt that there was still a slight chance of winning.

But unexpectedly, after walking around the scene, Ren Zhen felt that the traffic sign for violating traffic restrictions was a bit strange. Although it is not ruled out that he was ignorant, but with his meticulous work habits, Ren Zhen took a photo of the sign. After returning home, I found the current national standard prohibition signs and compared them one by one.

This pair had an unexpected surprise. This traffic sign did not even appear in the national standard.

Isn't this stable?

I glanced at the dock opposite and saw to the naked eye that the two members of the traffic team didn't look good at this time.

"As I just explained in my defense, the signs prohibiting motor vehicles from entering from XX Road to XX Road were set up by our city based on traffic management needs and in accordance with the principles stipulated in my country's national standard GB5768-1999 "Road Traffic Signs and Markings". "

In the end, Guo Tianqi stood up. Although what Ren Zhen said was true, they couldn't give no response at all. He studied for half the night last night and finally came up with an excuse.

Of course, whether the judge believes it or not is no longer within the scope of Guo Tianqi's consideration.

"The defendant mentioned that the prohibition signs in this case were set up based on the principles stipulated in the national standards, rather than directly using the prohibition signs stipulated in the national standards. Is that true?"

Guo Tianqi's words seem to make sense at first glance. We set traffic signs according to national standards. How can you say that our signs are wrong?

But Ren Zhen noticed his cunning little idea and pointed out the problem directly:

"That is to say, the prohibition signs in this case implement the spirit of the national standards for road traffic signs, but strictly speaking, they are not consistent with the national standards for road traffic signs. Can we understand it this way?"

Ren Zhen couldn't be more thorough. Guo Tianqi really wanted to say, yes, your understanding is completely correct.

But standing on the opposite side of Ren Zhen, he still had to struggle for the unit:

"Although the no-traveling sign in this case is not completely consistent with the no-traveling sign stipulated in the national standard for road traffic signs, the color, shape and specifications of the sign do not conflict with the current national standards."

Guo Tianqi glanced at the prepared manuscript: "The meaning is clear, clear and eye-catching, more humane and easier to identify than the existing national standards.

Over the years, drivers in our city have clearly known and abided by it, so this sign is a valid no-travel sign, and the administrative penalties imposed based on this sign are of course valid. "

Sound reasonable? But it doesn’t seem like much.

The judges on the bench picked up the reference books at hand and kept flipping through something.

In fact, in the Administrative Tribunal, especially the Administrative Tribunal of the grassroots courts, although administrative cases are nominally under their jurisdiction, there are only a few administrative cases throughout the year, so most of the judges in the Administrative Tribunal usually deal with civil cases.

In addition, every administrative case that can be sent to the court is full of strange things. When judges encounter administrative cases, they can only work overtime urgently on the regulations involved in the case, and learn and sell them now.

Ren Zhen and Guo Tianqi are now holding on to their own opinions. Their heads are a bit muddled, and they have to quickly find relevant regulations to help them sort it out.

"Just now the defendant mentioned that all drivers in our city clearly know and comply with it? Then let's assume that the defendant's assumption is correct."

As soon as Ren Zhen said this, everyone present looked a little weird.

Suppose he is correct in this assumption?

You can directly say that what he said is nonsense. Are you quite generous?

"Then I would like to ask the defendant a question. When a driver from outside City B comes to this city and he doesn't recognize the no-travel sign, what should he do?"

good question.

The judges looked at Guo Tianqi.

What can be done? If he doesn’t know me, just pay the tuition!

The answer subconsciously appeared in Miao Yixiong's mind, but he knew that he could never say it here and continued to listen to Guo Tianqi's performance honestly.

"If an out-of-town license plate comes to our city, our colleagues on duty on the road will intercept it and give them simple guidance to help them choose the right road."

Guo Tianqi seems quite confident: "The sign of violating traffic restrictions only targets some large trucks. There are not many such vehicles, and they are extremely conspicuous. We have a complete set of internal procedures and regulations. When we see large trucks, I will tell them clearly where they can go and where they cannot go.”

Chang Jiahang pouted, do you believe this?

Judge Song smoothed the hair that was scattered in front behind his ears and glanced at his colleagues next to him. The expressions of the other two judges showed that they had similar ideas to Song Yajun.

Guo Tianqi’s statement sounds beautiful and ideal, but is this really how it works in reality?

Even if they didn't know much about Dache, they knew that Guo Tianqi's words were not very credible.

"If it's true as you said, when your traffic team saw Du Anliang's car, why didn't you stop it and explain it to him? Is it just because his license plate is local?"

Guo Tianqi just breathed a sigh of relief and felt that his answer seemed quite reasonable, when Ren Zhen asked a new question.

He reacted quickly in his mind, and originally wanted to say yes, but Ren Zhen didn't seem to want to wait for his answer, and continued:

"If the answer is yes, then I think there is a problem with the way you are working.

Isn't it possible that a car has a local license plate but the driver is from out of town? Is he going to suffer the loss of being dumb?

If the answer is no, then why didn't you stop Du Anliang's car and let him know where he can and cannot go according to the complete internal procedures and regulations as you said?

Maybe he didn't stop him once or twice, but Du Anliang has been tried more than a hundred times. Can't you even stop him once?

Or does it mean that the so-called procedures and regulations mentioned by the defendant do not exist at all?

Can you please explain to the defendant, will you really make it clear to every driver of a large truck? "

Ren Zhen predicted the answer, and Guo Tianqi was a little lucky. Fortunately, he didn't answer in a hurry just now.

But the further Ren Zhen talked, the more sweat started to form on his vest.

Of course he knew that the explanation process didn't exist at all, but the current situation was different from what he expected?

(End of this chapter)