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

Chapter 228 Not telling? If the punishment is unpredictable, then the power is unpredictable?

"I will not question for the moment whether the defendant will explain clearly to every driver of a large truck where they can and cannot go, but no matter whether you will actually do what you said, you cannot change this sign for violating traffic restrictions. is an invalid flag."

Ren Zhen did not give Guo Tianqi a chance to quibble, and went straight to the core of the problem: "According to the provisions of Article 25 of our country's Road Traffic Safety Law, unified road traffic signals are implemented nationwide.

The installation of traffic signals and traffic signs should comply with the requirements of road traffic safety and national standards, and should be kept clear, eye-catching, unambiguous and intact.

Let me ask you a question. In this case, Du Anliang violated the current traffic sign on that section of the road. Which of the 42 prohibited signs in the national standard for road traffic signs belongs to it? "

Cool!

Jing Hualong in the auditorium slumped comfortably on his chair. Aren't you very attractive?

If you had explained it properly when I asked, I would not necessarily be so serious.

The legal fees are well spent!

"This"

Miao Yixiong and Guo Tianqi looked at each other and couldn't explain why for a long time.

"The reason why the Road Traffic Safety Law has such provisions is to provide a unified standard for road traffic across the country and prevent drivers from not recognizing traffic signs on the road."

Ren Zhen looked at Miao Yixiong and Guo Tianqi, his tone full of pain:

“The defendant used a no-travel sign that was ineffective at all, fined the plaintiff, and claimed that local drivers generally obeyed the sign.

The plaintiff is also a local driver. He still makes a living by running sports cars. He doesn’t even recognize this sign. Shouldn’t the defendant reflect on it? "

"The defendant's representative in court, where did the no-travel signs on XX Road and XX Road Section come from? Why don't they follow the national standard for road traffic signs?"

The judges were also very puzzled, and Song Yajun interrupted with a question.

"This sign has been used for so many years. The whole city is like this."

Miao Yixiong spoke, feeling a little aggrieved. This no-travel sign was not made by our Xicheng District Traffic Team. How could we be so capable?

So how do we know why this logo is used uniformly across the city and does not follow the national standard?

Hearing this answer, the judge was embarrassed for a moment.

Is this used throughout the city?

Doesn’t that mean that the administrative penalties imposed by this prohibition sign across the city may be wrong?

The judges looked at each other and suddenly felt a little sweaty.

This court hearing is being broadcast live. If this is a stone hammer, it will be a big blow to the traffic management agency of City B.

"President, I know where this symbol came from."

Seeing that Song Yajun didn't get the answer he wanted, Ren Zhen took the initiative to speak.

"Oh? You know?"

Song Yajun was a little surprised, "Then please explain."

"This prohibited sign is a pattern determined in the annex to the 1981 Interim Rules for Road Traffic Management in Province A and City B. It has been used in City B for a period of time."

"Have you really used it?"

After hearing the answer given by Ren Zhen, the judges almost guessed why Miao Yixiong said that he had been using this logo for so many years.

"But after the national standards for road traffic signs were promulgated in 1999, the temporary road traffic rules in City B were abolished, so the plaintiff claimed that the sign was invalid."

Ren Zhen clearly gave the source and looked at the two people in the dock with some sympathy.

It looked like he had no litigation experience. He was about to go to court, and he didn't even check these most basic things.

The judge may not have time to investigate in such detail because there are so many cases on his hands, but as the parties, the outcome of the lawsuit is directly related to your traffic team, so can't you put more thought into it?

"Does the defendant have anything else to say on this point?"

The facts have been made clear. The meaning of Song Yajun's words is very clear. If you can't give an explanation, then the discussion of this issue will stop here.

Not to mention that this interim road traffic rule has been abolished. Even if it has not been abolished, but its content conflicts with the national standards for road traffic signs, it must still be in accordance with the national standards.

What's your level? Putting the national standard instead of using your own shows that you can do it, right?

"Although the 1981 Interim Road Traffic Rules have been abolished, it does not mean that the traffic signs confirmed by them are invalid."

Of course it is impossible for Guo Tianqi to say nothing. If he makes a concession here, he can directly make a judgment next:

“For some of the traffic signs identified in the annex to the interim rules, our city’s traffic management department has been using them for many years and has installed the traffic signs at planned locations.

The validity of the traffic signs cannot be denied just because the plaintiff Du Anliang was not familiar with the traffic signs.

The purpose of traffic signs is to let drivers know what they can and cannot do on this road section.

In this case, XX Road and XX Road Section were divided into prohibited areas for some large vehicles in the road traffic planning, and the prohibited signs were placed there just to serve as a reminder to drivers.

As long as the purpose of reminding and guiding is achieved, the driver should detour on the corresponding prohibited road section. The driver cannot be held responsible because of his ignorance. "

Hey, don't say it yet. Although what you said is a bit flawed, it really makes sense.

If you make a mistake, you make a mistake. Just because you don't know it doesn't mean you didn't make a mistake.

"The defendant's statement makes sense."

Ren Zhen echoed, making Guo Tianqi nod with satisfaction, and immediately realized something was wrong.

He is on the opposite side of me, so he would be so kind and think what I said makes sense?

“But what the defendant ignored was that, apart from traffic signs, drivers had no other way to know that certain large vehicles were not allowed to enter the section at the intersection of XX and XX.

If your traffic sign is any of the 42 prohibited traffic signs in the national standard, and if the driver does not recognize it and violates the traffic restriction, that is the driver's own problem.

But you put up a sign there that has been abolished for many years, and require drivers to judge that this road section is prohibited through this invalid sign, which may be older than they are. Isn't it too much to impose on others? "

"That's it!"

Du Anliang echoed in a low voice from the side.

This is because our boss is a nice guy. If I were really asked to pay the fine myself, our whole family would have to tighten our belts for the next two months.

"Does the defendant have anything else to say?" At this point, there is no need to discuss this controversial point.

Just with a abolished traffic sign, Song Yajun felt that it could almost kill the game.

"Nothing."

Miao Yixiong and Guo Tianqi looked at each other and could only shake their heads.

"Then the plaintiff will continue."

At this point in the court debate, anyone can see that the Xicheng District Traffic Team is indeed unreasonable.

Moreover, the biggest controversial point in this case has not yet been reached. More than a hundred violations have not been notified once. Even if the traffic sign is valid and the driver violated the traffic restriction, is it true that there is no mistake in the work of the traffic team?

“According to my country’s Traffic Safety Law and the Measures for Implementing the Road Traffic Safety Law of Province A, Article 107 clearly stipulates that if the traffic management department of the law enforcement agency and its staff discover that a motor vehicle has an unhandled record of illegal acts, they shall Inform the owner or driver of the motor vehicle in writing.

The Xicheng District Traffic Team recorded Du Anliang's 105 unhandled illegal acts, but never fulfilled his obligation of 'written notification'. "

The remaining two controversial points were overlapping, so Ren Zhen simply said them all at once:

“According to the regulations on handling procedures for traffic safety violations, if a fine of less than two hundred yuan is imposed on the owner of an illegal motor vehicle, a penalty decision shall be made in accordance with Article 8 of the regulations, that is, a simple procedure penalty decision shall be made.

But in fact, the Xicheng District Traffic Team only issued punishment decisions to Du Anliang for 24 times with illegal records.

Whether it was the failure to fulfill the written notification obligation or the fact that Du Anliang accidentally discovered the violation and went to the traffic team to deal with it, but did not receive the penalty decision for all violations, the plaintiff believed that the defendant's law enforcement behavior violated legal procedures.

Procedural justice and substantive justice are equally important. If even the law enforcement procedures are illegal, how can the punished party recognize such a punishment from the heart? "

"The reason we didn't issue penalty decisions for all his violations is because the electronic information card can only record 24 pieces of illegal information. It's not that we didn't issue it to him."

Guo Tianqi felt very aggrieved: "If there is no record on the electronic information card, our system cannot print the administrative penalty decision, so we ask them to go to the bank to pay the fine and then issue them a payment certificate."

"What kind of limitations or loopholes exist in the defendant's internal system? As an ordinary citizen, Du Anliang should not consider this, nor can he consider it."

Ren Zhen retorted: "As a driver, he only knows that according to the relevant regulations of our country, as long as he handles violations, the traffic team should issue him a penalty decision for the corresponding violation.

As for why your system cannot be opened, that is a problem that you should deal with internally, and the failure to open it cannot be used as an excuse for illegal procedures.

Not to mention, during the five-month-long process of more than a hundred violations, the defendant never took any action to fulfill its "written notification" obligation to the plaintiff.

Failure to notify as required comes first, followed by failure to issue a decision as required. The plaintiff believes that this should not be the behavior of an administrative law enforcement agency in any case. "

Although they were both entities that held state power, the judges looked at Miao Yixiong and Guo Tianqi in unfriendly ways.

They had never wavered in their agreement with the lawyer as they did now.

Only you yourself know what is going on in your system. You have written it down more than a hundred times. If it cannot be issued when the decision is issued, it is your fault!

And if you fail to fulfill your obligation to inform, do you think we are still in an era where punishment is unknown and the power is unpredictable?

Now even if we sentence people to death, we still have to let them die clearly.

"We informed you."

Miao Yixiong couldn't help but retort, and then his momentum instantly weakened, and he said feebly:

“It’s just that we informed you on the mobile app.”

"Is this method of notification through the mobile phone program one of the 'written notification' methods stipulated in the law?"

Ren Zhen asked rhetorically.

Yeah? Isn't it?

Neither Miao Yixiong nor Guo Tianqi could answer.

"Representatives of the defendant appearing in court, do you have anything to add to this case?"

Seeing that they became silent again, Song Yajun knew that they could no longer struggle.

"Nothing."

Guo Tianqi looked at Miao Yixiong, and they shook their heads one after another.

"Then the plaintiff, you can make your final statement."

"Judging from the current laws and regulations, the plaintiff Du Anliang violated the law 105 times at the same location. According to the regulations, he should receive 105 penalties. We recognize this, so Du Anliang has gone to the traffic team , and all the 105 violations were dealt with.

But from a legal point of view, a driver can break the law 105 times, and it is still in the same place. If the driver does not change despite repeated admonitions, then there is a problem in some aspect of traffic management. "

Ren Zhen looked at the defendant's dock opposite: "In this case, Du Anliang didn't know that he had violated the rules at all. How could he refuse to change despite repeated admonitions? The defendant, Xicheng District Traffic Team, did not let him know that he had made a mistake, so what should he do? What about correcting mistakes? I think obviously not.

The ultimate purpose of establishing relevant laws and regulations on road traffic safety in our country is to maintain traffic order, not to impose penalties. Penalties are only ancillary means to achieve the purpose.

In this case, after Du Anliang was caught violating the rules by electronic eyes, the defendant should serve the ticket to the car owner by phone, text message or even email. This not only protects the car owner's right to know, but also ensures the efficiency of off-site law enforcement. .

Perhaps it is true, as the defendant said, that their system can only handle twenty-four violations at a time, and they have always used push messages on their mobile phones to inform the parties.

However, the actual effect of this method of law enforcement deviates far from the original intention of traffic management. It is suspected of "administering traffic through fines" and cannot reflect the spirit of legislation at all.

Written notification may increase law enforcement costs, but this is a reflection of the social responsibility of law enforcement agencies and is a law enforcement cost that should not be omitted! "

Every word of Ren Zhen struck a chord in the hearts of Miao Yixiong and Guo Tianqi, as well as some people in front of the screen:

"To sum up, the plaintiff believes that the traffic restriction signs set up by the defendant on XX Road and XX Road Section are invalid signs, and the defendant has not fulfilled its written notification obligation to the plaintiff, and failed to issue an administrative penalty decision in accordance with the regulations when handling the plaintiff's illegal behavior. Book.

The law enforcement basis of this case was invalid from the beginning, and the defendant's law enforcement behavior in this case did not comply with relevant procedural regulations. Therefore, the plaintiff requested the court to invalidate the administrative penalty imposed by the Xicheng District Traffic Team on the plaintiff Du Anliang by the defendant in accordance with the law, revoke it, and return it to the plaintiff. A fine of NT$10,500 was paid.

And promptly correct the traffic restriction signs between XX Road and XX Road Section in Xicheng District to prevent more drivers from being punished for wrong signs! "

(End of this chapter)