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

Chapter 229 The law does not protect people who sleep on their rights

During the adjournment, the judges stood in the aisle outside the side door of the court, all with wonderful expressions on their faces.

"There's no suspense about this case anymore, right?"

Xiang Qingye asked, in such an obvious case, there can't be different opinions, right?

"Basically not. The administrative penalty imposed on Du Anliang by the Xicheng District Traffic Team is indeed procedurally illegal."

Ding Xiangjin nodded and expressed no opinion.

"Is it just a punishment for Du Anliang? Is it just a procedural violation?"

Song Yajun shook his head: "This is not just a matter of the Xicheng District Traffic Team. Just this one traffic restriction sign is used in the whole city, so how many drivers must be punished because of this invalid sign?

The prohibition sign is invalid. There is a fundamental problem with this administrative penalty. This case can be said to be illegal both substantively and procedurally.

Law enforcement agencies break the law, from the inside out. Now our B City is really famous! "

"Actually, we can't blame them for this. The whole city is doing this. It's an internal problem at the traffic control department. We can't control that much. Let's just talk about Du Anliang."

Xiang Qingye brought the topic back: "But Yajun is right, it is more outrageous that the sign is invalid than that the procedure is illegal.

For this sign to be valid, it is just that the traffic team did not notify it in time. In fact, there is still room for discussion in this case. After all, it was Du Anliang who violated the regulations first. Whether he did not recognize the sign or the traffic team did not inform him, it cannot change his violation. fact.

But this prohibition sign was invalid from the beginning, and the procedure was secondary. Anyway, no matter how you look at it, Du Anliang is quite innocent in this matter. "

"Then there's nothing to discuss. Just revoke the administrative penalty decision and let the traffic team refund the fine."

Without any psychological burden, Ding Xiangjin ruled against the Xicheng District Traffic Team.

"It is right that it should be sentenced this way, but it is a law enforcement agency after all. If this case continues to be sentenced, won't the impact be bad?"

Xiang Qingye was suddenly a little worried: "As Yajun said, I don't know how many drivers have been wrongly fined for this invalid traffic restriction sign. After this sentence is passed, it is estimated that many drivers will have to go for reconsideration, right?"

And there are so many people watching the trial. Although I haven’t checked it yet, I guess that there may be other invalid signs in the 81 interim rules. Our city is still using them. The subsequent impact of this is One by one.

It’s easy for us to judge here, but it will be a blow to the city’s image and the credibility of public authorities. I think it’s better to report it to the leaders and let the leaders make an idea? "

"What you said makes sense."

Ding Xiangjin hesitated for a moment: "But it's true that the Xicheng District Traffic Team made a mistake, so we should discuss the matter on a case-by-case basis, right?"

"This is an administrative lawsuit, how can it be as simple as you said?"

Xiang Qingye shook his head and looked at Song Yajun: "Yajun is the presiding judge, you make the decision."

Ding Xiangjin also looked at Song Yajun.

"I think"

Song Yajun pondered for a while and gave her answer: "The verdict!

It is precisely because so many people are watching that we must judge the case in accordance with the law and cannot consider other factors.

Let everyone see that even if law enforcement agencies do something wrong, our courts will correct it in accordance with the law!

This is not only responsible for the case, responsible for the legitimate rights and interests of the plaintiff, but also responsible for the credibility of the law!

What kind of subsequent impact our judgment will have is not something we should consider.

Even if there is any impact, it will be caused by their own mistakes in the work of the traffic control department. We cannot expect us to wipe their butts by making a judgment that is consistent with their information. There is no such reason.

Now it is obvious that there is a problem with our city’s traffic management, and it must be changed!

If the leaders feel that our judgment is wrong, then what should they do? A second trial or whatever, they can do whatever they want. If the judgment is really wrong, let the leaders punish me. "

After hearing Song Yajun's words, both Xiang Qingye and Ding Xiangjin smiled helplessly.

Punish you? This case is clearly a problem with the traffic control department. Who dares to punish you for this?

Isn't that obviously hitting the muzzle of the gun?

"Since Yajun said this, I don't think so much. Let's decide how to judge. Let them bear the blame."

Xiang Qingye only expressed his concerns and did not necessarily favor the traffic team.

"I can already imagine the leaders of the Xicheng District Traffic Team sitting in their offices worried."

Ding Xiangjin sighed and followed them back to the court.

"All rise!"

Miao Yixiong and Guo Tianqi stood up anxiously.

Although I know that the traffic team may indeed be wrong about this, but we are all brothers, so the judge should give him some face, right?

Otherwise, wouldn't we be scolded to death by the leader after we go back?

"According to the provisions of our country's laws, this court has the corresponding jurisdiction over the case where the plaintiff Du Anliang sued the defendant Xicheng District Traffic Team for improper administrative punishment, and formed a collegial panel in accordance with the law to hear the case in public. The trial has now been concluded.

The plaintiff filed a lawsuit requesting confirmation that the administrative penalty imposed by the defendant on it was invalid.

The defendant, Xicheng District Traffic Team, argued that the violation of traffic restrictions between XX Road and XX Road Section in this case

Based on the facts found in this case and the existing evidence, this court believes that in this case, the plaintiff Du Anliang violated traffic regulations 105 times in a few months. The fundamental reason is that the no-travel sign between XX Road and XX Road Section is invalid. As a result, he did not have a clear understanding of the restricted road section.

Moreover, the defendant, the Xicheng District Traffic Team, only informed Du Anliang of the violation by pushing messages through a mobile phone program when the number of violations continued to accumulate, which did not fall within the 'written notification' method stipulated by the law.

The defendant failed to fulfill its written notification obligation to Du Anliang in accordance with the law for five months, and when Du Anliang handled the violation, he did not issue him an administrative penalty decision for all violations in accordance with the law. There were irregularities in his law enforcement procedures.

Therefore, the administrative penalty imposed on the plaintiff by the defendant, Xicheng District Traffic Team, is invalid.

In summary, this court now renders the following judgment:

1. Cancel the administrative penalty imposed by the defendant, Xicheng District Traffic Team, on the plaintiff, Du Anliang.

2. The defendant fully refunded the fine of RMB to the plaintiff.

3. Dismiss the plaintiff’s request for the defendant to change the traffic restriction sign between XX Road and XX Road Section in Xicheng District.

This judgment is a first-instance judgment. If there is any objection to this judgment, the parties to the lawsuit may appeal to the relevant authorities within the specified period.

After the trial, the judgment will be prepared and served to all parties within the time limit. "

Boom!

With the fall of the gavel, the trial ended.

Is this gone?

Miao Yixiong asked numbly: "The judge ruled that we lost?"

"Lost Captain."

Guo Tianqi swallowed: "Will we be punished when we go back?"

Punishment?

Miao Yixiong trembled, "What kind of punishment? We are just representing the unit in court. Can we be blamed if we lose the lawsuit?"

This is how we have always dealt with violations of travel restrictions. We are not to blame, so don’t panic! "

Although he was comforting Guo Tianqi, Miao Yixiong himself was also panicked. He regrets a little now. When Du Anliang came with his boss, why didn't he reason with them properly?

The fines have obviously been paid, so if you give them some comfort, maybe they won't hire a lawyer or file a lawsuit. How can there be so much nonsense?

I regret it!

"The court ruled that your traffic team lost the case. As a representative in court, how do you feel now?"

"When the court was held just now, you said that the no-traffic sign in this case was established in 1981. Do you think there are other traffic signs in this city that were also established in 1981? Did your traffic team make the wrong fines?"

"Du Anliang is the first, but he shouldn't be the last. If there are other drivers in the same situation as Du Anliang, will you refund all the fines to them?"

"Can you explain why your system can only handle twenty-four violations? Don't you think the system should be upgraded?"

"Why don't you send text messages to notify traffic violations? Other cities now use text messages. I think this is also an issue that the general public is most concerned about."

As soon as they left the court, Miao and Yixiong were surrounded by reporters.

After trying to squeeze out twice, Miao Yixiong felt that there was some trouble.

There were so many questions, and it was impossible for him to answer them one by one.

And he is not so bold as to answer so many sensitive questions on behalf of his unit without instructions from his leadership.

Although it is not clear what the traffic team will face after this verdict, I think it will not be a good thing.

How could he speak casually at this time?

"Everyone, give in. We still have work to do when we get back."

Miao Yixiong and Guo Tianqi could only repeat this sentence, ignoring all questions, and slowly squeezed out of the crowd.

At this time, Ren Zhen and others also came out, and reporters from the department immediately swarmed away. The pressure on Miao Yixiong and Guo Tianqi was instantly reduced a lot, and they took the opportunity to escape.

"Lawyer Ren, can you tell me what you think of the Xicheng District Traffic Team's handling of this case?"

A young reporter with sharp eyes was the first to start. He came to Ren Zhen and asked the first question.

"They are working in accordance with the corresponding regulations, and I think they are conscientious enough."

Of course, the reporter was not satisfied with such a rounded answer.

Working according to regulations? Then why are you taking me to court?

"Then do you think their so-called internal regulations are unreasonable or need to be improved?"

A colleague had already followed, and the reporter quickly asked another question.

Ren Zhen didn't answer, just looked at him and smiled.

Just kidding, this question is too dangerous. How could I say it to the camera?

"Boss Jing, I heard that you helped pay the fines for your company's employees. Is this true?"

Someone did their homework in advance, recognized the real initiator of this case, and stopped in front of Jing Hualong.

"Of course it's true. Our boss will reimburse any fines."

Du Anliang answered the question for him, and Jing Hualong laughed.

"Then I would like to ask Boss Jing, was it your idea to take the Xicheng District Traffic Team to court this time, or was it Du Anliang's own idea?"

This time Du Anliang did not speak and left the question to Jing Hualong.

"It doesn't matter whose idea it is, what matters is that this shouldn't be the case."

Jing Hualong did not answer directly: "This is not a matter of money. If we should pay, we will pay a lot, but if we should not pay, we can pay it first, but you have to tell us one, two, three come out.

Otherwise, no matter how much money or time we spend, we still have to get an explanation.

The emperor breaks the law and is guilty of the same crime as the common people. Nowadays, people everywhere are reasonable and legal. We are fighting this lawsuit for no other reason than to fight for this tone and this reason! "

[B City Traffic Management Bureau announced eight specific measures to standardize law enforcement behavior! 】

The day after the trial ended, City B Traffic Management Bureau held a press conference, and Director Wang Mingchang appeared in person to give his explanation.

“This 10,000 yuan fine has given us a wake-up call and made us deeply aware that we still have many shortcomings in some aspects of traffic management.

Our Traffic Management Bureau has formulated eight specific measures to standardize law enforcement behaviors, including further improving the standard law enforcement notification system, comprehensively reviewing and standardizing traffic sign facilities in this city, standardizing the installation of fixed illegal detection equipment, etc.

This time, one hundred and five punishments were imposed on the parties involved in the case. Such punishments are inhumane to law enforcement and go against the principle of combining education and punishment stipulated in the Administrative Penalty Law.

Here, on behalf of the B City Traffic Management Bureau, I would like to apologize to Mr. Du, the party involved in the case, as well as to the general public and people from all walks of life who are concerned about this incident! "

Director Wang Mingchang bowed deeply downwards.

“A society governed by law not only needs to improve laws and strictly enforce the law, but also needs to take into account the fairness and scientific nature of law enforcement.

The greatest significance of this incident is not whether the person involved violated the rules, but to tell everyone that all citizens have the legal right to question authority.

There is no conflict between rights and power. We strive to create a law enforcement atmosphere that respects rights and protects the legitimate rights and interests of the people. We welcome the general public to supervise our work and make corresponding suggestions! "

Listening to the director's sincere speech on the screen, Ren Zhen stretched.

I didn't expect them to respond so quickly. In just one night, they gave a response and also came up with a specific rectification plan.

Ren Zhen read through the eight measures to standardize law enforcement behavior. They are all quite targeted and highly operable. They are obviously not the kind of face-saving projects made for coping.

It is conceivable that countless people stayed up all night last night for these eight measures.

This is a bit strange. You can come up with a solution to many problems in one night. Why has such an obvious problem not been solved for so many years?

Ren Zhen was a little confused.

Because no one questions it?

The more I think about it, the more likely this answer is.

Just like Miao Yixiong said, it has been implemented this way for so many years, and people in City B have become accustomed to it.

Occasionally, if you violate the rules, go and deal with it. Although it is troublesome, it is not a big deal.

Who would confront the traffic control bureau when they have nothing to do?

No one would make themselves uncomfortable when it comes to deducting a few points from a few hundred dollars.

So, it’s not that the law doesn’t provide rights, it’s that people may not necessarily claim them.

(End of this chapter)