With the development of society and the increasing popularity of modern transportation, road traffic accidents occur frequently, the traffic police violations buckle car reports frequently appear in newspapers, which not only damages the traffic participants' legal rights, but also greatly harmed the image of the traffic department. Especially for some vehicles, buckle car will increase the loss of both parties, the illegal buckle car cause losses to the parties, legal responsibility for the traffic police department may also take the administrative compensation.

The historical evolution of a traffic accident in our country, in the process of practice and the legal basis for the seizure of vehicles

In 1991 the State Council promulgated the "approach to road traffic accidents" the thirteenth stipulation: "the traffic accident caused personal injury to rescue therapy, all the traffic accidents and their units or motor vehicles shall be prepaid medical fees, can also be made by a public security organ designated by a party in advance, after the case in accordance with the traffic accident liability. Traffic accident responsibility person refused to advance or temporarily unable to advance, the public security organ may temporarily detain the vehicle traffic accident."
Rule fourteenth: "motor vehicle traffic accident escape case in the administrative areas of the motor vehicle liability insurance of third, by local People's Insurance Company of China to advance the wounded and rescue the period of medical treatment, the funeral expenses. All People's Insurance Company of China has the right to capture runaway and his unit or motor vehicles, recovery of all funds in advance." according to the provisions of article thirteenth, traffic accident parties regardless of any liability or responsibility size, have paid the medical expenses of the obligation, that party may by his advance, also can by the aggrieved in advance, if the traffic accident responsibility person refused to advance or temporarily not in advance, the public security organ shall be the temporary vehicle detain the traffic accident. From the fourteen provisions can be seen at the time of compulsory motor vehicle insurance only in part area, not all over the country, and the insurance company is only in the case of escape in advance to save costs, funeral expenses. In view of the our country insurance system is not complete, not the establishment of motor vehicle third party liability compulsory insurance system. In order to ensure that the victims can receive timely treatment, only legislation traffic accident responsibility to advance or temporarily unable to advance, the public security organ may temporarily detain the vehicle traffic accident.

With the "road traffic safety law" and "Motor vehicle traffic accident liability compulsory insurance Ordinance"(hereinafter referred to as" cross strong insurance regulations ") issued, in May 1, 2005 the abolition of the" legal provisions after the traffic accident accident will not advance treatment costs can be buckled car ". Implementation of the May 1, 2004 "Road Traffic Safety Law"First proposed the" establishment of motor vehicle third party liability compulsory insurance system, set upThe social rescue fund for road traffic accidents". In March 28, 2006 the State Council promulgated the "Regulations" cross strong insurance, motor vehicle third party liability compulsory insurance has been "cross strong insurance" instead, the Ordinance in July 1, 2006 formally implement the general. "Regulations" provisions of compulsory insurance, inThe People's Republic of ChinaAll motor vehicles on the road or in theAdministratorShould have strong risk of the insured to pay, all motor vehicles, management not in accordance with the provisions of insurance compulsory insurance, the traffic control department of the public security organ shall have the right to detain the vehicle, notify the owner of the motor vehicle insurance, management in accordance with the provisions, and shall pay theInsurance premiumA fine of 2 times. Responsibility compulsory third party motor vehicle insurance system was established as a victim of active treatment provides security fee provides, to cancel the parties involved in the accident prepaid medical. May 1, 2011 implementation of the "road traffic safety law" the provisions of traffic police for the need of collection of evidence, rules may detain the vehicle traffic accident, the provisions for the need of collection of evidence, to detain the vehicle accident. In summary, the traffic management department of our country the seizure of vehicles from the experience of "have the right to arrest for civil compensation" to "the development process can only be detained for investigation.".

Two, our country traffic police impounded the vehicle status and relevant laws and regulations

China's current legal provisions, in addition to the motor vehicle violations, traffic police department only "because of the need to" collect evidence to detain the vehicle, however, the traffic police department "in practice because of the need to" collect evidence to detain accident vehicle, remain illegal seizure of the extended car situation, if the car owner must pay a the number of accidents margin. Of course, the detention of the vehicle accident, advance deposit measures, the smooth implementation of the accident victim's compensation can be realized and the case has played a certain role, but it has no legal basis, against the requirements of administrative law. At the same time, there are also individual practice, the traffic police to "collect the accident vehicle on evidence" to detain the vehicle accident reason, even the term free to extend the detained vehicle.

1, under what circumstances the traffic police department may lawfully detained vehicle?

"Road traffic safety law" seventy-second stipulation: the traffic police should be the scene of the traffic accidentThe inquest, inspection, collection of evidence; the need for collection of evidence, to detain the vehicle accident, but should be properly kept, for verification.

The traffic control department of the public security organ detain the vehicle 112nd, non motor vehicles, should produce a receipt on the spot, and notify the parties to accept the treatment to the traffic control department of the public security organ within the prescribed time limit.

The traffic administrative department of the public security organ shall keep the detained vehicle appropriately, do not use.

The "procedures to deal with road traffic accidents" (hereinafter referred to as the "emergency procedures") twenty-eighth provisions: the need for collection of evidence, the traffic control department of the public security organ may detain the vehicle and the vehicle license, and shall issue a certificate administrative coercive measures. Vehicles and motor vehicle driving license shall properly keep the detained.

"Traffic safety violations processing procedures" (hereinafter referred to as "illegal processing program") twenty-fifth provisions: any of the following circumstances, in accordance with the law to detain the vehicle: (a) a motorized vehicle on the road no motor vehicle plate, without a label of inspection, insurance mark, or fails to bring the vehicle license with the vehicle, driver's license; (two) a forged, altered or forged, altered motor vehicle registration certificate, license, driving permit, inspection certificate, insurance mark, driver's license or the use of other vehicles, motor vehicle registration certificate, license, driving permit, inspection certificate, insurance mark suspected; (three) are not in accordance with the national provisions of the insured motor vehicle traffic accident liability compulsory insurance; (four) highway passenger vehicle or freight vehicle overload; (five) the vehicle is stolen suspect; (six) are assembled motor vehicle or to be scrapped; (seven) does not apply for road transportation of highly toxic chemicals "passes" through the road transportation of highly toxic chemicals; (eight) the non motor vehicle driver refuses to accept the penalty of fine.

On the occurrence of road traffic accidents, due to the collection of evidence needed, to detain the vehicle accident.

According to the legal provisions, in addition to the motor vehicle violations, traffic police department only in "because of the need to" collect evidence, can detain the vehicle, in addition to detain the vehicle should also show the deduction vouchers, otherwise illegal. "Emergency procedures" provisions of article twenty-eighth "because of the need to collect evidence, the traffic control department of the public security organ may detain the vehicle and the vehicle license, and shall issue a certificate administrative coercive measures". The traffic police to detain the vehicle is issued a certificate administrative coercive measures, so the traffic police to detain the vehicle behavior should be considered as a specific administrative act. If the traffic police violations to detain the vehicle, the vehicle owner has the right to bring an administrative lawsuit to seek legal protection.

On the 2, about the traffic police impounded the vehicle time limit

The traffic police may detain the buckle car general how long?

Police detained vehicle time there are clear provisions in the law, its purpose is to avoid the public security organs to the statutory conditions as an excuse to long detain the vehicle.

"Illegal processing procedures" provisions of article twenty-eighth: the detained vehicle, the relevant proof treatment or provide the required formalities, or after verification, the traffic control department of the public security organ shall be returned promptly in accordance with the law.
The public security organ of the traffic management departments to verify time should not exceed ten; extended, in charge of the traffic administrative department of the public security organ at or above the county level for approval, may be extended to fifteen days. Make sure of the time since the vehicle driver or owner, manager provides the detained vehicle certificate of legal origin, makes up corresponding formalities, or accept the treatment date.
Road traffic accidents occurred due to the collection of evidence to detain the vehicle, detain the vehicle time in accordance with the "road traffic accident handling procedures" provisions.

"Emergency procedures" provisions of article twenty-ninth: the need for collection of evidence, the traffic control department of the public security organ may arrest and accident related items, and issue the seized items list in two copies, one copy to the holder is seized goods, an additional copy. Seized articles shall properly keep the.
Seizure shall not exceed thirty days, major case, complex, the public security organ at the same level or the person in charge of the traffic administrative department of the public security organs at a higher level for approval may be extended for thirty days; the provisions of the laws, rules and regulations provide otherwise except.

Article thirty-seventh the need for inspection, identification, the traffic control department of the public security organ shall, from the date of the end of the scene of the accident investigation identified three days entrust a qualified inspection, identification

The field survey, the end of three days after the date of inspection, identification of needs, it shall be approved by the traffic administrative department of the public security organ at a higher level.

Article thirty-eighthTraffic management departments of public security organs shall and inspection, appraisal institutions agreed inspection, identification of deadline, the agreed period shall not exceed twenty days. More than twenty days, should be approved by the traffic administrative department of the public security organ at a higher level, but no longer than sixty days.

Article forty-secondThe accident vehicle detention traffic administrative department of the public security organ in addition to inspection, identification, shall not be used. Notify the party concerned to receive the accident vehicles and motor vehicle license within five days after the completion of inspection, identification. Escape from the abandoned car unattended vehicles or the parties ten days notice is not received, according to the "Regulations of the people's Republic of China Road Traffic Safety Law" 112nd article processing.

Article forty-seventhThe traffic control department of the public security organ shall make up the road traffic accident within ten days from the date of confirmation of site investigation. Traffic accident cases produce road transportation accident in ten days after the seized vehicles and drivers in traffic accident certificate. On the need for inspection, identification, testing, expert conclusion shall be determined on the date of manufacture of road traffic accident within five days of confirmation.

According to the above provisions can draw the following conclusions: because of the vehicle itself illegal seizure, the traffic police department shall be the driver of the vehicle or the owner, manager provides the detained vehicle certificate of legal origin, makes up corresponding formalities or receiving treatment within ten days from the date of the longest fifteen days refund; and the seizure of the need for collection of evidence, which have two situations: first, do not need to check, identification, field investigation after the end of the traffic police should be immediately returned, in such cases, there is no explicit legal provisions, "emergency procedures" provisions of article forty-seventh: "the traffic control Department of the public security organ shall, from the date of making field investigation of road traffic accident ten days in confirmation of." From the above provisions can be calculated, the traffic police department to collect evidence without the need for inspection, identification and the seizure of vehicles, should be from the field survey date not exceeding ten days refund vehicle. The need for inspection, identification, the traffic police department should be in the scene of the accident investigation since the date of the end of authentication institution within three days by qualified inspection, identification, authentication institution shall complete the identification within twenty days after approval, can also be extended to sixty days, the identification is completed, should be returned to the owners in five days.

So, the traffic police detain the vehicle accident is twenty-eight to sixty-eight days. If the traffic police department extended detention of the accident vehicle, the owners have the right to file an administrative lawsuit request the public security organ shall compensate for the relevant.

Three, illegal seizure dangerous vehicle

The illegal seizure of vehicles not only vehicle mainly suffered huge losses, especially the operation of vehicles, traffic police departments should also bear the relevant responsibility, the most important is due to illegal seizure of vehicles will reduce the public to the public security law enforcement credibility, resulting in increasingly tense relations between the police and the people.

First of all, the owner, the illegal buckle car will give the owner loss in economy, spirit. Economic losses are likely to post compensation, but the spirit of the loss is immeasurable, but China's current law, only in the natural person with personality rights are infringed may claim compensation for moral damage, therefore, for illegal buckle car, car owners can only obtain economic civil compensation. Illegal deduction of losses to balance and get compensation, the conflicts between the public and the traffic police department is more and more big, and distrust of the police department, eventually led to increasing public complaints, petitions even against public security organs and the public security police, this is very adverse to the rule of law in china.                              The Department of traffic police, traffic police car buckle behavior belongs to administrative behavior, if the buckle car involved in breaking the law, law should not only bear administrative responsibility, but also bear civil liability. In addition, the traffic police department to understand the law enforcement illegal will seriously damage the credibility of the country.

In recent years, public awareness of law enforcement of public security organs are not satisfied, do not trust the status of concern, the public does not match, or even slander and defy the law enforcement of public security organs situation occurs from time to time. As everyone knows Guizhou "Weng'an incident", Hubei "Shishou incident", Shanghai Yang Jia assaulting case, Yunnan "Meng Lian event", reflects the credibility of the law enforcement of public security organs has received the unprecedented challenge. At the police department warned, standardize law enforcement.