From "legal system and the news" in 3013 second

Reporter: Ma Fucai

In January 15, 2013, Wang Meiyun can't help and came to Liulin County Shanxi province Zhai Dong Cun 307 National Highway Roadside raw Liulin ironworks in hospital, to see her make her anxious FAW Jiefang truck. On this day, in the cold wind of Liulin County on the Loess Plateau of the cold, however, than the wind is cold, the heart of the king of my. Dump the value of Wang Meiyun's nearly four hundred thousand, has been in Liulin County Public Security Bureau Traffic Police Brigade detained in the parking lot near two years, nearly two years, around the car Jiefang Truck has been overgrown with weeds, nearly four hundred thousand of the vehicles are rusted almost discarded; nearly two years the car cannot start off operation, that she suffered heavy losses, heavily in debt, one family and hide oneself from place to place.

So, why the Liulin County Public Security Bureau Traffic Police Brigade to detain Wang Meiyun operating vehicles nearly two years not to put? What is the basis for the last two years by the traffic police brigade to withhold not put an operating vehicle? Liulin County Public Security Bureau Traffic Police Brigade in the law enforcement process in the presence of illegal?

All this, all from the beginning of May 10, 2011.

                     With simple traffic accident

Wang Meiyun tells a reporter, she is a teacher, but because of physical reasons can not work normally, so, in order to support the family, find friends and relatives put all sorts of things together to buy vehicles run transport, this car FAW Jiefang heavy dump truck was purchased in July on 2008, when the car is 340000, on the cost of more than 5, the vehicle door, employment the driver Wang Qisheng gave her to run transport, because she is operating vehicles, according to the vehicle compulsory insurance.
    More than 9 May 10, 2011 in the evening, Wang Qisheng drove the car license plate number for the Jin J19736 heavy dump truck, came to Liulin County Crouching Tiger bay when walking, struck just go to high Xiaoyun here. Wang Qisheng told reporters, after the accident, report the team the first time he called, the team subsequently reported to the police. At the time, was injured Gao Xiaoyun was working in a factory accident road nearby, Gao Xiaoyun called to tell his wife, Gao Xiaoyun love soon arrived at the scene of the accident, tearing and beat him, because her people hurt, so Wang Qisheng did not dare to strike back, coupled with a high smile cloud the work of the factory is near, he is afraid of Gao Xiaoyun's workmates came to beat him, so he ran down the bank from afar, waiting for the traffic police to deal with the matter.

Wang Qisheng said, he saw the police arrived at the scene of the accident, hurriedly ran to the scene, police detained on the spot of his related documents. Accept the traffic accident Liulin County Public Security Bureau Traffic Police Brigade of the registration table also has a detailed record:

The accident time: twenty-one thirty on May 10, 2011; the location of the accident: Liulin County Crouching Tiger Bay Road; the content of the alarm: twenty-one thirty on May 10, 2011, our team on duty police received 110 alarm says, a vehicle pedestrian accidents in Liulin County, crouching tiger Bay, please my team on duty police speed to the scene.

Wang Qisheng said, the traffic police seized documents related to his driving license, he summoned home waiting for the traffic police, Gao Xiaoyun was immediately sent to hospital for treatment, then, the owner Wang Meiyun let her brother to Liulin County Public Security Bureau Traffic Police Brigade sent 10000 yuan, as the pre treatment costs laugh high cloud.

Wang Meiyun told reporters, this is a simple traffic accident, because the vehicle has a sound insurance procedures, she doesn't need to escape, after the accident, as the owner, she has been actively cooperate with the police work, and early advance some of Gao Xiaoyun's medical expenses, she believed that, after the accident, the responsibility she must bear, and the insurance company will make corresponding adjustments. However, Wang Meiyun did not think of, such a simple traffic accident, Liulin County Public Security Bureau Traffic Police Brigade makes it complicated man-made, only to wait for an accident, she and Wang Qisheng were at home waiting for nearly a year.

                 A paper for a yearTheThe accident responsibility confirmation

After the accident, Gao Xiaoyun was sent to hospital for treatment, although the Liulin County Public Security Bureau Traffic Police Brigade even buckle car single nor give her out, but the car Jin J19736 is still detained, interrogation record driver Wang Qisheng has been home to wait for the traffic police, down the owner Wang Meiyun has been waiting for accident responsibility confirmation, she should bear the responsibility and the insurance company claims, all in accordance with the procedures of the end she wants to end quickly, because, the car is she borrow all around money, can the normal operation, can bring benefit and hope.

However, Liulin County Public Security Bureau Traffic Police Brigade may not she hurry, legal procedures and legal responsibility time useless here.

Reporters saw at the Liulin County Public Security Bureau Traffic Police Brigade in May 10, 2011 the road traffic accident responsibility identification, approval, the road traffic accident responsibility identification approval form the simple case described, then, the case undertakers opinion is described in this way: after the scene investigation, the collective meeting to study the decision: "the people's Party of Wang Qisheng Republic of China Road Traffic Safety Law" article thirty-eighth, the provisions of article seventy-sixth, bear the full responsibility for the accident, the parties Gao Xiaoyun not the negative accident responsibility. The signature is Xue Jiangdong, Gao Yaopeng, time is March 6, 2012. In the "leading the instructions or the meeting decided" column, Liulin County Public Security Bureau Traffic Police Brigade in charge of traffic accident vice captain Guo Yueping on the same day with a signed "consent". The same day, Liulin County Public Security Bureau Traffic Police Brigade issued "public character (2012) No. 268th" and "the road traffic accident report". Although, this extremely irregular traffic accident no site map book even should have, no other party Gao Xiaoyun's record, but the two parties waiting for nearly a year later, we have the legal basis for compensation.

China's "road traffic accident handling procedures" provisions of article forty-seventh, the traffic control department of the public security organ shall, from the date of field investigation, ten days to produce the road traffic accident, traffic accident cases in the seized the traffic accident vehicle and driver, making the road traffic accident within ten days of confirmation. 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.So, why the traffic accident occurred in May 10, 2011, in 2012 March, after nearly a year of Liulin County Public Security Bureau Traffic Police Brigade to book the road traffic accident?

Liulin County Public Security Bureau police brigade in the case to the reporter said: after the accident, Wang Qisheng abandoned the vehicle and escape, the owner of the Wang Meiyun (Jin J19736 relationship between husband and wife, Wang Li Jia Wan Xiang Liu Lin County village, and my team official Wang Lijun Police Department), after the accident I have repeatedly and owners Wang Meiyun and her husband Wang Lijun, let the traffic police team, handle the relevant formalities buckle car accidents, and accident investigation work, in this period, Wang Lijun, and his wife Wang Meiyun hasn't been to Wang Meiyun's brother, only in 2011 on 20 May to force to the injured Gao Xiaoyun pay the medical expenses of 10000 yuan, with the Gao Xiaoyun medical expenses increased, due to the owner not with the driver Wang Qisheng also can not find, buckle car formalities have been unclaimed, Gao Xiaoyun wounded medical expenses without payment, accident investigation can not be carried out, the civil compensation can not be implemented in July 18, 2011, the car has left but nobody to receive procedures, until March 6, 2012, our team found the driver Wang Qisheng and evidence, on the same day issued a certificate but the owner and the driver is still not to receive......

In Liulin County Public Security Bureau Traffic Police Brigade description, has always stressed that cannot find the driver and owner. But Wang Qisheng told reporters, he and Wang Meiyun village, after the accident, he went nowhere, investigation and evidence collection has been in the village to wait for the traffic police brigade; Wang Meiyun said, she repeated to the Liulin County Public Security Bureau Traffic Police Brigade representations, worth nearly 400000 cars were detained in the parking lot traffic police brigade, her dream in what when thinking about the car up to the normal operation to earn money to repay debts, how can not find people? Wang Lijun tells a reporter, an official police he himself is Liulin County Public Security Bureau Traffic Police Brigade, every day in the normal work, the so-called can not find people is groundless statement.

                AlreadyPayment,WhileThe vehicle is still held

In 2012 May, Gao Xiaoyun on the basis of Liulin County Public Security Bureau Traffic Police Brigade accident responsibility confirmation, the Peoples Insurance Company of China to Liulin branch vehicle insured against to the court.

In July 23, 2012, Liulin County People's Court issued a 223rd civil judgement, said: Jin J19736 vehicle insurance Peoples Insurance Company of China in Liulin branch, according to "the people's Republic of China Road Traffic Safety Law of the people's Republic of China", "insurance law" provisions, the insurance company shall liability limit this car insured bear the liability for compensation, decision Peoples Insurance Company of China Liulin branch in Shanxi J19736 vehicle insurance to pay strong within the liability limit of 69372.8 yuan compensation for the plaintiff.

After the verdict, the Peoples Insurance Company of China shall pay the Liulin branch Gao Xiaoyun compensation, a traffic accident should say a draw to an end, however, until the press, Park Jin J19736 still park in Liulin County Public Security Bureau Traffic Police Brigade, nearly two years of time, the detained vehicle around to put, and the J19736 has been rusting, nearly scrapped.

Wang Qisheng told reporters, when he opened the Jin J1976, belongs to the fleet of around 30 vehicles cars, these cars,Mainly coal,Have a fixed route,From 27 km, but the team the legitimate operation of the vehicle, a year only because of illegal parking, Liulin County Traffic Police Brigade was fined 9 yuan, the 9 yuan of "fine", it is to the Liulin County Public Security Bureau police brigade "member's money", in Liulin County, each such a team should pay the money "".

In fact, in Liulin County, this mess is not only "member's money", and "privilege car unique Liulin County Public Security Bureau. Although the Ministry of public security has been carried outMotor vehicle licence involved related to permit violations concentrated rectificationLiulin County, but the concentration in the public security departments of the "privilege car", still can not hang a motor vehicle license, you can drive on the road. Reporters saw at the Liulin County Public Security Bureau, park the vehicle compound, at least half no suspension of motor vehicle license, instead of motor vehicle license is placed on the vehicle windshield of a paper "Liulin County Public Security Bureau pass".

In view of the above situation, the reporters came to Liulin County Public Security Bureau Traffic Police Brigade interview. Liulin County Public Security Bureau police brigade Deputy captain Guo Yueping told reporters, not the traffic police brigade car is not put, Jin J19736 owners not to mention cars. A reporter asked, Jin J19736 is operating the vehicle in the parking lot, seized a day, the owner will lose one day, why doesn't she put the car away? Guo Yueping use silence to answer a reporter's question. The reporter asked again, why Liulin County Public Security Bureau inside the park the vehicle without a license suspension most? Guo Yueping give an irrelevant answer, said: "I was in charge of the accident".

In November 20, 2012, Wang Meiyun in Liulin County Public Security Bureau Traffic Police Brigade illegal extended buckle car on the grounds, will sue the Liulin County Public Security Bureau Traffic Police Brigade to Liulin County People's court. In January 16, 2013, Liulin County Administrative Division of the people's Court of Gao responsible person told the reporter, the case is pending.

I hope the law can give Wang Meiyun a fair.