The author in April 23, 2007, according to the "Regulations" the provisions of article sixteenth of the people's Republic of China Road Traffic Safety Law, went to Kunming ninth monitoring stations in use vehicle (license number: cloud AP2527) safety and technical inspection. In accordance with the law to pay and qualified after the inspection, the vehicle nine inspection station excuse the so-called "illegal" record "and refused to issue the conformity inspection mark", saying that Kunming city traffic police detachment legal department: must first processing violation fines, can be issued to "conformity inspection mark".

The so-called violation records, is the three "electronic eyes" and a "Parking", is the first time in May 22, 2005, the time span of up to three years without informing, traffic police department devoted owner review time to "lift punishment", the author also therefore forced to pay a "fine" 863 yuan, also not including inspection fees.

To this, the author was very angry, but no way. Only "enjoy the rape" to pay the fine, so as to avoid the vehicle is not vet illegal status, it may not be the vehicle, "legitimate" detained - private property are likely to be "legitimate" occupation.

In the face of social traffic environment in "rape" behavior, is "life insurance" Liu Che vet visa, endure rape accept "punishment"; or "fight to the death against"? The author is the choice of "rape me against you"!

After checking the regulations, nine inspection station and Kunming city traffic police detachment "a punishment" behavior and way in violation of the "traffic safety law" and "Regulations for the implementation of" motor vehicle inspection "no unit may attach other conditions of the law", and not as arbitrary as suspected. The police not to take legal means and channels to fulfill the duties of magic, but the "public" abuse, violation of the legitimate rights and interests of motor vehicles.

"You raped, I revolt"! In order to safeguard the legitimate rights and interests of the majority of owners, urge the police law enforcement, and entrusted to engage in handling audit affairs nine inspection station in accordance with the law practitioners, maintain "serious traffic safety law", regulating the traffic management has the "rape" law enforcement acts in accordance with the law, the author filed against the administrative proceedings in the traffic police detachment administration as the chaos of Kunming city and the nine inspection station of the entrusting administrative omission two administrative lawsuits against rape, rape, to undertake the legal liability. The following is the author's complaint, please refer to.

2006.4.26


Introduction: Administrative chaos as the indictment

Plaintiff: fan Taonan, on 15 August 1965, live in Ren Min Zhong Lu Bao Guo Jie Ming Chang floor building 2#

Working unit: SDIC Yunnan Dachaoshan Hydropower Co., Ltd.

Address: No. 2 Road protector Guangye building room 2403.

Tel: 301436713888344650.

Defendant: Kunming city traffic police detachment

Legal representative: Su Zhizhong, team leader

Address: Tang Shuang Road No. 45

Tel: 3163221

The claim:

1, convicted the defendant illegal administrative chaos as. The defendant to take illegal restriction of owners according to the inspection way, "ride" illegal act the traffic punishment, will carry out its violation penalty work based to comply with traffic safety law in the owners, to the illegal work instead of the normal legal work and responsibilities, violations of the legitimate rights of owners.

2, outlawed the defendant set "electronic eyes" shooting "violation" behavior "law enforcement", including the "express" mail. The "law enforcement" in violation of "traffic safety law" and "implementing the law on road traffic safety regulations", violated the administrative relative person, namely traffic participants driver's legitimate rights and interests, allegedly to "fine" for the purpose of law enforcement.

3, request the court to the administrative act of the defendant sentenced to judicial review, implementation of rectification, really do according to the law, the legal responsibilities. To take legal means and channels to fulfill the legal duties of traffic safety management, instead of using illegal methods to perform.

4, order the defendant to bear the legal responsibility of illegal administrative chaos as, deliberately take the illegal "law enforcement" against the plaintiff and the majority of the owners, the legitimate rights and interests. In the present case, the defendant was ordered to withdraw the "lift" penalties, restitution of illegal way had been forced to pay the so-called "traffic fines", total 863 yuan, according to the legal means to fulfill the duties of a magic weapon.

5, bear the litigation fee

The reasons and causes:

The plaintiff in April 23, 2007, according to the "Regulations" the provisions of article sixteenth of the people's Republic of China Road Traffic Safety Law, go to the nine inspection station occupied vehicle (license number: cloud AP2527) safety and technical inspection. After the payment according to law and qualified, nine inspection station told the plaintiff's motor vehicle has the so-called "illegal" records, in accordance with the provisions of the legal department of the Kunming city traffic police detachment, must handle violation fines, can be issued to "conformity inspection mark".

The "motor vehicle violation penalty suggested that single" said: "the cloud AP2527 owners, in May 22, 2005, October 8, 2005, December 27, 2006, you in the gas company, hospital, Danxia South West Road North, traffic signals, please in the detection of visa, as soon as possible to the group receiving punishment illegal do and eliminate illegal status, otherwise it will affect your vehicles examined under once. In April 23, 2007 nine inspection station"

But the actual situation is to accept the punishment, to a visa, and "tip" has been completely different.

Another note said, "you in May 23, 2006 in the seven teams within the jurisdiction of illegal parking"...... For the traffic violation records, the plaintiff before checking the vehicle is unknown, the time span of 3 years, during which the police stem what go to? Why don't you tell? To tell why the car, but also "treatment" after the vet visa, "sit"? Vehicle inspection of vehicles, with the driver violations are two entirely different legal relations, let alone last January to review a driver's license (and sparked a accused police illegal action).... So deliberately set the vehicle to the illegal situation to stress "law enforcement", is it legal?

After checking the traffic safety regulations, the traffic police department practice, completely contrary to the "traffic safety law" and "Regulations for the implementation of" motor vehicle inspection "no unit shall be permitted to law attach other conditions". The defendant to take illegal restriction of owners according to the inspection way, illegal "ride" called for the implementation of traffic "punishment" behavior, will carry out its violation penalty work based to comply with traffic safety law in the owners, to the illegal work instead of the normal law work and responsibilities, greatly infringed the owner's legitimate rights and interests. The citizens need to "legitimate" mentality to implement illegal "law enforcement", in order to achieve the purpose of violent law enforcement fines, this is one of the reasons the defendant illegal manufacturing management chaos. The majority of the driver or owner of this anger, great anger, grudges for a long time, has come to a time when the radical - the need of harmonious society is the law enforcement can not be the first law!

On the other hand, the so-called "electronic eyes" illegal information "express" mail "informed", but is oneself, do not take the initiative to prove its authenticity, how the driver is able to prove that? But also to the driver charged "mailing", since it is the driver or owner pay, post invoice and receipt must provide, how only invoice but no receipt? As the post consumer, this is the minimum rights. Mail clients is a driver and not the traffic police, traffic police to replace the driver by what decide? As the defendant of administrative relative person, civil rights and interests for others to do the traffic police can not, can not stay, not on its own responsibility to let the driver take the law enforcement cost.

"Electronic eyes" photo punishment is based on the "traffic safety law" 114th article "the traffic control department of the public security organ according to the data recorded by the traffic technical monitoring, the illegal motor vehicle owner or manager shall be punished according to law. The driver can be determined, in accordance with the provisions of this Law shall be punished according to law." And the punishment procedure should be based on "the implementation of traffic police in accordance with the summary procedure of administrative penalty is made on the spot 108th" Regulations ", and on the basis of the facts, reasons shall be punished to inform the illegal activities of road traffic safety, and the written decision on the administrative penalty on the spot to pay penalties." Thus "inform" and "on the spot" is the obligation and responsibility to the law enforcement. "Electronic eyes" photo and "express mail" notification is law enforcement in new ways, but can not limit the abuse of law enforcement ", must also be consistent with the main legal, illegal facts, there are grounds for punishment, time" "on the spot" principle. In this case, a few years ago "traffic technical monitoring records" of the "illegal" as legal basis, is suspected of "fine" for the purpose of punishment, in violation of the "Regulations for the implementation of" sixth chapter "law enforcement supervision ninety-eighth traffic control department of the public security organ shall open administrative system, procedures, establish the present Regulations supervisor system, and consciously accept the supervision of society and the masses." And "traffic safety law" 110th "the punishment to the traffic administrative department of the public security organ and the traffic police have the right to make statements and arguments, the traffic police should fully listen to the statements and arguments of the parties, may aggravate the punishment for the statements of the parties, defense."

From the above regulations visible, "electronic eyes" photo punishment has serious defects and flaws, can not guarantee justly and real, single "photo" does not prove that the illegal facts, but is imposed by the defendant, in fact has been deprived of the right to the Chen and pleading, violations of the legitimate rights and interests the driver.

In this case, the old "electronic eyes law enforcement" the plaintiff was forced to face in the vehicle inspection is not Chen Shuquan and the defense right, litigation is the need to court investigation confirmed; and to have been "happening" three "electronic eyes law enforcement" mailing fees, unless the defendant can prove that it had, otherwise it should return. Normally, the traffic police should sign the entrustment agreement with the driver, in obtaining authorization, to take the "express" means "to inform". Unauthorized owners, the unilateral imposition is no legal basis, must pay compensation. At present, the defendant's so "inform" way is the violation of consumer rights and interests of the driver, must be corrected, has caused the illegal possession of, must return; and the so-called "in May 23, 2006 parking" in the seven teams within its jurisdiction, plaintiff even illegal facts are not seen, it was forced to accept the "punishment", pay the fines (see the evidence submitted by the plaintiff). According to the facts mentioned above, the use of the vehicle violation penalties to vet the opportunity to implement, violated the legitimate rights and interests, this is the case of the cause and reason.

To sum up, the focus is the use of the plaintiff's case law review vehicle opportunity, illegal "old account", regardless of the so-called "old account" and the plaintiff to vet the vehicle, no legal basis for the administrative behavior. At the same time, dealing with the "old account" is forced, the defendant only attach importance to "fine", in violation of legal procedure, the legal process of illegal, illegal, has aroused the great indignation and dissatisfaction with the driver. Illegal "law enforcement" the defendant is a great damage to the traffic and harmonious, must be corrected!

In order to safeguard the legitimate rights and interests of the owners, urging the administration according to law, legitimate perform their statutory duties, safeguard the solemnity of the law, to avoid the "public", continue to abuse is the plaintiff brought the lawsuit purpose, please the people's court according to law arbitration, safeguarding the legitimate rights and interests of drivers and owners.

Yours sincerely

Guandu District People's court

The plaintiff (signature): Fan Tao

April 26, 2007

The case law, regulations:

One, "the people's Republic of China Road Traffic Safety Law" the second chapter vehicles and drivers of motor vehicles, non motor vehicles first day

Article thirteenth of motor vehicle driving on road after registration, shall be in accordance with the provisions of laws, administrative regulations, based on the use of vehicles, passenger cargo quantity, use fixed number of year in different situations, the regular safety inspection. To provide the vehicle license and motor vehicle third party liability compulsory insurance, motor vehicle safety and technical inspection agency shall be examined, no unit shall be permitted to attach other conditions. In line with the national technical standards for safety of motor vehicles, the traffic control department of the public security organ shall issue the conformity inspection mark.

The safety and technical inspection of motor vehicles with socialized. The specific measures shall be formulated by the state council. Motor vehicle safety inspections of the place, no unit shall not require the vehicle to the designated test sites.

Traffic management departments of public security organs, motor vehicle safety and technical inspection agency shall not require the vehicle to the designated place for repair, maintenance.

Motor vehicle safety and technical inspection agency fees for motor vehicle inspection, shall strictly implement the ratified by the price administrative department of the State Council charges.

Two, "the people's Republic of China Road Traffic Safety Law" the second chapter vehicle and driver section of motor vehicle

Fifteenth motor vehicle safety and technical inspection is carried out by the motor vehicle safety and technical inspection agency. Motor vehicle safety and technical inspection agency shall conduct inspection of motor vehicles in accordance with the national standards for motor vehicle safety and technical inspection, inspection results bear legal responsibility.

Sixteenth motor vehicles shall, from the date of registration, safety and technical inspection in accordance with the following terms:

(three) small, micro non operating passenger cars 6 years testing every 2 years 1; more than 6 years, the annual inspection of 1; more than 15 years, to test 1 times every 6 months;

The safety technology inspection seventeenth registered motor vehicle, the motor vehicle driving permit content of registration records with the vehicle does not match, or fails to provide the motor vehicle third party liability insurance certificate, shall not pass inspection.


Reading two: not as administrative complaint

Plaintiff: fan Taonan, on 15 August 1965, live in Ren Min Zhong Lu Bao Guo Jie Ming Chang floor building 2#

Working unit: SDIC Yunnan Dachaoshan Hydropower Co., Ltd.

Address: No. 2 Road protector Guangye building room 2403.

Tel: 301436713888344650.

Defendant: Kunming ninth motor vehicle safety inspection station

Legal representative: Cao Jinyun

Address: Wang Jia Qiao Xishan District Road No. 366

Tel: 0871-8303506, 8305337

The claim:

6, sentenced the defendant to perform their statutory duties, the plaintiff has issued vehicle (cloud AP2527) conformity inspection mark;

On judicial review of administrative action, 7 of the defendants, sentenced to the implementation of rectification, administration according to law.

8, defendant liable for failure to perform the statutory duties, deliberately illegal and legal liability against the legitimate rights and interests of the plaintiff.

9, bear the litigation fee

The reasons and causes:

The plaintiff in April 24, 2007, according to the "Regulations" the provisions of article sixteenth of the people's Republic of China Road Traffic Safety Law, to the defendant on occupied vehicle (license number: cloud AP2527) safety and technical inspection fee, in accordance with the law and qualified after the inspection, the defendant excuse plaintiff motor vehicle has the so-called "illegal" refusal to issue a "inspection record mark", in violation of the "traffic safety law" and "Regulations for the implementation of" motor vehicle inspection "no unit shall be permitted to law attach other conditions", does not perform magic duties, against the plaintiff as the legitimate rights and interests of motor vehicles. In order to safeguard the legitimate rights and interests of the owners, supervision according to law and fulfill the principal defendant in administrative duties, safeguard the solemnity of the law, to avoid the abuse of "public" and brought the lawsuit.

The case law, regulations:

One, "the people's Republic of China Road Traffic Safety Law" the second chapter vehicles and drivers of motor vehicles, non motor vehicles first day

Article thirteenth of motor vehicle driving on road after registration, shall be in accordance with the provisions of laws, administrative regulations, based on the use of vehicles, passenger cargo quantity, use fixed number of year in different situations, the regular safety inspection. To provide the vehicle license and motor vehicle third party liability compulsory insurance, motor vehicle safety and technical inspection agency shall be examined, no unit shall be permitted to attach other conditions. In line with the national technical standards for safety of motor vehicles, the traffic control department of the public security organ shall issue the conformity inspection mark.

The safety and technical inspection of motor vehicles with socialized. The specific measures shall be formulated by the state council. Motor vehicle safety inspections of the place, no unit shall not require the vehicle to the designated test sites.

Traffic management departments of public security organs, motor vehicle safety and technical inspection agency shall not require the vehicle to the designated place for repair, maintenance.

Motor vehicle safety and technical inspection agency fees for motor vehicle inspection, shall strictly implement the ratified by the price administrative department of the State Council charges.

Two, "the people's Republic of China Road Traffic Safety Law" the second chapter vehicle and driver section of motor vehicle

Fifteenth motor vehicle safety and technical inspection is carried out by the motor vehicle safety and technical inspection agency. Motor vehicle safety and technical inspection agency shall conduct inspection of motor vehicles in accordance with the national standards for motor vehicle safety and technical inspection, inspection results bear legal responsibility.

Sixteenth motor vehicles shall, from the date of registration, safety and technical inspection in accordance with the following terms:

(three) small, micro non operating passenger cars 6 years testing every 2 years 1; more than 6 years, the annual inspection of 1; more than 15 years, to test 1 times every 6 months;

The safety technology inspection seventeenth registered motor vehicle, the motor vehicle driving permit content of registration records with the vehicle does not match, or fails to provide the motor vehicle third party liability insurance certificate, shall not pass inspection.

The above is the cause and reason for the plaintiff, please court of arbitration.

Yours sincerely

Wuhua District People's court

The plaintiff (signature): Fan Tao

April 26, 2007