Today, a friend for advice, said his brother a vehicle traffic accidents has been made for three months, is now "responsibility book" has been issued in more than a month, many times to ask the car, but the traffic police department to require the owner to provide security, she asked me the traffic police vehicles on it. Suspend time is long.

   Impression, "traffic safety law" and other laws is a time limit. Think of the traffic police who is a full-time law enforcement personnel, not to the state laws and regulations are not clear, if I dare not answer, then refer to the part of the law. Indeed, the laws and regulations regarding this in more detail, as follows:

   "Traffic safety law" seventy-second traffic management departments of public security organs from traffic accident after the police, traffic police should be immediately sent to the scene to rescue the injured personnel, organization, and take measures to restore the traffic, as soon as possible.

Traffic police should be inspection, examination, the scene of the traffic accident to collect evidence; the need for collection of evidence, to detain the vehicle accident, but should be properly kept, for verification.

   Twenty-eighth the provisions of Ministry of public security "road traffic accident handling procedures": 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.

   Twenty-ninth the need for collection of evidence, 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.
The traffic control department of the public security organs through field investigation of thirtieth that do not belong to the road traffic accident, it shall notify the parties in writing, and the case is transferred to the relevant departments or inform the parties approach.

   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. Shall within three days at the date of death by autopsy. 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.

   Thirty-eighth traffic management departments of public security organs shall and inspection, appraisal institutions agreed inspection, identification of deadline, the agreed periodNo.More than 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.

   Within five days of forty-fourth inspection, identification of the conclusions to determine the date, the traffic control department of the public security organ shall notify the party concerned to receive the accident vehicle, motor vehicle driving permit and detained the seized items. Escape to the driver of the vehicle or the parties without notice thirty days still do not receive the vehicle, after notice three months not to accept the deal, the detained vehicle handling.

   At the same time, I seriously study the Henan Kai lawyer Qi Qian problemFor "Traffic police have no power to detain the vehicle accident and pay a deposit"Article, the lawyer cite a law a lot of and put forward more lawyers"No, the traffic control department of the public security organ to before release accident vehicle can attach any conditions. Buckle the car in order to ascertain the cause of accident, not to give the traffic accident compensation service." Conclusion.

   In view of this, the traffic police impounded the vehicle should have time limit, which shall go into effect as of September 1, 2006The implementation of 'of the people's Republic of China Road Traffic Safety Law' means "thirty-fifth rules of Hunan Province: traffic accidents caused casualties, property losses can not be settled, the liability of the parties or the accident vehicle owner shall provide effective guarantee; not provided by the traffic control department of the public security organs may, according to the needs of traffic accident treatment detain the vehicle related accidents. The traffic control department of the public security organ shall properly keep the accident vehicle is detained, and in accordance with relevant state regulations.

   In this regard, Hunan Province in the implementation of 'of the people's Republic of China Road Traffic Safety Law "interpretation says' way:

   In practice, after a traffic accident, the person responsible for the accident escape responsibility for the accident happens, the legitimate rights and interests of the victim's damage not only, also affect social stability. To this end, the provincial people's Congress House Judiciary Committee recommended in the draft on the measures for implementing the deliberation opinions reports refer to Tianjin practices, regulations of traffic accidents caused casualties, the traffic control department of the public security organ may be ordered to provide effective guarantee of the parties and the accident vehicle liability for all people; not provided by the traffic control department of the public security organ shall, the release of the accident vehicle related. Provincial People's Congress Standing Committee Law Committee in the revised draft rules and regulations according to this opinion, and in accordance with the deliberation opinions of Provincial People's Congress Legal Committee revised.

   The main contents are as follows:

   One, traffic accidents caused casualties, property losses can not be settled, the liability of the parties or the accident vehicle owner shall provide effective guarantee. This guarantee is a civil behavior, can the people's insurance, also can be the material guarantee.

   Two, should provide guarantee and is not provided, the traffic control department of the public security organ may according to need to handle traffic accidents related to the accident vehicle detention. It should be noted that, buckle car car here and "traffic safety law" provisions of the seventy-second different road. According to "buckle car road traffic safety law" seventy-second stipulation, the purpose is to collect evidence. Therefore, to inspection, identification is completed, should be returned promptly. According to the deduction of the provisions of this article, detained time, unified regulations cannot, buckle car stop due to traffic accident in traffic management departments of public security organs "closure" as the defining standard. The so-called "closure", refers to the traffic control department of the public security organ to make adult casualties or property losses of the traffic accident in accordance with the provisions of laws and regulations to fulfill its statutory duties. Traffic accident in taking the public security traffic management department, if not to provide effective security, traffic management, public security organs should not detain the vehicle accident, but should be told the victim one party applies for preservation before litigation according to the people's court, the court continued detention of vehicle accidents and to protect their legitimate rights and interests of purpose.

   The traffic control department of the public security organ shall properly keep three, accident vehicle is detained, and in accordance with relevant state regulations. The provisions of this article shall detain the vehicle accident aim is not to punish the person responsible for the accident, so as to protect the legitimate rights and interests, to detain the vehicle to the proper custody, shall not use, damage to the detention, shall bear the liability for compensation according to law.

   Thus, Hunan traffic police department can serve as the basis for long-term seizure traffic accident vehicle, but none of them can be flexible link.

The fifty-third Hunan has a lawyer, Ouyang will have to raise a doubt, the lawyer wrote "police legitimacy processing accident compensation disputes deduction of behavior of doubt" that the provisions of this local regulations violate the basic spirit of the legislation and the law "of the people's Republic of China Road Traffic Safety Law" specific law. Conflict, put forward three reasons:

The accident vehicle, the provisions of article thirty-fifth authorized the traffic control department of the public security organ to detain "liability" side, this and "the people's Republic of China Road Traffic Safety Law" the legal provisions inconsistent.

According to "the people's Republic of China Road Traffic Safety Law" provisions of article fifth, the public security department is responsible for "responsible for the administrative areas of the road traffic safety management work," is a kind of administrative responsibilities, is a kind of administrative power.

"The people's Republic of China Road Traffic Safety Law" stipulates that the seventy-fourth ": damages to a traffic accident dispute, may request the traffic control department of the public security organ mediation the parties, may also file a civil lawsuit directly to the people's court". "Procedures" article thirty-fifth authorized the public security departments to deal with traffic accident civil compensation detain the vehicle accident, the public security department chair between parties of traffic accident under the voluntary mediation in fact become mandatory mediation, contrary to the original intention of legislation.

"The people's Republic of China Road Traffic Safety Law" 123rd stipulates: "the Standing Committee of the people's congresses of provinces, municipalities directly under the central government, autonomous region, according to the actual situation in the region, in the provisions of this law within the prescribed range of fine, the specific implementation of standards". The public security department in charge of traffic accident damages civil mediation process, the law does not give detain the vehicle accident to disputes of administrative power. Therefore, the "measures" provisions of the public security department to detain the vehicle accident in the controversial problems of compensation for traffic accident damage powers beyond the legal authority.

Two, the "measures" thirty-fifth to the administrative power. Judicial power provides system support, is the legislative backward.

Public security departments have the right to deal with traffic accidents, the need for collecting evidence, to detain the vehicle accident, can make accident responsibility, can mediate civil disputes of compensation for damage in traffic accident. But this is the public security departments in the exercise of administrative law enforcement, does not represent the public security departments have the right to compensation for damage in traffic accident disputes arbitration; public security departments have the right to make accident responsibility, but has no right to decide who should bear the responsibility for compensation.

"Regulations" in thirty-fifth ways, the premise police detain the vehicle accident is: traffic accidents caused casualties, property losses can not be closed, "liability" parties or the accident vehicle all people do not provide effective guarantee. This article to blur the line between administrative power and judicial power, actually gives the public security departments to identify the accident vehicle party is the civil compensation responsibility is assumed power, executive power to judicial power.

At the same time, "the people's Republic of China Road Traffic Safety Law" whether during the rescue during treatment or the traffic police mediation, no provisions of the public security department may detain the vehicle accident (due to the collection of evidence different); in some other places no similar provisions. Because in the dispute of compensation for traffic accident damage, the accident vehicle side need to bear the liability for compensation, should bear compensation responsibility is much, formed between the traffic accident parties to civil disputes. The tribunal civil dispute is not within the scope of the Public Security Department of statutory duties. The traffic accident damages disputes, such as when the thing the Fonda cannot agree, shall be borne by the people's court according to the civil procedure, the people's court verdict.

Therefore, the "measures" thirty-fifth against the trend of legislation, violated the legal, legislative backwards.

It is reported, Ouyang lawyers also employment this of the NPC Standing Committee to review the legitimacy of the law. This should be a legal person proper attitude.

   Viewed from the point of view, Hunan province is wrong on the provisions of traffic accident vehicle seizure period, I think the two lawyers point of view is correct, however, in the local administrative departments, the implementation of the provisions of the local government is the natural and the departments in charge of the. In this regard, I don't know how to explain to friends, advised her to bring administrative litigation, may let him get v. tired, not seek judicial relief, it is necessary to pay hundreds of thousands of yuan of guarantees, otherwise the vehicle outage losses are great.

   The conflict between law and regulations, a time and there is no way to tell my friend that clear, but her aim is simple, as long as it can let the vehicle recovery operations on the line, finally, advised her to communicate with the police department, strive for collateral and see if it works, the local regulations expressly, now also how? An industrial case as a proxy, according to the state laws and regulations, workers in the third party civil compensation does not prevent get injury benefit, but also is a document in the Social Security Bureau of Hunan Province, make arbitration lost, losing in the first instance, the last instance to mediation node case, who let the local implementation of the provisions by place the tube?