165438+20061around 9: 00 am on October 20th, a bus stop in Nanjing. At that time, two No.83 buses were tandem beside the platform. Because there are more passengers on the previous bus No.83, Mrs. Xu is going to catch the next bus No.83, and Peng Yu also gets off at the back door of the previous bus No.83.. Suddenly, Mrs Xu fell down near the platform. Later, Peng Yu lifted Mrs. Xu from the ground until her son arrived at the scene, and then Peng Yu took her to the hospital with her son. After diagnosis, Mrs. Xu Lao suffered a femoral fracture in her left leg. After the operation, she spent more than 40 thousand yuan on medical expenses and was identified as eight-level disability. At the end of March, 2007, Mrs. Xu sued Peng Yu, claiming that Peng Yu knocked herself to the ground and demanded compensation for various expenses * * * 1.3 million yuan. Peng Yu, the defendant, has always insisted that he didn't run into Mrs SEO, and it was entirely out of kindness to help her get up and accompany her to see a doctor. After three sessions, the case was pronounced in court. A few days ago, the People's Court of Gulou District ruled that Peng Yu should bear 40% of the responsibility and compensate more than 40,000 yuan! !
Fishing law enforcement's allusions come from the "Zhang Jun Incident" in Shanghai.
The "fishing" law enforcement of Shanghai Urban Traffic Law Enforcement Brigade has been questioned by public opinion because it touches people's moral bottom line. This time, the public opinion has risen from the online post "innocent private cars were detained on charges of car theft, and the detention process was brutal and violent". According to the net post, on September 8, 2009, Zhang Jun (pseudonym), a Shanghai white-collar worker, was kindly helping passers-by who claimed to have a stomachache and wanted to go to the hospital, but was recognized as a "black car" to carry passengers by the Urban Traffic Law Enforcement Brigade, and was detained and fined 6,543,800 yuan. Black cars are illegally operated. According to Article 64 of the Regulations of the People's Republic of China on Road Transport, those who engage in road transport business without obtaining a road transport business license shall be ordered by the road transport management institution at or above the county level to stop business; Illegal income, confiscate the illegal income, and impose a fine of more than 2 times the illegal income 10 times; If there is no illegal income or the illegal income is less than 20,000 yuan, a fine ranging from 30,000 yuan to 6,543,800 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law.
It turns out that passers-by is a "hook" of the law enforcement brigade, which is particularly attractive. Hook also forcibly unplugged Zhang Jun's car keys, and seven or eight people in uniform dragged Zhang out of the car. His first reaction at that time was that he was robbed by a robber. He tried to call the police and the phone was taken away. Zhang Jun claimed that his hands were behind his back, his neck was stuck, and his driver's license and driving license were taken away. The other party told Zhang that they were from the urban traffic law enforcement brigade. In the following two weeks, people with similar experiences went to Zhang Jun one after another to tell their similar experiences of being punished for "fishing", most of which occurred in September 2009 14, 15, 16 and 18.
Most of the deceived car owners work for the company, and two of them are private boss drivers. There are different tricks to cheat their "hooks". Some say that "the family members of the car accident are in a hurry to get there", some pretend to be pregnant women who are in a hurry to give birth, and even "hook" a salt bottle to stop the car. As for the process of "fishing", such as deliberately giving them tolls, forcibly pulling out the car keys, "twisting their arms" and taking them out of the car, and detaining the car and fined them 10,000 yuan, it is consistent with Zhang Jun's experience. In this regard, the relevant departments of Minhang District publicly stated in the TV media that its law enforcement is legal.
It is understood that as early as 1992, when Shanghai began to crack down on black cars, "hooks" appeared. In 2006, there was a sharp increase in the number of non-governmental contacts, because there was a reward for reporting, and 500 yuan was rewarded every time. At that time, there was even a vicious incident in which a female "hook" was killed by a black car driver. These professional informers formed an organized group. Generally, there are "hooks" to contact law enforcement personnel, and each "hook" has its own territory. A mature hook can be both safe and well-founded, with a monthly income ranging from three to five thousand yuan to five or six thousand yuan; Hooks can reach hundreds of thousands in the first year. A black car implementation industry chain seems to have quietly formed.
prosecute
China. com1June 10 reported that at noon yesterday, Hao Jinsong, the agent and lawyer of Zhang Jun (a pseudonym), the party involved in the Minhang barb case in Shanghai, received a phone call from the Minhang District People's Court, and the case of Zhang Jun v. Minhang District Urban Traffic Administrative Law Enforcement Brigade in Shanghai has been filed. Since the complaint was filed on September 28, yesterday was the last day when the statute of limitations was stipulated by law.
On September 8, 2009, Zhang Jun (a pseudonym), a white-collar worker in Shanghai, kindly picked up a passerby who claimed to have a stomachache, and was stabbed. fishing law enforcement and Zhang Jun, the transportation management department, were detained and fined 1 10,000 yuan. The incident caused a strong response, and newspapers, TV stations and radio stations in Shanghai all participated in the report, and online public opinion almost overwhelmingly criticized such law enforcement means. On the evening of September 16, Liu Jianqiang, the captain of Minhang District Traffic Administrative Law Enforcement Brigade, walked into the news program of Shanghai local TV station and answered several questions raised by the host with "unclear", "can't disclose" and "this is a work secret". Most netizens expressed dissatisfaction with this and said that this matter is still full of doubts.
On September 28th, Zhang Jun filed an administrative lawsuit with Minhang District People's Court, demanding that the administrative penalty decision be revoked and the fine be refunded. But did not ask for compensation and apology. "I received a phone call from the judge at noon and the case has been filed." Hao Jinsong, Zhang Jun's agent and lawyer, said that he didn't ask for compensation because he was afraid of complications.
"The authority of a government is formed by its consistent good work style, such as democracy, fairness, justice and transparency, and the people sincerely trust it. The barb incident will lead to the decline of the authority and credibility of the government. In particular, on the one hand, the law enforcement brigade flaunts its good image of law enforcement, encourages citizens to show good quality, on the other hand, it despises and cracks down on Zhang Jun's kind manned behavior, which will more seriously lead to the decline of government authority and credibility. " Hao Jinsong believes that "barb" is actually fraud, which does not conform to the principle of good faith, and it is also a heavy blow to social public order and good customs. If even the government that should pay attention to honesty wants to seek illegitimate interests by fraudulent means, enforce the law and violate civil rights, it is very dangerous and will lead to the collapse of a society.
This case has aroused extensive discussion in the society. Well-known writer Han Han wrote in his blog that in this society, if you are sick or have an emergency at home and need a ride, few people will let you get on the bus. Such people are rare species and simple good people. To put it simply, the traffic control department of Minhang District distinguishes these simple and good people from the vast sea of cars, detains them to get off the bus, and then fines them 1 10,000 yuan.