A man named Lao Wu, his family is poor and he has never been able to find a daughter-in-law. As I get older, my family is very anxious. They keep asking people to introduce them to their blind dates, but whenever they mention family conditions, the other party immediately refuses. After being rejected many times, Lao Wu began to have low self-esteem and was full of resistance to blind dates.
One day, the matchmaker introduced a girl named Cheng Xiaofen to Lao Wu. Cheng Xiaofen and Lao Wu are of the same age, and their families are not wealthy. Lao Wu knew that he didn't have hope for this blind date.
However, what I didn't expect was that Cheng Xiaofen really liked him. Although their economic conditions are not good, both of them are hardworking and can endure hardships, and the money they earn can support the family's expenses. When the two got married, they were already in their sixties, and they are still working hard to support their two college-going children.
It takes much more money to go to college than junior high school and high school, and Lao Wu suddenly fell ill and spent a lot of medical expenses. He couldn't do physical work anymore, and the burden of the family was all on Cheng Xiaofen's shoulders. However, she is in her sixties and it is difficult for her to earn more money. In order to support the family's expenses, she can only start growing and selling vegetables. Every morning, she goes to the garden to pick the freshest vegetables, puts them in a tricycle and takes them to the city to sell.
On this day, she picked the vegetables early in the morning, and before she had time to eat breakfast, she took them and set off for the city. She found that many people were setting up stalls to sell vegetables in front of the market, and she also placed her tricycle on the side of the road in front of the market. The vegetables grown by yourself are cheaper than those in the city, and there is no need to pay a stall fee to set up a stall on the roadside, so many people will buy vegetables from her.
Auntie, how do you sell this eggplant?"A customer stopped and asked.
8 cents a pound. "Cheng Xiaofen replied enthusiastically.
Seeing such fresh eggplants, the customer picked a few and handed them to Cheng Xiaofen, and then waited for them to be weighed. At this moment, two chengguan law enforcement officers came over and told Cheng Xiaofen that she couldn't set up a stall here to sell vegetables, and asked her to leave quickly.
Cheng Xiaofen was weighing the eggplant and didn't pay attention to them at all. The chengguan staff persuaded her many times, but she was indifferent. She understood that they didn't want to leave, so the two chengguan went straight to it. One chengguan grabbed her, while another forcibly pushed her tricycle. In order to keep her tricycle, she desperately resisted, and even pulled the epaulettes of the chengguan staff, but in the end she was unsuccessful.
After the chengguan staff let go of her, she felt pain in her arm, and after she was taken to the hospital for examination, the diagnosis was a fracture of the left ulna, which was assessed as a grade 10 disability. She decided to seek legal protection and directly sued the Urban Management Bureau, demanding that the administrative law enforcement actions of the Urban Management Bureau be judged to be illegal and that she be compensated for various losses, totaling 130,000 yuan.
During the court trial, the urban management bureau believed that she was touching porcelain and refused to admit that their actions were illegal. The urban management bureau also refused to compensate her for the amount she demanded. After some debate, the court finally handed down its verdict.
Uncle Han's point of view: Cheng Xiaofen is a person who works hard for the family's livelihood, and she has no other choice but to sell vegetables to maintain the family's expenses. Her tricycle is her only tool, and the actions of the chengguan law enforcement officers are inhumane, and they have not provided her with other legal ways to solve the problem, and should bear the corresponding legal responsibility. At the same time, because Cheng Xiaofen's fracture caused her irreparable damage, the urban management bureau should bear the corresponding financial liability.
Aunt Ma's opinion: The behavior of the chengguan law enforcement officers was in accordance with the law, and they told Cheng Xiaofen that they were not allowed to set up a stall to sell vegetables at the location, but Cheng Xiaofen ignored the law, refused to leave, and clashed with the chengguan officers. The chengguan personnel only performed their duties and carried out legal law enforcement actions against Cheng Xiaofen, and her fracture should be caused by her own resistance, and the chengguan should not be held responsible. In addition, the amount of compensation of 130,000 yuan demanded by Cheng Xiaofen was too high and did not meet the actual loss.
Legal opinion: According to article 64 of the "Administrative Punishment Law", law enforcement personnel who stop the perpetrator's illegal acts shall not use violence, coercion or other illegal means in accordance with the requirements of exercising their authority in accordance with law. The two law enforcement officers of the Urban Management Bureau used drastic measures in the execution of their tasks, which did not comply with the law. Therefore, the court ruled that the administrative law enforcement acts of the Urban Management Bureau were illegal and ordered the Urban Management Bureau to compensate Cheng Xiaofen for various losses totaling 130,000 yuan.
This story emphasizes that administrative law enforcement officers should exercise their powers in accordance with the law and must not abuse their power or use violent means in the course of performing their tasks. This also reminds us that in conflicts with administrative law enforcement personnel, we should understand our own rights and interests and dare to protect our legitimate rights and interests. At the same time, it also calls on administrative law enforcement personnel to abide by the law, strictly perform their duties, and ensure the protection of legitimate rights and interests.