The woman's purchase of a new electric car was seized, and after 9 years of appeal, the dispute over the authority of the traffic police is to be resolved
A tragedy caused by a conspicuous electric car.
Huang, a woman from Shenzhen, is from another province, and she has been working hard in a big city, hoping to have a good development prospect. However, her efforts ended in failure.
Huang bought a brand new pure electric car for 1,600 yuan, which in her opinion is a big investment. She hopes the electric car will make it easier for her to get to and from work and avoid being overwhelmed on the bus. Huang happily used the money he had worked hard for several months to buy the electric bicycle of his dreams.
After only three days of riding, Huang encountered a tragic incident: a traffic police officer detained his vehicle on the grounds of an overloaded motorcycle. Huang couldn't believe that an electric bicycle he had managed to accumulate was actually seized, on the grounds that it was "beyond the standard".
The girl Huang panicked, took out the receipt and qualification certificate of the electric bicycle she bought at the beginning, and wanted to show the traffic police whether her vehicle was regular and whether it met the traffic regulations. However, the policeman did not listen to her arguments and did not produce any evidence, and insisted that her motorcycle exceeded the prescribed standard, so he issued a fine. 2. The bumpy road to victory.
Huang was very angry and felt that the traffic police did not have the right to detain his vehicle, so he filed a lawsuit with the police station on this ground, requesting that the fine be cancelled, the battery car should be returned or the damage compensation should be compensated.
After more than nine years of litigation, Huang finally won the lawsuit. After the court trial, Huang submitted relevant receipts and various vouchers for the purchase of electric bicycles to prove that the electric bicycles he was driving were in compliance with laws and regulations. Moreover, the factory certificate given by the police department does not prove their claim. In addition, Huang also said that the patrol police were not traffic police and had no authority to detain his vehicle, and the court also confirmed this statement.
In the first trial, the court found that the traffic police's law enforcement actions were ultra vires, had no relevant legal basis, and did not publicize them. Accordingly, it was decided to cancel the fine imposed on Huang, and at the same time ordered the bureau to pay Huang 1,600 yuan for the purchase of the car. Dissatisfied, the Board filed a lawsuit, but the second court quashed the decision and rejected the Board's appeal.
Reflection and dissection.
This case has aroused great attention and heated discussions from all walks of life. Some people think that it is not cost-effective for Huang to sue for an electric bicycle for nine years, and it should be viewed from this point of view that this is a very cost-effective practice. But some people said that Huang's persistent and serious attitude is commendable, and she has promoted the implementation of justice with her own strength.
In this case, we also found several problems. First of all, before the punishment decision is implemented, the facts, reasons, and basis of the violation must be explained to the parties, and the circumstances must be explained to the parties, and relevant supporting materials must be submitted to them. However, in this case, the traffic police did not fully listen to the statement and evidence presented by the party Huang, and then imposed a fine.
Secondly, there is also a dispute over whether the public security organs have the right to enforce the law on Huang's electric bicycle. Huang said that the patrol police were not traffic police and had no authority to detain his vehicle, which was confirmed by the court. In the process of exercising power, it is necessary to comply with certain duties and authority to avoid abuse of power.
At the same time, this case also reflects the urgent need for the supervision of electric bicycles in China. The rapid development of electric vehicles has put forward new requirements for urban road traffic safety. When formulating corresponding laws and regulations, it is necessary to fully consider the actual situation and take into account the public interest, so as not to cause trouble and damage to legitimate users.
Overall, this event has given us some food for thought and inspiration. When exercising their powers, they must fully respect the rights of relevant personnel, act in accordance with the law, and comprehensively consider and weigh the interests of all parties when making corresponding decisions. On this basis, for the supervision of electric bicycles, it is necessary to establish and improve laws and regulations to protect the legitimate rights of bicycle users and maintain the safety of public transportation.