Although a week has passed since the incident, the "Mercedes-Benz plug-in smashing the hood" incident on the Internet has not subsided. On February 4, Shandong Rizhao** also had to "give up" and confirm that there was no tampering by Chery Automobile involved.
After the Public Security Bureau of Xuwen County, Zhanjiang City, Guangdong Province issued a "Circular" on a minor traffic order dispute, why did the so-called "Rashomon" appear? Hu Lei, a lawyer at Sichuan Dingchi Law Firm, believes that the cause and effect of the entire incident should be further investigated, and the degree of Wang's fault in this matter should be clarified, rather than being hastily punished in the face of pressure. 。
Some netizens said that at the time of the incident, the driver of the Chery sedan was suspected of driving without a license and overloading.
On January 31, the Xuwen County Public Security Bureau issued a "Situation Report" saying that at around 15:00 on the 29th, a white sedan (hereinafter referred to as: Chery) and a black commercial vehicle (hereinafter referred to as: Mercedes-Benz) were in Xuwengang. When I was queuing up to buy a ticket to board the ship, there was a dispute over the order of passage. Mercedes-Benz passenger Wang (male, 40 years old, from Hebei) got out of the car and walked to the side of the Chery car. He stopped the car, insulted it, and slammed the hood of the Chery car with his fist, causing the hood to dent. Subsequently, the two parties drove away. At present, Xu Wen** has detained Wang for 10 days in accordance with the law and fined 500 yuan.
Dashcam footage from Mercedes-Benz during the accident.
In previous reports, Chery passenger Ms. Xu (Douyin account "Wulian Xu August") once posted** that the person driving the Chery car at the time of the incident was her 71-year-old grandmother. In the follow-up ** released by Ms. Xu, Ms. Xu's grandmother also came forward to accept the condolences of Chery employees and drove the scooter provided by Chery.
The ** taken by netizens at the scene shows that the driver of the Chery car is a man.
On the evening of February 1, some netizens posted that the person driving the Chery car was a man, not an old woman. On February 2, Ms. Xu said in an interview with Jiupai News: "I never said it from beginning to end (my grandmother is a driver). ”
Afterwards, some netizens said that the driver of the Chery car was suspected of driving without a license, the Chery car was suspected of overloading, and the Chery car was also suspected of colliding with Wang. Therefore, Chery did not choose to call the police immediately after Wang smashed the hood. However, as of now, Xu Wen** has not made further reports on this matter.
*:* should investigate the truth and respond to public concerns.
On February 4, Jimu News commented, "(This) was originally a small thing, as long as each of us took a step back, we could have a better future, but it developed into such a huge **storm, and many people were arrested." "It's a shame and it's not worth it. The commenter believes that since ** is involved, there should be detailed findings. A mere sentence of "disputes due to the order of passage" cannot fully clarify the facts, and it is recommended that further authoritative and detailed explanations respond to public concerns on several major doubts that netizens are concerned about.
Screenshot of Xu Wengang monitoring**, the red circle is the location of Mercedes-Benz and Chery Automobile.
Hu Lei, a lawyer at Sichuan Dingchi Law Firm, also believes that although Xu Wen** quickly punished the incident after it attracted public attention, whether they conducted a comprehensive investigation of the entire incident played an important role in the handling of the incident. "The significance of investigating whether the Chery car owner contradicts Wang is not only to investigate the responsibility of the Chery car owner, but also to evaluate Wang's behavior itself. From the perspective of administrative law, the public security organs must punish Wang. "For the public security punishment of those suspected of violating the administration of public security, on the basis of clear facts and sufficient main evidence, the administrative punishment follows the principle of proportionality of punishment, and the degree of fault of Wang in this fight is an important consideration" Therefore, it is not clear whether Wang was hit. If he smashes the car again later, it may not be fair to him. ”
Hu Lei believes that ** should further investigate the causes and consequences of the entire incident, and clarify the degree of Wang's fault in this matter, rather than rushing to punish in the face of ** pressure.
How is the loss of Chery vehicles determined? Lawyer: It should be confirmed through judicial appraisal.
Xu Wen**'s report describes the incident: "Wang got out of the car, walked up to a white sedan, stopped the car, insulted it, and slammed the hood of the white sedan with his fist, causing the hood to dent. Accordingly, Wang was administratively detained for 10 years in accordance with the law. and a fine of 500 yuan per day. As for the reason for the punishment, the local ** did not give a specific explanation.
Hu Lei believes that according to the relevant statutory facts, Wang's behavior may involve the acts of picking quarrels and provoking troubles and intentionally destroying property in the "Public Security Administration Punishment Law". The act of intentional destruction of property clarifies administrative liability. For both acts, the public security organs have the right to detain them for between 5 and 10 days, and may also impose a fine of up to 500 RMB; where a crime is constituted, criminal responsibility is pursued in accordance with law. where the circumstances of both acts are serious, a concurrent fine of between 10 and 10 days is to be given. may be detained for up to five days and fined up to 1,000 yuan. Hu Lei said that according to the first report and the results of the treatment, it is not clear whether it is a detention of 10 days and a fine of less than 1,000 yuan. The consequences of Wang's smashing of the car, or the consequences of intentionally damaging property, because the characterization of his behavior is not clear, it is impossible to judge the "severity" of the punishment. Gong [2016] No. 298, published on the official website of the Zhanjiang Municipal Public Security Bureau, clearly stipulates serious circumstances such as chasing and intercepting others, insulting language, provocative behavior, and threatening others, as well as intentional damage to property. Wang's conduct has already constituted aggravating circumstances on the surface. ”
According to the Economic Observer, "it is misleading to hear on the Internet that the dealer deliberately issued 5,200 yuan for maintenance." Chery spokesman Jin Yibo responded that Chery brand Haikou dealers provided two maintenance options. One is maintenance, **600 yuan; Secondly, the total cost of replacing the hood is 4,100 yuan (3,200 yuan for parts, 900 yuan for painting, installation and other labor costs). The user finally chose to pay 4,100 yuan to replace the shell.
Hu Lei said that according to the judicial interpretation on intentional destruction of property, if the amount of intentional destruction of public or private property exceeds 5,000 yuan, a case should be filed for prosecution. The bar will be raised accordingly. In this case, the automobile company's loss assessment was only 4,100 yuan, which did not meet the standard of criminal liability. Moreover, whether the final loss will be 600 or 4100 is debatable. The amount of damage cannot be determined by the repair point or the victim. If it is confirmed, it should be confirmed through legal and compliant judicial appraisal, and the manufacturer's loss assessment can only be used as a reference. ”
The lawyer suggests that the management department should improve the efficiency of road traffic and the level of order maintenance.
Guangdong Xuwengang WeChat *** released a message on February 4 that the tickets from Xuwen to Haikou before February 10 have been sold out, if you have not booked tickets in advance, please do not drive to Xuwengang rashly.
Hu Lei, a lawyer at Sichuan Dingchi Law Firm, believes that while discussing the incident itself, the chaotic situation of Xuwengang's traffic organization should also attract public attention. On the complex mixed lane of the port, the local traffic management department and the first to strengthen order maintenance and hardware facilities upgrade. Every year, the Spring Festival is the peak period for travel to and from Hainan. A large number of vehicles gather in the port, which is prone to conflicts, including large disputes caused by small frictions. Local authorities and authorities should find ways to improve road traffic efficiency and maintain order.
What do you think about this? Feel free to leave a comment**!
Xu Wengang Stopper Incident