Shantou's family members of the injured who threw their bikes and motorcycles: my sister is still unconscious, and the traffic police representative came to visit (source: original)
In the past two days, the incident of traffic police investigating drunk driving and auxiliary police pushing bicycles to block escape motorcycles in Shantou City, Guangdong Province caused widespread concern and controversy. In particular, the "police information notification with different contents" issued by the police twice pushed Shantou traffic police detachment to the cusp of the storm.
Case: the auxiliary police pushed a bicycle to prevent the motorcycle from escaping, resulting in injuries to the driver and passengers
At 0:35 a.m. on September 16, the official microblog of the traffic police detachment of Shantou Public Security Bureau released a police report, saying that at about 9:20 p.m. on September 15, the second squadron of Jinping brigade of the traffic police detachment carried out the operation of investigating drunk driving and drunk driving at the Dongxia intersection of Jinyuan, and one of them hung Guangdong D & times& times; When the two wheeled motorcycle with license plate 992 (the driver and passengers did not wear helmets as required) drove from north to south to the inspection point, the police indicated that it stopped for inspection. In order to avoid inspection, the driver quickly turned around and accelerated retrogradely, hit the green belt between the motorcycle lane and the car lane, and both the driver and passengers fell to the ground and were injured. The police immediately sent it to hospital for treatment. At present, the incident is under further investigation.
After the release of the police report, some witnesses questioned the content of the police report. Some witnesses said that the escape motorcycle did not hit the green belt, but hit the shared bicycle used by the traffic police to prevent the motorcycle from escaping.
At 10:18 on September 16, the official microblog of Shantou traffic police detachment released the "police situation continuation report" again. It said that after the motorcycle drivers and passengers escaped inspection and fell and were injured at the Dongxia intersection of Jinyuan on the evening of September 15, the Municipal Public Security Bureau attached great importance to it, quickly organized the rescue of the wounded, established a special working group, and carried out a comprehensive and in-depth investigation on the law enforcement situation and incident of the police. After investigation, the motorcycle driver she Moumou (male, 19 years old, from Longhu District, Shantou) did not obtain the motorcycle driving qualification, and his driving was suspended from Guangdong D & times& times; 992 two wheeled motorcycle has no vehicle registration record. The passenger Li Moumou (female, 20 years old, from Jieyang City, Guangdong Province) is currently receiving treatment in the hospital. In order to truly, objectively and fairly reflect the incident and ensure that the public security organ handles it fairly according to law, it is hoped that on-site witnesses or insiders will actively provide video materials or other effective clues to the public security organ.
On September 16th, 16 hours and 08 minutes, the official account of the Shantou Public Security Bureau, the Shantou public security, issued the "Police Information Bulletin" on the matter. It was said that at 9:20 pm on September 15th, motorcycle drivers and passengers in Shantou Jinyuan East ha intersection fled to inspect and fall to the hospital for rescue. After that, the Municipal Public Security Bureau immediately organized the rescue to the injured, and the Municipal Public Security Bureau inspectors, the Interpol, and the police, and so on, were immediately organized by the City Public Security Bureau in Shantou. The legal detachment and other departments formed a special working group to carry out investigation. Through on-site technical investigation and on-site visit and investigation, it is determined that Chen (traffic assistant police of Jinping brigade of traffic police) found that in the process of assisting the traffic police in checking drunk driving, she, the motorcycle driver, in order to avoid inspection, turned around and ran away, so he pushed out the shared bicycle parked on the roadside to prevent the motorcycle from escaping, resulting in the motorcycle crashing into the bicycle and falling to the ground, resulting in the injury of she and Li. At present, Chen has admitted the above acts, and the Municipal Public Security Bureau will seriously investigate the responsibilities of relevant personnel. She and Li are being treated in the hospital.
10 minutes later, that is, at 16:18 on September 16, the official microblog of Shantou traffic police detachment released the "police situation continuation report" with the same content.
The reporter of China business daily saw from the video on the Internet that after the accident, the motorcycle driver and female passengers fell to the ground. The driver's injury was relatively light and can stand up by himself. The female passenger was seriously injured and blood flowed out of her head.
On the afternoon of September 17, when Shantou Public Security Bureau was interviewed by the reporter of China business daily, in response to the problem of "different contents of police information notification" put forward by readers, a policeman of its publicity section said that the changes in the contents of police notification were made step by step according to the steps and results of the investigation, not the results of the incident. As for the latest progress of the incident and the rescue of drivers and passengers, there is no latest news at present, and the police report issued by Shantou Public Security Bureau on the afternoon of September 16 shall prevail. The police firmly denied the news of the "unfortunate death of female passengers" on the Internet, saying that the two injured were still under treatment and no one died.
Netizen: it's wrong to evade inspection. Law enforcers should also standardize law enforcement according to law
As the case is typical, netizens have expressed their views while paying extensive attention to it.
Netizen 'XJS': do you have to be injured after the police uncle intercepts with flesh and blood& hellip;& hellip; Support the police uncle! Such people who do not abide by laws and regulations should be dealt with in this way. First, we should ensure the personal safety of law enforcement personnel.
Netizen 'YH': no matter whether the violation and law enforcement are right or wrong, it is understandable for the police to catch the violation. There is also a certain probability of an accident. It is fair to say what should be punished and what should be compensated.
The focus of the matter should be the inconsistent police notification, which forced the sharing of bicycles as a green belt, causing an uproar. This practice is the most harmful to the credibility of the government and the content that relevant departments need to reflect on most.
Netizen 'fate': as a law enforcement officer, did you not consider the consequences of doing so? It's wrong to evade inspection, but you won't do anything to endanger people's lives.
Netizen 'Qiu Yan': in the future, it is very important to strengthen training, improve law enforcement methods and ensure the safety of people's lives and property, but we should also pay attention to the disposal of offenders.
Netizen 'the sword is not old': a society ruled by law requires not only people to abide by the law, but also law enforcement departments to standardize law enforcement in accordance with the law.
Lawyers and experts: be responsible for casualties caused by improper law enforcement
On the relevant legal issues involved in this case, the reporter of China business daily interviewed relevant lawyers and experts.
1. What is the nature and responsibility of the driver's refusal to cooperate, collision and escape when the traffic police check drunk driving or routine inspection?
Lawyer Chen Jiangtao, partner of Beijing Jingshi law firm: when the police perform their official duties, the driver increases the accelerator to collide with the traffic police. He is suspected of constituting the crime of obstructing official duties and may be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or fine. Even if the driver does not collide with the traffic police, but escapes in other directions, he may be suspected of dangerous driving, traffic accident or other illegal acts, which not only endangers the personal safety of others, but also is irresponsible for his own personal safety.
Cheng Xue, a lawyer of Beijing Zhongwen law firm: according to the criminal law and relevant judicial interpretations, if a driver drives a motor vehicle while drunk and evades the inspection of the public security organ, or refuses or obstructs the inspection of the public security organ, which has not constituted other crimes, he shall be sentenced to criminal detention, fined and severely punished; If a person obstructs the inspection of the public security organ by means of violence or threat, and constitutes other crimes such as the crime of obstructing public service, such as the crime of dangerous driving, the crime of obstructing public service, the crime of endangering public security by dangerous means, he shall be punished in accordance with the Provisions on combined punishment for several crimes.
2. In this case, is it appropriate for the auxiliary police to use shared bicycles as roadblocks to prevent motorcycles from escaping (Law) and what responsibility should they bear?
Cheng Xue: in the case, the auxiliary police used shared bicycles as roadblocks to prevent motorcycles from escaping. It is obviously an illegal act. Therefore, they will bear civil compensation, administrative punishment and even criminal responsibility. If only the auxiliary police conduct the inspection in this case, because the auxiliary police can not participate in law enforcement activities alone, they can only cooperate with the police with law enforcement power to enforce the law, and the driver has the right to refuse the inspection. The case is likely to be identified as an intentional injury case.
Chen Jiangtao: in the process of investigating drunk driving, if the driver turns around and escapes, he can be stopped by notifying the traffic police on duty ahead, or recording the vehicle number, and then investigating his legal responsibility. Under the principle of ensuring safety, corresponding coercive measures and coercive measures can be taken. If the auxiliary police take inappropriate measures in the course of performing their duties, resulting in casualties of others, the public security organ shall make compensation in accordance with the relevant provisions of the state on compensation, and the public security organ may pursue responsibility from the auxiliary police after compensation.
Qian Qing, associate professor of Northwest University of political science and Law: according to the information obtained at present, using shared bicycles as roadblocks to prevent motorcycles from escaping, because this behavior will cause great threat and damage to the personal safety of motorcyclists and passengers, it is not a means to minimize the damage to the parties, but also inappropriate to prevent the parties from evading inspection. Therefore, the legitimacy and rationality of traffic police law enforcement in this case are questionable, which is also an important reason for public opinion to question.
3. In this case, the driver and passengers fell to the ground and were injured. Should the treatment fee be borne by themselves or by the auxiliary police?
Cheng Xue: in this case, the behavior of the auxiliary police pushing a bicycle to prevent the driver from escaping itself is law enforcement. Because the auxiliary police have no law enforcement power, their behavior is at fault for the result of the driver and passengers falling to the ground, and the cost of treatment will be borne in proportion according to their degree of fault.
4. Will the driver's responsibility for escaping be offset or mitigated because of problems in law enforcement by the auxiliary police?
Chen Jiangtao: the legal liability that drivers should bear when they escape will not be offset or mitigated because there are problems in law enforcement by the auxiliary police.
Cheng Xue: the auxiliary police's act of pushing and blocking bicycles is intended to prevent the driver's escape behavior, that is, the driver's U-turn behavior is made before the auxiliary police's behavior in order to avoid legal investigation. This behavior is different from the legal interests infringed by the auxiliary police's law enforcement behavior, so it will not be mitigated or offset by the auxiliary police's behavior.
5. The case has aroused widespread concern in the society. What does it show? What lessons should all parties learn from this incident?
Cheng Xue: all drivers should abide by the law, and the behavior of evading the inspection of the public security organ should not happen; The impulsive behavior of the auxiliary police should also alert the staff of other similar posts, prevent similar events in the process of performing their duties, and avoid causing huge losses to themselves and their families.
Chen Jiangtao: on the one hand, we should strengthen the training of law enforcement personnel to ensure the personal safety of law enforcement personnel and the personal safety of law enforcement objects; On the other hand, the public should actively cooperate with the law enforcement inspection of the public security organs, and must not take chances and ignore the safety of others and their own lives and property.