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involving significant public interest. On the one hand

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发表于 2015-3-30 19:18:20 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
Justice Network Zhejiang, April 7 (Reporter correspondent Fan YH Yang Xiaowei) at traffic lights, the significance of the yellow light is a warning. Police department clearly defined,air max outlet italia, into yellow is illegal. However, since the end of last year, the yellow light in the end of the encounter should not break, but it became a public hot topic. The reason is that the judicial workers in Zhejiang Haiyan because Chuang Shu Jiangrong yellow fined, sued the police department, and a national "Chuang yellow light" administrative litigation first. Yesterday afternoon,hogan outlet, Jiaxing City Intermediate People's Court made a final decision, upheld the conviction, Shu Jiangrong lost.
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The yellow light should "break" caused controversy
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July 20, 2010 morning,  Haiyan judicial work driving a small car, the original street in Haiyan Wu Qin Shan Road and the intersection of thrift, is traffic monitoring records, the vehicle did not cross the stop line when the yellow light, crossed the line continue driving. The next day,Saul  aircraft lifted off again., Haiyan County Public Security Bureau Traffic Police Brigade Chuang yellow because its made the decision a fine of $ 150.
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July 11, 2011, Shu Jiangrong traffic police brigade to accept the punishment, signed and pay a fine. But  that the law does not expressly provides that "when the yellow light, not a vehicle crossed the stop line ban remain in use" and therefore decided to punish police department has no legal basis.
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Shu Jiangrong therefore refused to accept the punishment, since embarked on a long road rights. First, on July 14,scarpe gucci, 2011 to apply for administrative reconsideration to Haiyan County Public Security Bureau, after being dismissed, on September 26 the same year, the administrative proceedings to the court Haiyan, after losing, but also appeal to the Jiaxing Intermediate People's Court on January 19, 2012. February 29,induction shooting area and found a sense "gun" was gone., the two sides fierce debate in the second instance court, causing public attention.
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Final judgment Chuang yellow line illegal
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Second instance court held that, in this case whether the conduct of the appellant break the yellow legal, involving significant public interest. On the one hand, as an individual driver, what kind of right of passage when the yellow light is related to each driver's traffic efficiency and interests. On the other hand, as a public road traffic safety system, accept what the yellow passage way to ensure security priorities, the problem must be faced.
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Chuang yellow behavior is illegal,hogan outlet, involves the "Road to pay Law" provisions "when the yellow light, the vehicle has crossed the stop line can continue to pass," the understanding, is a question of legal interpretation. Interpretation of the law should be consistent with the object and purpose of the legislation, while in the internal logic of the legal system and the semantic basis.
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As a full release after the green light yellow to red transition,basket tn requin, its aim should be to set up a buffer for the red light green light conversion time, so that the green light during normal vehicle entering the intersection, but not yet safe passage through the rapid, clear cross mouth stranded vehicles for the green light to prepare the release of conflict direction. At this point the prevailing focus has shifted to the direction of the conflict.
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For safe driving purpose, the interpretation of the clause should be based on the "prudent norms" concept. That is when the yellow light, and only has crossed the stop line of vehicles that can remain in use, in addition,The truth, the vehicle shall remain in use. The provision actually means, when the yellow light easement driver's restricted limits are designed to safeguard the security of road traffic. Values in this legislation is very clear that in order to protect public safety,gucci borse outlet, must be limited to the individual's access rights within a reasonable range. Therefore, under the existing system of road traffic safety law,hogan outlet, into the yellow line violations.
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Appellant insisted was already losing
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Yesterday afternoon, Jiaxing City Intermediate People's Court made a final administrative decision,hogan uomo, recognized that the appellant break the yellow light is an offense which shall be subject to administrative penalties. Administrative punishment procedures appellant appellee legitimate law was correctly applied,down from the car. Chen drove quickly left the scene.,air max pas cher homme, the results of appropriate punishment. The original verdict of the facts are clear, applicable laws, regulations correctly, the specific administrative act to maintain proper judgment appellee. Penalty decision finds that the appellant is illegal and punished in accordance with the facts mentioned objection can not be established. Accordingly, the court dismissed the appeal and upheld the original verdict, appellant Shu Jiangrong lost.
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After several rounds of intense debate and trial court explained,more and more low-rent,  after the court verdict said that respect for the Court of Final Appeal, but the yellow light in the end that should not "break" issue,passing away in 2002 at the age of 88.,scarpe hogan outlet, but still insist on their own ideas. "After the yellow no-go, is not exactly the same with the red light? That it's buffering how to play. When the vehicle is very close to the stop line when the yellow light suddenly lit,Police said more than the day before yesterday 20, how to stop, the movement of objects is inertia . "
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Because Shu Jiangrong itself is justice workers, he said on this issue,hogan, in the form of research reports will reflect to the authorities. "First, the prohibition of yellow traffic, bring in the end it is safe or dangerous. Second, the administrative penalty is not to be punished with reasoning and understanding, which involves the principle of the rule of law,hogan outlet,after receiving a distress signal, is a big problem."
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