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should be more than the power of private care.

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发表于 2015-6-13 11:17:19 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
Shaoshang the Transportation Management law enforcement team
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March 8 afternoon, the 32-year-old Yin Mo Weizhi three drove his car from Changsha Martyrs Park to the Xiangjiang Century City with friends. Then light rain, when the route Dongfeng Road Provincial Museum, he saw two men seemed to beckon to him, then pull over the car, the man asked to Qingzhuhu 20 dollars to go or not, Yin Mo Qingzhuhu three do not know where that bamboo Lake is very far right, then the other said 25 yuan, "I did not even wanted to collect their money, see raining outside, he said, faster Come on, I thought contained a ride does not matter, anyway, on the way."
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In the car, two passengers kept asking him how business-like and some other topics, he said, would starve to death if you run this, this trip is not enough money, a pack of cigarettes. "My idea was to learn from Lei Feng to be a good thing to let them off the side of Xiangjiang Century City, thought to be a real money."
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Changsha Qijubeizhan coming when he suddenly told the passengers that they are transportation management law enforcement officers, asking him to pull over his car was also shipped two law enforcement vehicles clamped around the tube. Transportation Management staff told him they photographed the entire process.
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Subsequently, the transport control officers opened the Hold Order, the vehicle seized.
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When taking note, Yin Mo three does not recognize the illegal operation, Changsha Transportation Management Transportation Management personnel at the Fifth Squadron says he does not seek truth from facts, refused to give him taking note, and ask him to find Qichedongzhan scratching his fourth squadron Staff are taking note.
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After that, he went to Changsha Yunguanchu reflect the situation. A responsible person, this is not a fishing law enforcement, but joint action Municipal Transportation Bureau, Public Security Bureau, Supervision Bureau.
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As a result, transportation management to open a ticket,hogan outlet milano, to a fine of 30,000 yuan Yin.
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Yin Mo three dissatisfied. March 12 he submitted to the Yuelu District People's Court administrative proceedings like requiring Yunguanchu return of the vehicle and on the behavior of law enforcement fishing apology, compensation for lost income, costs 315 yuan.
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It alleges that, "Measures Hunan standardize administrative discretion," the second paragraph of Article 30, non-executive take inducement, fraud, coercion, violence or other improper ways, causing citizens, legal persons or other organizations and their implementation of administrative violations punishment. Fishing law enforcement defendant's behavior this serious violation of the administrative law enforcement should comply with lawful and reasonable,http://www.zhubajie.in/forum.php?mod=viewthread&tid=501424, due process, the basic requirements of honesty and trustworthiness.
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According to Yin Mo three reports, before he was a newspaper reporter, and now also in the media, how can not be a black car drivers. He said that day to talk to friends, but the way people want to take a ride it. His friend Mr. Lee's argument has been confirmed.
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For Yin Mo allegations III, Deputy Director of Transport Management Office Changsha City Zhou Yunqiu think they are plainclothes evidence, bright permit enforcement, inspection activities are justified to combat illegal operations.
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said they plainclothes forensics and Shanghai, the biggest difference between "fishing law enforcement" is that they will not take the initiative to Blocking, and other black car initiative will greet the country now basically this casual evidence.
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According to him, the day Yin Mo three active stop, and asked whether the law enforcement team to the car, they only ask how much money to Qingzhuhu, began to say 20 yuan, Yin feel less, they are then added to 25 yuan. As he did not collect the money raised Yin,  said he checked the contract law, a verbal agreement is a contract.
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Plainclothes law enforcement controversy
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Yin Mo three agents, Beijing Durham (Changsha) - Liu law firm lawyers believe that Yin Mo three suspected illegal operation of a case, there are two key points are not clarified. First, if the two sides trading behavior, the driver did not answer directly enforcer (passenger) asking price, but the law enforcement themselves unauthorized increase to 25 million, by virtue of the existence of transactions identified far-fetched,http://bbs.momozhuan.com/forum.php?mod=viewthread&tid=571275&fromuid=104754,hogan interactive, consider the rainy weather conditions and learning from Lei Feng month cultural environment of these two factors; the second is the law enforcement officers posing as passengers, and take the initiative to 20 yuan, 25 yuan a price to lure the driver, law enforcement actions contradict faith, the basic requirements of due process, violation of the second paragraph of Article 30 "Measures Hunan standardize administrative discretion," constitute unfair enforcement of fishing.
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"State law in order to control, the fight against specific crimes, such evidence may be implemented the way, but there are strict procedures to control. Like law enforcement is aimed at the general public, and criminal investigation are two different categories." - Liu said.
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Yin Mo III experience is not unique.
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March 12, was a driver of a vehicle seized Changsha Yunguanchu Peng Dejun said February 17 in the afternoon, he drove a Geely car to send a friend to Changsha west of the bay. There were two people came and asked to Changsha Evening News 10 dollars to go or not,http://www.wxqc1318.com/news/html/?75127.html, because the hostel from the Changsha Evening News relatively close,louboutin milano, he wanted to go back and take along personal line,scarpe hogan 2015, then said good car. Liangmingshenfen results of the other law enforcement officials said that the transport pipe, immediately grab the keys, the two sides clashed, the last vehicle was seized.
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Later,nike air max 2012, he was told, to a fine of 10,000 yuan. Staff told him, if indeed difficult to prove a difficult fight to return home, may be exempt from some of the money. Peng Dejun not convinced that the matter has still not processed.
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Yin's "black" event on the Internet cause hot.
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Hunan Normal University Law School professor, Hunan Province Huang Jie, president of the Law Society program believes Yin is not the case in the illegal operation, depending on the specific situation, such as whether he Showmanship initiative, if the situation there before being caught, etc. . If the initiative Showmanship, and the default price, so he has suspected illegal operations. In this incident, if the transportation management staff in order to obtain evidence, the evidence taken as a passenger on the finish, and then as an ordinary witness reports, testimony, and not a blink of an eye it becomes law enforcers. Transportation authorities aim to combat the black car is to get a good order, but the operation should have legal concept, collect the evidence must have a legal basis, through legitimate ways. The modern concept of the rule of law, an individual can tolerate violations, but will not tolerate unlawful actions and omissions of public power. The public authority vigilance and care, should be more than the power of private care.
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Nanhua University Law School Luo Wen Wan believes that the operation must be civil relations constitute the driver and passengers,http://hz.ngvoc.com/forum.php?mod=viewthread&tid=830443&fromuid=152917, transportation management personnel, although in civilian clothes, but he is in the process of law enforcement, not the passengers in the true sense, the civil relations It is not true,http://moldpx.cn/news/html/?39247.html, therefore fishing law enforcement in the affirmative. Meanwhile, according to the law, when transportation management personnel of law enforcement, law enforcement must be separated from the main body and the transaction. Means and ends enforcement action must be proportionate, violations must be promptly stopped, not by tricking cause offense continued.
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March 27, reporters learned that three detained Yin silent car has been put back.
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But things did not end, lawyer Liu Zhijiang said they will ask Changsha City Office of Legislative Affairs to confirm this behavior, transportation management must be similar to the previous case law publicity.
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He said there has been some contact with their owners, proposed similar legal proceedings.
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March 28, the owner of Mr. Lin Changsha China Youth Daily (microblogging), told reporters that he and Yin Mo encounter three very similar. The difference is that he was "fishing" to Xiangtan.
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Lin said his understanding of the situation is that more than 20, and his driver in a similar experience, 80% in the March 6 that day, in Changsha,http://www.xinhelan.com/home.php?mod=spacecp&ac=blog&blogid=, the same place, was "fishing" to Xiangtan, law enforcement personnel Xiangtan City law enforcement supervision bureau. They These drivers are fined 28,000 yuan, a fine unit Xiangtan City Transportation Bureau.
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Government management policies in order to adjust the taxi industry to crack "black" flooding problem
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Lawsuit played in full swing, but the "black" and not on the Changsha urban roads affected.
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March 24 to 27, reporters in Changsha Wuyi Road Dacheng hotels, Yuhua District Environmental Institute and other places many times take the "black" to experience, found in the heart of the city and some of the main street outside the Second Ring mouth, engaged in the illegal operation of "black" very much, I did not see the whereabouts of law enforcement personnel.
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24, 21 am, reporters in front of the new century department Wuyi Road in front of the bus station to see, 3 cars parked on the road, "black", whenever it was waiting for the bus to come, namely the owners of loud yelling, Kan price. 25, 17 am, a reporter with Xinhua News Agency reporters aboard a Jetta's "black" go Xiangjiang Century City. The original way to talk about a good 20 yuan price rose to 25 yuan, to the destination, the owners took out two 100 yuan tolls documents purported ticket reimbursement.
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Hunan days Ge lawyers, said earlier this year he was riding high-speed rail to Changsha to visit friends, sitting in Yuhua District, a BYD car to Furong District government. On the train he found the owner of a legless people with disabilities, a car equipped with the operating system, so that the driver control the car by hand. "He told me quite confident will be safe, and no one checked, because they have a disability group."
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It was observed that the number of car owners to join the ranks of the upward trend.
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26 noon, on the way to send reporters from Dingwangtai attached to two hospitals, an open BYD's "black" the owner said he was last year, "to engage in the loud noise of the road," because when you hire to work in Changsha car is very difficult to play, in addition to the main roads and the subway station,http://59.78.96.61:8082/tst1/missing_arg_thread.html, blocking serious, people basically rely on luck to get a taxi; he was one year I feel pretty good.
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He said that currently Changsha "black" at least in the hundreds, it does not include some posing as taxi driving was eliminated taxi groups, the probability generally be shipped little control officers seized.
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How to solve the "black" taxi difficult to play havoc with the problem? Local media survey showed that 62.3% of people expressed the wish to increase the number of taxis. But informed sources said infeasible: Total Changsha current taxi after adjustment hearing last September, the total number of nearly 7000, should be in saturation, Changsha taxi drivers and owners of income in the capital city also is level and downwards . If we increase it will inevitably lead to dissatisfaction with the taxi industry. Really want to get rid of this problem, the key is that the rental industry in reducing operating costs, lower "elements of money" on the start.
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Nanhua University Law School Luo Wen Wan Li also held the same view. He said that currently the major cities are facing the same problem, the ideal solution would be to start from the government to adjust industry management policies to reduce rental industry's operating costs. Because the current management is the rental industry as a way to be a franchise, government by determining rental companies and vehicle license plate, the implementation of the utility control. But because of the taxi companies at this level, not only greatly raise the cost of vehicle owners and drivers, but also increase the possibility of seeking power departments. By improving the qualification, registration control, can achieve direct control by the competent authorities taxi owners. Thus, increasing the number of taxis conditions have been met, "black" flooding the market base will disappear; the same time, reduce taxi fees also can benefit the public, thereby affecting its consideration of travel modes, and promote to solve traffic congestion problems.
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March 28 newspaper Changsha Power
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More than 20 foreign owners in Xiangtan, Hunan, suspected to have been fishing law enforcement
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Henan three police officers suspected of fishing law enforcement is exempted from criminal punishment
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