In Chongqing Matjiang, the courier master Lao Cheng brought two guests from the town to the county seat, collected 10 yuan, was investigated and punished by the transportation management, fined 30,000 yuan, faced with the law enforcement brigade, Lao Cheng's lawsuit was fought

Chongqing Matjiang, the courier master Lao Cheng brought two guests from the town to the county seat, collected 10 yuan, was investigated and punished by the transportation management, fined 30,000 yuan, faced with the law enforcement brigade, Lao Cheng's lawsuit was fought for 683 days.

(Source: Chongqing Municipal High Court)

【@French Open Life】

Lao Cheng is a courier of a courier company in Matjiang County, the scope of work is about 20 kilometers away from the county town, the day is mainly to send and receive express delivery, at night to the express delivery point to sort out the day's documents, to complete the day's express packaging work.

Lao Cheng has a small van, on the morning of the crime, Lao Cheng drove to pick up his aunt and two friends, ready to go to the county seat, near the primary school, and two people who were ready to go to the county seat, collected 5 yuan per person for oil money, a total of 10 yuan.

Entering the county seat, Lao Cheng was seized by the county traffic law enforcement brigade, the law enforcement brigade believes that Lao Cheng does not have a road transport business license, unauthorized engaged in transport business, on the same day, the old Cheng's car was detained, after a series of procedures, the transportation management department decided to impose a fine of 30,000 yuan on Lao Cheng.

For the township courier Lao Cheng, 30,000 yuan is a huge amount of money, Lao Cheng can not accept it in any way, received 10 yuan from the guest, ran nearly 20 kilometers, even the oil money is not enough, the result was fined a van money, so Lao Cheng sued the court, asking for revocation of the punishment.

Lao Cheng said that he began at 8 o'clock in the morning, and had to be busy until 11 o'clock in the evening, sending and receiving couriers, packing and sorting, there was no extra time and energy to carry passengers to operate, and that day it was only because he sent his aunt to the county town that he took two guests along the way.

There are nearly 20 kilometers from the town to the county seat, the fuel consumption of his van 100 kilometers is about 6 to 9 liters, converted down, the oil money is about 10 yuan, he did not overcharge money, after deducting the normal fuel cost, he is not making money, can not be said to be operating.

The traffic from the town to the county town is not very convenient, and it is early in the morning, Master Cheng said that he is completely well-intentioned, and there are empty seats on the car, and two guests are carried by the way, which should not be regarded as business behavior, who would have thought at that time, these two guests became witnesses to the law enforcement team.

According to article 63 of the Road Transport Regulations, if he has illegal gains, he shall be confiscated and fined 2 times to 10 times the illegal gains, so he should only be fined 20 yuan to 100 yuan.

In addition, in the relevant provisions of the local road transport, there is no record of illegal operation before, and if two or less passengers are carried, the punishment can be mitigated or mitigated, and the situation of the old course is in line with this provision.

The purpose of management is education, and the penalty decision of 30,000 yuan, the amount of the fine is too high, stepping on an ant, the result is a fine of an elephant, contrary to the principle of proportionality, Lao Cheng believes that such a fine can not achieve the educational effect but is easy to intensify the contradiction.

From the standpoint of Lao Cheng, he said it is not unreasonable, but for the administrative law enforcement department of transportation management, their law enforcement principle is eight words: only ask the facts, regardless of the reason.

According to article 63 of the road transport regulations, the first half of the road transport regulations are indeed as Lao Cheng said, and a fine of less than 2 times and less than 10 times the illegal income can be imposed, but there are also provisions later: if there is no illegal income or the illegal income is less than 20,000 yuan, a fine of 30,000 yuan to 100,000 yuan is imposed.

That is to say, even if Lao Cheng is well-intentioned, the transportation management department does not care about the motive and reason, as long as there is the fact of illegal operation, and the 10 yuan received by Lao Cheng is in line with the provisions of the regulations on illegal income of less than 20,000 yuan, and should be fined 30,000 to 100,000 yuan.

Why for the "black car" operation to be so heavily punished, some people have analyzed the reasons, one is to evade taxes and fees, according to statistics, a black car to steal nearly 20,000 yuan of taxes and fees every year, the second is that most of the black cars are old cars or scrapped cars, affecting the image and development of the city.

In addition, black cars on the road, will cause unfair competition, infringe on the rights and interests of legitimate operators, for passengers, because the safety performance can not be guaranteed, black car practitioners are mixed, passenger rights and interests can not be protected.

Back to this case, the old journey to carry passengers, charged 10 yuan, because it does not have a road transport business license, carrying passengers and charging fees for profit, disrupting the order of the transport market, in line with the determination of unauthorized road transport business.

As for Lao Cheng's claim that he had not been engaged in illegal operations for a long time and had not made actual profits, the court held that these were not the criteria for determining illegal operations, and according to the regulations, even if there was no illegal income, it could be determined.

According to the court, the criteria for determining illegal operations are, in short, carrying strangers and negotiating the price, it can be determined that whether the money has arrived or not is lower than the cost, and it is not the identification standard for illegal operation.

In addition, the court pointed out that because the 10 yuan collected by Lao Cheng belonged to the situation that the illegal income was less than 20,000 yuan, the law enforcement brigade had fully considered the low amount of his income and was investigated and punished for the first time according to the provisions of the Road Transport Regulations, which "imposed a fine of 30,000 yuan to 100,000 yuan or less".

Lao Cheng lost the lawsuit in the first instance, lost the lawsuit in the second instance, and appealed to the High Court for retrial, but the court still held that Lao Cheng's behavior constituted illegal operation, and his punishment did not violate the principle of proportionality, and the issue of mitigating or mitigating punishment was not stipulated by the law, and his application was based on no legal basis.

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