#首发激励计划
I have seen a lot of porcelain, and it is the first time that I have touched porcelain in uniform.
This "touch" of this road administration worker in an old city in Yunnan not only touched his own dignity, but also smeared the organization.
As the incident report came out, netizens shouted: The most feared thing has happened! The couple who were touched may face a fine of 100,000 yuan and a 10-day detention.
The road administration personnel who touched the porcelain were suspended. This can't help but make netizens question: It's illegal to drive a black car, isn't it illegal to touch porcelain?
With the voice of lawyers and the media, if the behavior of this road official is confirmed to be "deliberately touching porcelain", then he may be suspected of false accusation and framing, then his fate may be even more serious than that of the couple.
According to a report on May 10 by the people's concerns, a transport administration officer in Yunnan actually staged a porcelain law enforcement when enforcing the law, only to see four or five of them chasing and intercepting a car, and the last law enforcement officer took two steps forward and threw himself on the hood and rolled and shouted when the vehicle had stopped.
At that time, another law enforcement officer had skillfully taken out his mobile phone and recorded this scene, if it wasn't for the dashcam in the owner's car, then it was very likely that he really became the "perpetrator".
So after the incident fermented, the comments of netizens were also one-sided, and they all felt that this law enforcement method was very outrageous and ridiculous, even if the vehicle really violated the law, then it should be done in accordance with the process, if it is enforced like this in the future, then wouldn't it be a mess? And in this way, who can tell who is the offender?
With the intensification of online public opinion, the relevant local departments have also made a notification, according to the content of the notification, the specific points are as follows:
1. The law enforcement officers involved in the incident were the local comprehensive administrative law enforcement detachment, not the traffic police;
2. During law enforcement, it was found that the passenger car driven by Zhang did not obtain relevant documents, which was an unauthorized act of engaging in road passenger transport operations, so his car should be impounded;
3. Zhang refused to sign and continued to insult law enforcement officers;
4. At this moment, Zhang's husband Li drove a vehicle to the scene, but he also did not accept the punishment, not only repeatedly verbally threatened and intimidated law enforcement officers, but also wanted to cover his wife to forcibly leave;
5. In order to prevent the couple from driving away, the law enforcement officers took improper law enforcement methods;
6. This is not the first time that this car has been illegally operated, and now a joint investigation team has been set up to investigate the matter;
7. Law enforcement officers who have improperly enforced the law have been suspended.
Through this report, we can learn that one of the vehicles driven by the husband and wife in the incident is suspected of operating without a license, and it is not the first time, and they also abuse, threaten and intimidate law enforcement officers when they know that they have violated the law.
As a result, they may face three penalties:
The first is illegal operation, according to Article 93 of the "Regulations on the Administration of Road Passenger Transport and Passenger Stations", if the road passenger transport business license is not obtained, the competent department of transportation shall order it to stop operating, confiscate the illegal income, and impose a fine of more than 2 times and 10 times the illegal income.
Therefore, in the end, how much they will be fined depends on how long they have been engaged in illegal operations and how much they have profited, and if the illegal income is less than 20,000, they will be fined between 30,000 and 100,000 yuan.
Therefore, the couple will be fined up to 100,000 yuan.
However, if according to the report, it is not the first time that they have operated illegally, then why was there no punishment before? Or is it still dead and still not changing after being punished? This will also require further information to be known.
The second is the abusive and intimidating threats against law enforcement officers:
If it is a very serious insult, then it is suspected of insult and defamation, and if the circumstances are serious, it can be sentenced to fixed-term imprisonment of not more than three years, if the circumstances are minor, then according to the "Public Security Administration Punishment", the person shall be detained for not more than 5 days or a fine of 500 yuan, and if the circumstances are more serious, he shall be detained for not less than 5 days but not more than 10 days, and shall be fined not more than 500 yuan.
However, if it is to intimidate a law enforcement officer, then it may constitute the crime of obstructing official business, which is punishable by up to three years in prison, and verbal intimidation constitutes the crime of picking quarrels and provoking trouble, then it may be punished by up to five years in prison.
Therefore, if the law enforcement officers pursue it, then the couple will really not be able to eat and walk around, not only will there be administrative punishment, but also may be suspected of other illegal acts.
So is it enough for the other party to the incident to be suspended from his job?
According to lawyer Shen Weijun, as a law enforcement officer, if someone drives a motor vehicle towards him when performing official duties, then the driver is violently resisting law enforcement, which will constitute the crime of obstructing official duties.
And he clearly knew this law, but when the other party's vehicle had stopped, he took the initiative to "touch porcelain" to create a false impression that he had been hit and the other party was obstructing law enforcement, so in Lawyer Shen's view, this is very consistent with the crime of false accusation and framing.
According to article 243 of the Criminal Law, the crime of false accusation and framing refers to the act of fabricating facts, making false accusations, and intending to frame others, so that others will be subject to criminal prosecution.
The key to the establishment of such a crime is that "it must be for the purpose of criminalizing others", so in this case, if the law enforcement officer has this purpose, then he is suspected of the crime, and will be sentenced to fixed-term imprisonment of not more than three years, and if serious consequences are caused, he will be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.
Therefore, whether the law enforcement officer will be suspected of this crime still depends on whether the owner of the car will be investigated and what his purpose is, so what is the outcome of this matter, or have to follow up.
Although the final result of the incident has not yet come out, netizens have always been indignant:
"I really want to ask the local area, law enforcement officers do not have to bear criminal responsibilities for breaking the law? Is it okay to just suspend your job? "Does the black car not want to apply for a license, or does it have nothing to do with it? Even if you don't have a certificate, you can earn money by paying for your own labor, which is much better than trying to blackmail people."
"Everyone is concerned about how to count the porcelain, not how the black car will be investigated, and the result is that the black car will be investigated, and the porcelain will be touched in a word, so whether the illegal operation is harmful or the porcelain is harmful"
"Such a bad behavior, just a suspension? How can this be explained to the public? Isn't this challenging the bottom line of the law? ”
"It's not killing people and setting fires, it's 100,000 when you open your mouth", "Transportation and administrative personnel can't check the car alone without the cooperation of the traffic police, this practice has violated the law"
"It's really outrageous, a black car is a black car, and touching porcelain is touching porcelain, do you have to use this way to check black cars in the future?"
At the same time, the accounts of the Yunnan Traffic Police and Yunnan Cultural Tourism have also been occupied by this incident, and it seems that everyone's anger is still very great.
In fact, not only netizens, but even the media do not understand this, and the cover news commented on this: Yunnan Road Administration's "porcelain-touching" law enforcement is too absurd, and it should be investigated to the end to set an example.
So how did this end? Let's squat for a follow-up!
Information source: People's attention to "Yunnan No. 1 Transport Administration Personnel Accused of Touching Porcelain Law Enforcement: Rolling on the Hood of a Vehicle and Shouting Pain"
Kaiping News "Online Traffic Law Enforcement Officers "Touch Porcelain" Law Enforcement? Official response: The vehicle involved is an illegal "black car"
Cover news "Yunnan Road Administration's "porcelain-style" law enforcement is too absurd, it should be investigated to the end to set an example丨There is a saying"