Joke Collection Website - Blessing messages - This car was posted by the city management. What should I do?
This car was posted by the city management. What should I do?
At night, I went home to dig out the Traffic Road Safety Law (I studied law in college), read all the clauses inside, and found out all the loopholes in urban management law enforcement, and got the following points:
1. Law enforcement officers violated the first paragraph of the Provisions on Procedures for Handling Illegal Acts of Road Traffic Safety (hereinafter referred to as the Provisions): they did not verbally inform the applicant of the basic facts of illegal acts, the penalties to be imposed, the basis and the rights they enjoyed according to law on the spot. Please note that the "stipulation" of the "clear" notice must be "oral" and "on the spot";
2. Law enforcement officers violated the second paragraph of the regulations: they did not listen carefully to the statements and defenses of the applicant and did not respond to the questions of the client. The contents of the applicant's statement and defense are: "It has just stopped for a few minutes. Can you focus on education and withdraw the notice of handling?" The reply of law enforcement officers is: "I can't take back the list I opened! I'm online, but I didn't give the applicant a direct and clear answer about "stop for a few minutes, can we focus on education?" Two clear requirements, and the indirect answer is "the list will never be withdrawn", and the attitude is very arrogant.
3. Law enforcement officers violated the fifth paragraph of the regulations: they did not serve the notice of illegal parking to the parties on the spot. Law enforcement officers directly stick the notice of illegal parking on the vehicle, which can only be applied to the situation that the driver is not at the illegal scene during the whole law enforcement process, and is not applicable to the situation that the parties arrive in time before the law enforcement officers leave. Assuming that the notice of illegal parking is stripped by other people or the parties cannot receive the notice of illegal parking for other reasons, isn't it depriving the parties of the right to know in time and to defend themselves, apply for reconsideration and litigation within the statutory time limit? Therefore, the above-mentioned practices of law enforcement personnel are in violation of regulations.
4. The law enforcement basis of law enforcement personnel is also inconsistent with the second paragraph of Article 93 of the Road Traffic Safety Law of the People's Republic of China (hereinafter referred to as the Highway Law). "In violation of road traffic safety laws and regulations on motor vehicle parking and temporary parking, you can point out the illegal behavior, give a verbal warning and leave immediately. If the driver of a motor vehicle is not at the scene or refuses to leave immediately although he is at the scene, thus obstructing the passage of other vehicles and pedestrians, a fine of not less than 20 yuan but not more than 200 yuan may be imposed, and the motor vehicle may be towed to a place that does not obstruct the traffic or parked at a place designated by the traffic management department of the public security organ. The traffic administrative department of the public security organ shall not charge the trailer fee to the parties, and shall inform them of the parking place in time. " The provisions of the.
Law enforcement officers insisted on issuing a notice of illegal parking even when they were present, and offered to leave immediately, which was inconsistent with the second paragraph of Article 93 of the Taoist Law and violated the legislative intent.
Call their urban management bureau this morning (recording the whole process). First, their command center answered the phone. The command center said it was a legal issue and asked me to call their legal department. I called the legal department and took out all the laws and regulations, saying that the people in the legal department were stupid. He said he would report to the leader and gave me the phone number of the squadron under his specific jurisdiction, asking me to call the squadron. The answer given by the squadron staff is that they did not open this illegal parking notice. It may be the city management office. I called the city management office again. The city appearance management office explained that the personnel on duty had no right to erase the violation records at that time. Then I said, if the client is present, there is no way to erase it. He said that if the parties are present, law enforcement officers can take another photo and report it to the command center for exclusion. I told the City Appearance Management Office that the law enforcement officers did not inform me of these rights at that time, only that they would not be erased if uploaded to the Internet, and did not mention remedial measures. The city management department can't transfer me to the letters and visits department. The staff of the Letters and Calls Department said that my situation was indeed illegal, but it should belong to the category of humanized law enforcement (now the public security organs are implementing humanized law enforcement and reasoning law enforcement), and the fine can be solved through coordination, but he wanted to specifically ask whether the situation of law enforcement personnel at that time was true and let me wait for his call.
At two o'clock in the afternoon, the Letters and Calls Section called and said that my list had been cancelled.
Take 100 yuan to pay the phone bill at night. However, my heart is cold. I draw a conclusion from this incident that we must keep an eye on the police in the future, so as to standardize law enforcement and leave no handle. Hey hey.
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