Traffic administrative reconsideration application

Applicant: I

Respondent: Zhang Jinwei

Request for Administrative Reconsideration:

Request cancellation number no:119040531gano: 152103351 "Shandong Province Public Security Traffic Management Suggestion Program Punishment Decision"

Facts and reasons:

At 12:08 on January 30, 2019, I will park the license plate for the Luxx car at the east side of the intersection of Dasi Street and Yucai Street. It will be temporarily picked up and will be trafficked when I am leaving. The police car stopped. At that time, a policeman did not indicate his identity. He directly said: "A driver's license, a driving license, is there insurance?" I handed over the documents. The two policemen who came out did not say that they took the documents and turned around. I hurried forward to ask the reasons and said that I need to drive back to my hometown for lunch, hoping to get back the documents. The police said that I had to pay a fine for illegal parking. I strongly expressed my willingness to leave immediately during the dispute and suggested that the situation should be warned first. The police said: The warning is not over. When I pointed out that there was no police management at the corner of the intersection near another illegal parking lot, the policeman replied: If you are busy, you can’t control it. I can only get a fine if I am dismissed after I have been dismissed. At the same time that the police did not object to the illegal car that I referred to, in addition to being too busy, I did not manage the illegal car that I had referred to, and then drove to the east of Gushan Road.

. The police did not consider the road safety and smooth roads of himself and other vehicles. This kind of behavior seriously violated his duties as a traffic policeman. )

The applicant believes that:

1. The law enforcement procedure of the police violated the third paragraph of the “Regulations on the Handling Procedures for Road Traffic Safety Violations”, which was passed by the Ministry of Public Security on November 17, 2019 and is hereby promulgated. Provisions, Article 7, paragraph 1, provisions, Article 10, and Article 42 provisions.

2. The code of violations in the “Shandong Provincial Public Security Traffic Management Suggestion Program Punishment Decision” issued by the police is 10390, and the penalty basis shall be Article 23, paragraph 2 of the “People's Republic of China Road Traffic Safety Law”. Those who violate the road traffic safety laws and regulations regarding motor vehicle parking and temporary parking regulations may indicate illegal activities and give verbal warnings to promptly leave. Motor vehicle drivers are not present at the scene or refuse to leave immediately. Anyone who interferes with the passage of other vehicles or pedestrians shall be fined not less than 20 yuan but not more than 200 yuan, and may be towed to a place that does not obstruct traffic or parked at a place designated by the traffic control department of the public security organ. The party shall not be charged the fee, and the party concerned shall be informed of the place of parking in a timely manner." And regardless of the penalty decision issued by the police comrades, the penalty is based on Article 90 of the Road Law. The police comrades did not warn me to leave, but also I The relevant documents must be paid by the person.

Third, the specific comparison:

1. The police violated Article 3, paragraph 3 of the Regulations: The handling of illegal acts shall be based on facts and shall be equivalent to the facts, nature, circumstances and social harm of the illegal acts.

According to the illegal behavior code 10390 of the "Shandong Provincial Public Security Traffic Management Suggestion Program Punishment Decision" issued by the police, in the presence of the driver and the willingness to leave, I was stopped and fined, and the police violated the law. The handling of conduct is not based on facts;

2. The police violated the first paragraph of Article 7 of the Regulations: When the traffic police investigates illegal acts, it shall indicate the law enforcement identity.

The two police officers not only did not show their identity, but also were extremely arrogant when asked to issue their documents;

3. The police violates Article 10 of the Regulations: When the traffic police inspects the motor vehicle driver's license, the driver's name, address, date of birth and the contents recorded on the driver's license should be inquired; the appearance of the licensee and Check the photos on the driver's license. If necessary, the driver may be required to present a resident identity card for verification.

After the police obtained the documents issued by me, the police turned around and did not check;

4. The police violated Article 42 of the Regulations: verbally inform the offender of the basic facts of the illegal act, the administrative penalties to be made, the rights that are extremely enjoyed according to law; listen to the lawsuits and defenses of the offenders, and the offenders If the facts, reasons or evidence presented are established, they shall be adopted.

The police officer does not indicate his identity. He does not explain his or her illegal situation. He asks for the certificate on the grounds of “Is there insurance?” and gets the documents and turns away. At the same time, I disregarded my own defense. In the case of my strong expression of the desire to leave, I still issued the "Shandong Provincial Public Security Traffic Management Suggestion Program Punishment Decision" with the code of 10390, which seriously violated the simple procedure punishment in the Regulations. Implementation program

5. Re-emphasizing that the police, in the presence of the police and volunteering to leave immediately, still insisted on issuing the "Shandong Provincial Public Security Traffic Management Suggestion Program Punishment Decision" and the 93rd paragraph of the Road Law. The provisions do not match, contrary to the legislative intent.

In summary, the applicant believes that the police with the police number of 0866663 and the name of Zhang Jinwei will be parked at the east of the intersection of Dasi Street and Yucai Street at 12:08 on January 30, 2019. The handling of illegal parking is in violation of the provisions of Article 3, paragraph 3, Article 7, paragraph 1, Article 10, and Article 42 of the Regulations on Road Traffic Safety Violations. The law enforcement basis does not comply with the People's Republic of China. The second paragraph of Article 93 of the Road Traffic Safety Law stipulates that the law enforcement procedure is seriously flawed and the law enforcement basis is improperly applied.

According to the facts and reasons, the applicant hopes that the reconsideration agency can find out the facts and support the applicant's application for reconsideration in accordance with the relevant laws and regulations, in order to protect the legitimate rights and interests of the applicants, and at the same time urge the law enforcement personnel to improve the law enforcement level.

Reconsideration applicant: