Abuse of power?The driver of the online car ride refused to smoke and was enforced by the "bulletin private revenge"!

New Yellow River Reporter: Mei Han

"If you don't let me smoke, then I will pack up and he is over ... I just want to smoke the root cigarette, you won't let me smoke, do you, and let you know me for a while. I will finish this car tonight. I think Can you do it ... "

On the evening of June 11, a video of a online transmission showed that a driver of a online car ride -hailing driver in Harbin, Heilongjiang was reported by the male passenger to smoke in the car. Subsequently, the online car driver uploaded the video on the Internet and questioned that he was caught in fishing law enforcement law enforcement law enforcement law enforcement law enforcement law enforcement law enforcement. , By the "bulletin private hatred".

On the afternoon of June 13, Harbin Songbei District issued a notice saying that the male passenger was borrowed by the district traffic bureau and had been cleared. Nine people including relevant law enforcement officers were dealt with.

The incident did not come to an end with the notice. Soon some netizens picked it out. The three law enforcement officers who were dealt with in this incident had been investigated and punished as early as 2019 due to failure to infringe on the interests of the masses as typical cases as typical cases. Notified. Regarding this incident, some lawyers believe that passengers are suspected of malicious reports, law enforcement officers are suspected of abusing their powers and violating law enforcement personnel management systems.

Passenger smoking was rejected, and said "Don't let you do you"

On June 11, a video video showed that at 10:34 pm, a male passenger was blocked by the driver when he tried to lift cigarettes in the car. There is no online qualification certificate, a small black car, I want to go home and not let me smoke, then I will pack him up and finish it. "

"I just want to smoke and you won't let me smoke, do you, and let you know me after a while." The passenger said to the driver. Immediately, the passenger called again, "I will do this car tonight, and I think I can do it. I will call ** again for the legal system." Immediately afterwards, the passenger called "Buddy, how do you punish that black car? I go home from get off work, I will smoke and he will not let him give up. I asked him if he had a testimony. He said no, I now go back to the station." The other party answered "5,000 to 20,000 yuan, and a fine of 20,000."

After hanging up the phone, the passenger once again said, "Nothing can be allowed." The driver explained: "You get out of the car and have a smoke. Other people come up to sit up? I belong to public transportation. Can the smell of smoke go? "The passenger called" Where are you? The law enforcement certificate should be brought, and people want to see your certificate and bring it. The penalty is 5,000 to 20,000. In the past, he couldn't do it alone, two law enforcement officers. "

After hanging up the phone, the passenger told the driver, "The legal system will be approved tomorrow, and it is late tonight, but the punishment is reviewed in me. It is okay, not big, there is no power, I just want to go home and want to go home. "Later, the passenger called the fifth time to ask," Who is on duty today? Who is your squadron on duty? I will ask him to go to the station, an online car, and to do him. Who will you take you tonight? Give me a call on duty. " When the driver asked which unit the passenger was, the passenger claimed that he was an enthusiastic citizen.

The call came to enforce the law on the spot, and finally found that the report was invalid

After that, the driver of the online car ride -hailing continued to release the incident on the social platform and questioned that the public officials were suspected of fishing law enforcement. "But he did not succeed in fishing."

According to the driver, the male passenger repeatedly called and modified the location of the off -car. After arriving at the designated place, the male passenger stated that the driver was waiting for the law enforcement officer. The driver said that after waiting for nearly 20 minutes, one who did not wear a work out of the job claims to be the arrival of the law enforcement officer. Take a certificate. "Ten minutes later, another law enforcement officer wearing a worker arrived at the scene. "After checking my documents, the three people looked at each other and looked very disappointed."

The online car driver said that in order to retain the evidence, he recorded the video during the live enforcement.

The video showed that there were two law enforcement officers at the scene. One was dressed in uniforms. One of the work documents with the words "Housing and Urban -Rural Development Bureau of Songbei District, Harbin City" was wearing a uniform. Another law enforcement officer in uniform and chest number "23013936" said: "I receive a report, please show your business certificate and qualification certificate." After checking All the certificates are effective. "I received a report in the middle of the night. Here, all the documents I checked now are effective, and passenger reports are invalid." On the 14th, Xinhuang River reporters have called the Songbei District Traffic Bureau and the Housing Construction Bureau. Answer. Earlier, the staff of the Housing and Construction Bureau of Songbei District replied to the media that the Songbei District Transportation Bureau was set up under the Housing and Urban Construction Bureau.

A staff member of the Transportation Management Station in Songbei District said in an interview with the media that in the video shot by the online car driver, the personnel wearing the "Songbei District Housing and Urban Construction Bureau" work certificate and another uniform law enforcement personnel did indeed indeed be indeed indeed. For the staff of the station, but the online taxi passengers are not staff on the station, they do not know the relationship between these people. The specific situation is investigating, and the leaders will reply.

The passengers involved were cleared, and 8 others were dealt with

On the evening of June 13th, according to the Harbin News Network, the Songbei District of Songbei District conducted serious investigations and punishments on the irregular law enforcement of the traffic management station of the District Transportation Bureau. , Zhou Xingwang, a law enforcement officer of the Transportation Management Station of the District Transportation Bureau, and a serious warning of Zhong Chen's party in the party, transferred away from law enforcement positions; The person in charge Ding Zhichao's commandment was dealt with; Tang Hongbin, the director of the district traffic bureau's superior department, ordered Tang Hongbin to order inspection and handling; the director of the director of the District Judiciary Bureau's office, Xie Weiqiao, handling; Tang Yaoyi, director of the judicial bureau, criticized and educated.

Before the report was issued, the online car driver said that he received a call from a male passenger on June 12, "I want to meet me, but I did not agree." When asked why the passenger called the private telephone instead of the official report when the report was reported, not official reports, not official reports. When the phone was called, the other party said "meeting." "He said because the driver said that he did not prove that he was worried about his safety before reporting. He did not take other measures after he found that the documents were complete."

It is worth mentioning that according to Heilongjiang Daily, as early as 2019, Harbin City had notified two typical cases of typical cases that did not act as a typical case of the interests of the masses. Party member), the government affairs removal; the staff of the transportation management station Zhou Xingwang's warning to the party;

Lawyer interpretation: passengers or suspected malicious reports

Is the passenger report reasonable? Are there any violations of law enforcement officers when law enforcement? Is this behavior "fishing law enforcement"? In response, lawyer Fu Jian, Henan Yulong Law Firm, made an interpretation. Fu Jian told Xinhuanghe reporter that in this incident, passengers were suspected of malicious reports, law enforcement officers were suspected of abuse of power and violated law enforcement personnel management systems.

Fu Jian said that the passenger stopped smoking in public transport because of the purpose of malicious revenge due to the purpose of malicious revenge because the driver mechanism of online car rental was stopped. It was a malicious report to the traffic law enforcement department maliciously reporting to the driver. Passengers' malicious reports are suspected of slandering drivers and shall bear the infringement liability for the right to reputation. According to the "Public Security Management Penalty Law", detention of more than five days and less than ten days may be fined below 500 yuan; if the circumstances are relatively light, they will be detained for less than five days or a fine of less than 500 yuan.

Law enforcement officers are suspected of abusing their powers, in non -working hours, non -compliance with law enforcement procedures, and maliciously linked to the passengers and abuse their powers. According to the provisions of the Criminal Law, if the staff of state organs abuse their powers or neglect their duties, if the interests of public property, the country and the people suffer from major losses, they will be sentenced to imprisonment or detention of less than three years; Essence

In addition, if the passengers reported to the staff of the state organs, and there is a fishing law enforcement, if it violates the regulations, it is suspected of the crime of abuse of authority. According to Article 397 of the Criminal Law in my country, if the staff of state organs abuse their powers or neglect their duties, if the interests of public property, the country and the people suffer from major losses, they will be imprisoned or detained for less than three years; the circumstances are particularly serious. In prison for less than three years and seven years.

Secondly, law enforcement officers should take system clothing in the process of implementing their official duties, and actively show the traffic administrative law enforcement documents, showing the identity of law enforcement, and explaining the inspection. The two law enforcement team members did not meet the requirements and did not handle the case in accordance with the law and procedures. They should accept administrative penalties in accordance with the law.

Edit: Weekend

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