Guidance case Fax | Supervision and practice of administrative litigation of motor vehicle driving licenses

Editor

On April 18, 2022, the highest prosecution released the thirty -sixth batch of guidance cases to summarize the types, methods and rules of the supervision of administrative procuratorial cases, and guide the practice of supervision of cases. This is the first time that the top prosecution has published guiding cases with the theme of administrative procuratorial supervision. In this period of guiding cases, the fax column specially focuses on the characteristics and practical significance of this batch of cases, and explores how administrative procuratorials are supervised and governed by a field of cases and solve a type of problems. High -quality development.

Supervision and practice of administrative litigation of motor vehicle driving licenses

Goldenna

The third -level senior prosecutor of the seventh procuratorial department of the Fujian Provincial People's Procuratorate

Ke Jiali

Assistant to Prosecutor 4 Prosecutor of the Sixth Procuratorate of Xiamen Municipal People's Procuratorate in Fujian Province

Abstract: The case of administrative litigation supervision of the People's Procuratorate shall focus on the theme of high -quality development, pay more attention to systemic concepts, and effectively strengthen the concept of supervision of cases. In response to the common issues of inconsistency of the administrative law enforcement of motor vehicle driving licenses and judicial referees, the procuratorial organs have made such prosecution proposals, follow -up supervision, accurate resistance, and supervising the supervision of case supervision by the procuratorial organs. The law enforcement standards and judicial referees handled by cases have reached a consensus to achieve a good effect of handling a case, governance, and benefiting one party.

Keywords: revoking motor vehicle driving license law to apply administrative procuratorial case supervision

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On April 18, 2022, the Supreme Prosecutor released the 36th batches of guidance cases. This is the first time that the top prosecution has published guiding cases with the theme of administrative procuratorial supervision. Following the initiative of administrative procuratoriality, it fully reflects the higher quality of administrative procuratorial supervision. Among them, the "Lu Mou's Procuratorate of the Traffic Police Division of the Public Security Bureau of Fujian Province (No. 146) of the Traffic Police Division of the Public Security Bureau of Fujian Province (No. 146) of the public security bureau of Fujian Province in Fujian Province was selected. This article focuses on the key issues and characteristics of the case, and will discuss how the referee standards and law enforcement standards are discussed through the supervision of the case of the revocation of the motor vehicle driver's license in practice.

1. Basic case circumstances

At 21:00 on May 1, 2013, when Lu drove the unlicensed two -wheeled motorcycle after drunk, Wu Mou, who was walking on the right side of the car, caused his mild injury. It was identified that Lu's blood alcohol concentration was 255mg/100ml, which has reached the standard of drunk driving; the traffic accident of the traffic police detachment (hereinafter referred to as the "city traffic police detachment") of a municipal public security bureau All responsibility. A brigade of the Municipal Traffic Police Detachment stipulated in Article 99 of the "Road Traffic Safety Law of the People's Republic of China" (hereinafter referred to as the "Road Traffic Safety Law"), and a fine of 300 yuan for Lu Mou's unlicensed driving motorcycle was imposed. After a public prosecution of the People's Procuratorate of a city and a certain district, the people's court in a city made a criminal verdict on July 9, 2013, sentenced Lu to the crime of dangerous driving, sentenced to three months of detention, and fined 3,000 yuan (the verdict was judged It has taken effect and a fine of 300 yuan has been redeemed). On July 5, 2013, the Municipal Traffic Police Detachment decided to revoke Lu's motor vehicle driving license in accordance with Article 91 of the Road Traffic Safety Law. The penalty decision was delivered on July 12, 2013.

Lu Mou's penalty decision to revoke his motor vehicle driver's license to revoke his motor vehicle driving license. With its obtained quasi -driving model, the C1 driver's license was not related to the violation of the case. The decision to decide the decision to revoke the municipal traffic police detachment. On September 24, 2013, the people's court in a city made a first trial. The court's trial believes that the administrative penalties of the motor vehicle driver's license of Lu Mou's motor vehicle driving license in the municipal traffic police detachment are found in the law. The claims that are revoked, there is no legal basis, and it is not adopted. The administrative punishment decision made by the Municipal Traffic Police Detachment is clear, the evidence is conclusive, the procedures are legal, the applicable law is correct, the penalty is appropriate, and the penalty is appropriate.

Lu Mou was dissatisfied with the first trial and appealed to an intermediate people's court in a city. On December 11, 2013, a municipal intermediate people's court made a second trial judgment. The hospital tried that Lu had been punished for criminal punishment for drunk driving, and was punished by administrative fines for driving an unlicensed motorcycle without a license. The current traffic police detachment has revoked its small car driving license with drunk driving. The administrative penalty is obviously logically contradictory with the criminal treatment and administrative punishment that Lu Mou has received. In this case, Lu Mou had been criminal responsibility because of drunk and unlicensed driving. The Municipal Traffic Police Detachment revoked its small car driver's license without the special provisions of laws and regulations. The first -instance administrative judgment made by the People's Court of a certain city and a certain district; 2. The administrative penalty decision of revoking the municipal traffic police detachment of the municipal traffic police detachment.

The Municipal Traffic Police Detachment did not accept it and applied for supervision to the procuratorate.

2. Analysis and characteristic analysis of the procuratorial organs to handle Lu's case

(1) Focus on the focus of controversy in the case, and the procuratorial organs will accurately resist

In September 2014, the Municipal Traffic Police Detachment hosted the police to submit an application for procuratorial supervision to the People's Procuratorate of a Municipal People's Procuratorate. After receiving the application for supervision, the People's Procuratorate of a Municipal People's Procuratorate strictly performed their duties in accordance with the law, carefully investigated and verified, and after combing the facts of relevant cases, it was found that Lu Mou had three illegal circumstances in the same behavior, and clarified that different violations should be different from different laws. Administrative and criminal punishment. On this basis, a accurate understanding of the focus of "drunk driving to revoke a motor vehicle driver's license". During the review process, the prosecutor found a vital legal basis, that is, the "Opinions on the Application of the Terms of the People's Republic of China on Road Traffic Safety Law" issued by the State Council's Legal Office in 2012 "pointed out:" China China The revoking motor vehicle driver's license stipulated in the Road Traffic Safety Law of the People's Republic of China is a punishment for deprivation of the eligibility of the holder to drive any motor vehicle on the road.

The decision of administrative punishment is based on the actor's violation of the safety of road traffic safety. It is believed that allowing them to continue driving motor vehicles or endangering public safety, thereby making a decision to terminate its driving permit. This is a negative evaluation of road traffic safety and legal awareness of illegal actors. It has nothing to do with the actual driving model of the actual driving license of the illegal actor, and it has nothing to do with the type of motor vehicle type actual driving when it is practicing illegal acts. The Procuratorate of a Municipal People's Procuratorate discussed that based on the perspective of legislative purposes and law enforcement consequences, the administrative penalty decision of the traffic police department was made in accordance with the law. The second trial applicable legal errors should be supervised and corrected.

In March 2015, the People's Procuratorate of a Municipal People's Procuratorate submitted a retrial prosecution proposal to a municipal intermediate people's court and was not adopted. After discussions, on the basis of further explanation of the court's adoption of opinions, the people's procuratorate of a city decided to follow up the supervision and submit to the Fujian Provincial People's Procuratorate for protest.

(2) The procuratorial organs are up and down, and the two -level linkage continues to supervise

The Fujian Provincial People's Procuratorate was reviewed by the People's Procuratorate of a Municipal People's Procuratorate that there was an error in the applicable law of the second instance judgment. On September 30, 2019, the Fujian Provincial Higher People's Court filed a protest, arguing that Article 91 of the Road Traffic Safety Law The two provisions are that "drunk driving motor vehicles shall be restricted by the traffic department of the public security organs to wake up, revoke the motor vehicle driving license, and investigate criminal responsibility in accordance with the law; It is not an optional punishment measures to be held accountable in accordance with the law. According to Article 4, paragraph 2 of the Administrative Penalty Law, the "setting and implementation of administrative penalties must be based on facts, the facts, nature, plot, and the facts of illegal acts, and the facts, the plot, and the plot, and the illegal act. The provisions of the social harm "is the same" drunk driving motor vehicle on the road, which is an act that endangers public safety. After the traffic police department is investigated for criminal responsibility, the punishment of the driving qualification of all quasi -driving models is in line with the law. Regulation.

On May 21, 2020, the Fujian Provincial Higher People's Court adopted a protest opinion of the procuratorial organs, revoked the second trial judgment of a municipal intermediate people's court, and maintained the first instance judgment of the people's court in a city.

(3) The supervision of the duties can be used to perform a case and handle a case governance

Aiming at the administrative reconsideration and administrative litigation cases caused by the administrative punishment of Fujian Province for revoking the driver's license administrative punishment of motor vehicle driving licenses. Similar social impacts have a large social impact and have certain representativeness. In terms of law enforcement credibility and judicial authority, the Fujian Provincial People's Procuratorate actively strengthened communication and coordination with the Fujian Provincial Higher People's Court and the Fujian Provincial Public Security Department. It is still only deprived of the issue of the qualifications of a certain driving vehicle "to conduct discussions and discuss, and reached a consensus on revoking the law enforcement standards of motor vehicle driving licenses and related administrative litigation referees.

On March 19, 2021, the Fujian Provincial Public Security Department issued the "Notice on Further Regulating the Administrative Case of Administrative Cases of Driving the Motor Vehicle Driving", requiring to strengthen the source management, and the contents of the relevant provisions of the revolution of the driving license of the motor vehicle were entered into the application for the motor vehicle driving license. At the same time, in view of the revocation of the administrative penalties of the motor vehicle driver's license to reduce the right of the punishment, the impact on the punishment of the motor vehicle driver's license is significantly impact. The facts of human drinking and driving are determined that comprehensive considerations, illegal facts, nature, plots, and social harm of illegal drivers, make a decision to revoke the motor vehicle driver's license, reflect the principle of legal, cautious use, and overdoing.

On April 30, 2021, the Fujian Provincial People's Procuratorate and the Fujian Provincial Higher People's Court issued a meeting minutes to correct the "Road Traffic Safety Law" on the procuratorial organs and the people's court. Judicial referee scale.

As of now, the law enforcement standards of administrative cases involving motor vehicle driving licenses have not been revoked in Fujian Province and the problems of inconsistent judicial judicial referee standards for administrative lawsuits are not uniform.

3. Revelation of the practice of case handling

(1) Moving supervision in a timely manner is an important measure to improve the rigidity of procuratorial supervision

After the procuratorial organs have undergone supervision of the error effective judgment, under the circumstances that the people's court has not been corrected, taking follow -up supervision measures is not only a key measure to implement the concept of precision supervision, but also an important way to enhance the rigidity of procuratorial supervision. In this case, a municipal intermediate people's court failed to apply the law accurately, revoked the first trial of the people's court of a certain city and a certain district, and was not adopted for the reconstruction of the People's Procuratorate of a Municipal People's Procuratorate. The Fujian Provincial People's Procuratorate implemented the follow -up supervision measures and supervised the retrial court to correct the problem of improper law applicable laws in the second instance and clarify the administrative penalty of revoking the motor vehicle driver's license. If driving, such as a crime, shall be revoked in accordance with the law. It not only reflects the correction and leading value required by precision supervision, but also achieves the organic unity of political, social effects, and legal effects by optimizing supervision and supervision. (2) Promoting the supervision of cases is an effective way to unify the scale of law enforcement

During the process of handling the case, the Fujian Provincial People's Procuratorate believed that a municipal intermediate people's court applied legal errors. While supervising the supervision according to law, the people's court found that there were similar laws in the administrative lawsuit of multiple motor vehicle driving licenses. In 2019 alone, 32 cases of administrative punishment of driving licenses made by public security organs in the province were decided by the court referee to revoke the administrative penalty decision. The reasons are similar to the case in this article. By filed a protest, while supervising and correcting representative cases in accordance with the law, it was actively conducting special research and consultation with the common issues such as inconsistency and uniform standards in law enforcement cases in law enforcement in law enforcement of motor vehicle driving licenses in law enforcement cases to promote All parties have formed the consensus of administrative law enforcement and judicial cases, promote the correct implementation of laws, and unify law enforcement judicial standards.

(3) The substantive resolution of administrative disputes is a realistic way to promote the end of the case

The Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate in the New Era "put forward new higher requirements for strengthening the legal supervision of procuratorial organs including administrative procuratorial agencies, emphasizing that the procuratorial organs have carried out the substantialness of administrative disputes in the performance of legal supervision duties Resolve the work and promote the end of the case. In the process of handling this case, the Fujian Provincial Procuratorate fully implemented the legislative purpose of the administrative litigation law. While supervising the impartial judicial justice of the people's court and promoting administrative agencies in accordance with the law, it extended the tentacles of procuratorial supervision, strengthened investigation and verification, and targeted the substance of the applicant in the lawsuit in the lawsuit. The root cause of appeal and administrative disputes -the problem of inconsistent application of laws in administrative law enforcement and judicial referees, and comprehensively use multiple ways such as retrial procuratorial proposals and prosecution to promote administrative disputes to be resolved in accordance with the law, fairness, and effective solution. This also shows that the procuratorate adheres to the people -centered concept of the people, the new concept of procuratorial supervision, and the initiative of the high -quality development of the service to serve the service through the law. The case was also selected for outstanding cases of special activities for the national procuratorial organs' "Strengthening Administrative Procuratorate and Promoting the substantive resolution of administrative disputes".

*This article was published in the "Chinese Prosecutor" magazine in July 2022 (classic case version)

Preparation | Zheng Hong

Edit | Wu Shiyu

Review | Wu Ping

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