Introduction:
In recent years, with the rapid growth of motor vehicle ownership, Beijing and other large cities have implemented a policy of restricting traffic and numbers. In order to adapt to this policy, some car owners have adopted some improper ways to protect their vehicles, which has led to new social problems. This paper analyzes typical cases, discusses the deficiencies of relevant laws and regulations and the legal ways for car owners to protect their vehicles, and provides a reference for further improving relevant laws and regulations.
First, the ins and outs of the incident
Wang is a white-collar worker working in Beijing. He recently bought a new car, and in order to avoid the sun and rain on the vehicle, he specially bought a waterproof and sunproof car cover online. One day, Wang's vehicle could not be put on the road due to the implementation of the odd and even number restriction policy.
In order to protect his car, he put the car cover on the car and took the bus and subway to go to work. When he received a text message and learned that the traffic police determined that his behavior was deliberately covering the number plate of the motor vehicle and imposed a fine, Wang decided to sue the traffic police department.
2. Typical case court judgments
(1) The court held that, in accordance with the Road Traffic Safety Law, Wang's vehicle was illegally parked and should be punished, and his behavior also violated the provision that the number plate of a motor vehicle should not be deliberately covered. Therefore, the facts of the decision of the traffic police department on fines and demerit points are clear and the law is correctly applied.
(2) Some commentators believe that it cannot be determined that the blocking of the license plate is to evade punishment because of illegal parking. Wang's main purpose is to protect his car and should not be punished. The Administrative Punishment Law stipulates that there should be no penalty if there is no subjective fault.
3. Deficiencies in the basis of laws and regulations
At present, the relevant laws and regulations are not clear enough about the definition of "intentionally obscuring the number plate of a motor vehicle". Whether it is only for vehicles in motion, and whether there is a penalty for covering the number plate for any reason? These need to be further clarified. Legislation should take into account the reasonable need to protect vehicles and avoid arbitrariness in law enforcement.
Fourth, the legal way for the owner to protect the vehicle
The traffic police department said that if there is no illegal act such as illegal parking first, there will be no penalty for protecting stationary vehicles with car covers. In addition, choosing underground or shaded parking lots and legally demarcating parking spaces are legal means for car owners to protect their cars.
5. Courts in different regions have different determinations
According to statistics, courts in Beijing, Shanghai and other cities mostly support the punishment of similar cases by the public security organs, while courts in Zhejiang, Sichuan and other regions pay more attention to the balance between the subjective fault and the legitimate rights and interests of the parties. The interpretation of relevant provisions in practice varies from region to region.
6. Discussion of the pros and cons of the number limit policy
The implementation of the number restriction policy can reduce traffic congestion, but it also increases the difficulty of travel for the masses and affects normal life. How to strike a balance between alleviating congestion and ensuring travel demand needs to be further discussed and improved.
Conclusion
Some netizens said that Wang's main purpose is to protect his car and should not be punished; some netizens said that illegal acts cannot be allowed because the subjective purpose is legitimate; and some netizens said that it should be dealt with according to different circumstances.
This paper argues that the relevant departments should strengthen the consideration of the reasonable needs of car owners to protect the rights and interests of vehicles in legislation and law enforcement, so as to avoid arbitrariness in law enforcement, and also call on the majority of car owners to choose legal ways when protecting their cars. It is hoped that the relevant legislation will pay attention to the problems that arise in the implementation of laws and regulations, and provide more comprehensive legal support for the management of peaceful rights and interests in accordance with the law.
This topic: What do you think about this matter? Welcome to leave a comment below, if you like the article, please pay attention and like!
#文章首发挑战赛#