the first case of “Chuang yellow case,” the parties Shujiang Rong.
Shu Jiangrong Zhejiang Haiyan people, and now the work of the Haiyan County Bureau of Justice. Had engaged in the work of lawyers, notaries, law publicity and education workers and legal aid lawyers.
July 20, 2010, Shu Jiangrong driving cars monitor and record the yellow light does not cross the stop line, driving the vehicle continued to travel cross the line. The next day, Haiyan County Public Security Bureau Traffic Police Battalion identified Chuang yellow, and impose penalties on them 150 yuan.
refuses to accept the punishment, in July 2011, Shu Jiangrong to Haiyan County Public Security Bureau to apply for administrative reconsideration. Was dismissed, the the the Youxiang salt Court administrative litigation.
lost on January 19 this year, but also to the Jiaxing City Intermediate People’s Court appeal. April 6, the court made a final administrative decision: identified the appellant to break the yellow light is an offense.
violation of law, no specific punishment “provisions
Beijing News: Do you pay a fine of $ 150, why then bring an administrative lawsuit?
Shujiang Rong: I engage in law publicity and education work with the new regulations and the lives of ordinary people are closely related, we will focus on publicity. So, I got back to the office to see the ticket on the basis of, and access to legal provisions, but did not find a yellow pass to a fine in accordance with
Beijing News: Do you think the punishment is no legal basis?
Shujiang Rong: State Department’s “Road Traffic Safety Act Regulations for the Implementation of Section 38 provides that” when the yellow light, the vehicle has crossed the stop line can continue to pass, did not say “not crossed the line closed to traffic . Section 26 of the Road Traffic Safety Law provides that the “yellow light means a warning,” Therefore, no direct legal basis for the penalty, in violation of the relevant provisions of the Administrative Punishment Law – “the law expressly provided punishment”.
The Beijing News: You’ve been stressed that “no specific law does not punish,” as a legal worker, you can not find to explain?
Shujiang Rong: “the law does not punished,” the provisions of Article III of the Administrative Punishment Law “. Dounong do not understand, in accordance with the law, when the yellow light does not prohibit the punishment of traffic behavior is inexplicable. Who has the right to develop yellow ban line? This relates to the legislative authority. China’s Legislation Law, “the first paragraph of Article 8 of the fifth special provisions, the penalties can only restriction of personal freedom of citizens by law to develop.
right of passage is a personal right. Yellow ban line, can only be prescribed by law. The question now is, the traffic police anti-introduced to the yellow light can not pass. The traffic police have no power to thrust reversers? The regulations can not be set to prohibit the passage of the terms?
Beijing News: the verdict you agree?
Shujiang Rong: I respect, but do not agree.
yellow ban line buffering effect will be stifled, “
Beijing News: Do you have empathy, the court considered what?
Shujiang Rong: I am the most controversial of the traffic police department and the courts is the understanding of the “yellow light when the vehicle crossed the stop line can continue to pass”.the
court held that when the yellow light, the only vehicles that have already crossed the stop line can continue to pass, in addition, the vehicle is allowed to continue to pass. Why Jiaxing Intermediate People’s Court engage thrust reversers? Red yellow was too dangerous to bring a huge risk.
Beijing News: In your opinion, yellow What is the role?
Shujiang Rong: yellow is a dampening effect, it is a statutory warning. For example, if a vehicle carrying dangerous goods vehicles from Shanghai to Jiaxing in Jiaxing territory encountered yellow. If this time, he thought, Jiaxing is prohibited yellow traffic to an emergency brake what are the consequences? If the dangerous goods fall to explode how to do? If the cause of rear-end collision caused by the explosion of what will happen? This example shows that the yellow light has been closed to traffic, buffering effect was strangled, very harmful to society.
The Beijing News: Do you think the ban yellow traffic does not reduce the danger?
Shujiang Rong: The original grab the line, risk is not resolved, but also increased the risk of a new rear-end. Grab line is a human problem, not matter. We have to tear down imposed on the yellow head, all false speech. If the yellow light is closed to traffic, there has been washed green phenomenon, do we need to ban green passage?
Beijing News: Do you find out about international practice of the yellow indication?
Shujiang Rong: In accordance with international practice, the yellow light passage is not prohibited.
For example, in the United States, the vehicle when the case of yellow light, should be in conflict with the direction of the traffic signal lights prior to release safely through the intersection, or stopped in front of the stop line. Under this provision, regardless of the vehicle whether it has passed the stop line and yellow traffic have not been banned.
enforcement standards should be broad rather than fine
Beijing News: There are media reports, identification and enforcement of standards of behavior nature of the break yellow has aroused the attention of the Ministry of Public Security, The relevant departments are working on a more explicit and detailed enforcement standards.
Shujiang Rong: see this message, I am particularly pleased. Ministry of Public Security shall be very cautious, entirely in accordance with the law. 25 of the road traffic safety laws and regulations, the National implementation of an integrated road safety signals, I hope to be implemented.
Beijing News: is not running before you?
Shujiang Rong: all over the country on the yellow traffic is not the same. The Jiaxing such sentence to Jiaxing a yellow light can not pass. As far as I know, Hangzhou and Jiangsu Province, the local legislation to ban yellow traffic, Shanghai can not help but OK.
I must declare, I never said “break” the yellow light of the word. I just said that the yellow light passage through the yellow light if the “break” yellow light should be in quotes, “Chuang yellow light” to explain this behavior is illegal, but the yellow passage and through the yellow light mean.
Beijing News: prosecute those who break the yellow as the first, you break the yellow behavior standards of law enforcement have any suggestions?
Shujiang Rong: should be broad rather than fine, because road conditions vary widely. Speed ??limit, not the emergency brake allows the driver to have the full right to dispose of, is the safest.If you think red yellow behavior is very dangerous, can be achieved by the speed of the restrictions on the junction of, and must not prohibit the yellow pass.
Beijing News: you still have further intend to do?
Shujiang Rong: the Ministry of Public Security to develop a standard yellow light can pass, then the objective will correct the error. Elsewhere emulate Jiaxing, I think a lot more people recognize the harm against yellow traffic brought about, there will be more people out to stop this error.
this case raises the question, I would like to write a research article, to the relevant departments.
presiding judge: “yellow light vehicles to cross the line only passable”
the reasons for the final judgment, Jiaxing City Intermediate People’s The presiding judge of the Court on the media explained: One reason, that provision actually means that when the yellow light, the driver’s right of way is restricted. If this understanding, contrary to the inherent logic of the law the semantic system, making the yellow and green meaning the same, contrary to the legislative purpose of the Road Traffic Safety Law.
reason, the Road Traffic Safety Law Article 38, first paragraph, omitted when the yellow light, traffic-free words, direct the provisions of the yellow light has crossed the stop line vehicles can continue to access, concise, and more in line with the requirements of the legislative language.
Three reasons, yellow full release as a green light to red light transition, the purpose of setting it should be a yellow light red light-converted time, making the green light, the normal into the cross mouth, but did not pass the vehicle, the rapid and safe by the empty intersection of stranded vehicles, ready for the green light of the direction of conflict. Therefore, the purpose of safe driving, when the yellow light, and only has crossed the stop line of vehicles may continue to pass the other vehicle is allowed to continue to pass.
Beijing News reporter Zhou also frieze
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