Socialization of annual inspection improves neutrality and objectivity Unclear
positioning of vehicle inspection agency leads to inspection flowing into form Expert advice
● The motor vehicle annual inspection system has played an active role in strengthening the safety management of motor vehicle operation. However, as the pace of motorization continues to accelerate, the defects and problems exposed by the motor vehicle annual inspection system are also increasing. The cries of voice rise
● The socialization of annual inspection can improve the neutrality and objectivity of motor vehicle safety technical inspections, prevent technical inspections from becoming administrative management, and cause the role of government supervision departments to be both referees and athletes. At the same time, it can also clarify the rights, obligations and responsibilities of both parties and prevent the safety technology inspection from flowing into the form
● The key to the direction of the reform of the annual inspection system for motor vehicles is to implement the spirit of the central government’s “decentralization, management and service” reform.
□ Reporter Wang Yang
□ reporter Bai Chuxuan
The policy regarding the annual inspection of motor vehicles has always attracted the attention of the “car owners”.
In March 2020, a major change occurred in the annual inspection of motor vehicles-the electronic inspection mark for motor vehicles, and 16 cities including Beijing, Shanghai, Tianjin, and Nanjing became pilot cities. From June 20, the electronic inspection mark of motor vehicles will be promoted and applied nationwide. It is understood that the electronicization of motor vehicle inspection marks is an important measure for the reform of the "delegation of service" of the public security traffic control.
During the interview, an expert told the "Legal Daily" reporter that the motor vehicle annual inspection system has played a positive role in strengthening the safety management of motor vehicle operation, but as the pace of motorization continues to accelerate, the shortcomings and problems exposed by the motor vehicle annual inspection system More and more, the call for the socialization of the annual inspection of motor vehicles has risen.
"The socialization of motor vehicle annual inspection is to turn motor vehicle safety technical inspection into a professional social service." The above experts believe that the socialization of motor vehicle annual inspection can improve the neutrality and objectivity of motor vehicle safety technical inspection and prevent technical inspection Turned into administrative management, the role of the government supervision department as both a referee and an athlete appears wrong. At the same time, it can also clarify the rights, obligations and responsibilities of both parties and prevent the safety technology inspection from becoming formal.
Supervise regular inspection of vehicles
Guarantee the safety of life and property
Automobile inspection, a familiar and unfamiliar industry.
The motor vehicle annual inspection system refers to an inspection that every vehicle that has obtained an official number plate and driving license must go through it. It is an annual inspection and is divided into an initial annual inspection and a regular annual inspection. As far as the status quo of motor vehicle development and management in China is concerned, the annual inspection system for motor vehicles can effectively urge motor vehicle owners to regularly inspect vehicles, ensure that motor vehicle owners can manage, use, and maintain vehicles according to law, and can also protect the lives and property of the people. And the security of public property and the protection of the environment provide institutional level protection.
The implementation of the Road Traffic Safety Law and its implementing regulations on May 1, 2004 marked the establishment of a motor vehicle safety technical inspection system from the legal level of public security traffic management in my country. Since then, the establishment and implementation of supporting regulations and standards such as the Supervision and Administration of Motor Vehicle Safety and Technology Inspection Organizations and Motor Vehicle Safety and Technology Inspection Projects and Methods have clarified the requirements for the inspection organization’s access conditions, qualification approval, supervision and inspection, and further Standardize the inspection behavior of inspection agencies.
So far, my country's motor vehicle safety technology inspection laws and regulations and standard system framework have been preliminarily constructed, forming a working pattern of conducting safety technology inspection according to laws and regulations, better guaranteeing the safety performance of vehicles driving on the road, and effectively preventing and reducing traffic accidents.
"Legal Daily" reporter combed the information and learned that motor vehicle inspection has always occupied an important position in countries with more developed automobile consumption. Japan, the United States, and the European Union have also confirmed through long-term data comparison that regular inspections are an effective way to eliminate hidden vehicle safety hazards, urge car maintenance, and reduce traffic accidents.
In Japan, the law stipulates that the first car inspection for a new car of a regular car is the third year after the registration of the car purchase, and the car inspection will be conducted every two years thereafter. Trucks, buses, and special vehicles need to be inspected annually.
In the United States, each state has different policies. For states with annual inspection requirements, the law requires car owners to ensure the safety of their vehicles, and allows other roads and pedestrians to improve their safety. States without annual inspections have neither safety inspections nor exhaust emissions inspections, which means that there is no such thing as an annual car review. In Europe, according to the EU's transportation legislation passed in 1996, the annual inspection system in many countries is basically the same. All member states must carry out annual inspections of vehicles on a regular basis, but there are slight differences in details. Each country will arrange it according to its own circumstances.
In terms of specific implementation, Europe, the United States and Japan are also different. In Japan, just like our country, there are special car inspection sites (except Tokyo and surrounding areas). The car inspection work will basically be authorized to some large auto supply stores, and even in smaller areas, some gas stations will be authorized to act as agents. But the car inspection process is more complicated than in China.
Europe and the United States are relatively similar in this respect, and they do not have a dedicated vehicle inspection agency. In the United States, the annual inspection of all vehicles is basically carried out by authorized car dealers or repair shops and gas stations, and the inspection process is relatively simple. Most European countries also do not have government-run vehicle inspection agencies, and all vehicle inspection sites are private companies.
During the interview, Hu Gongqun, a legislative advisory expert of the Standing Committee of the Beijing Municipal People's Congress, said that with the rapid development of China's economy, the automotive industry has brought tremendous pressure and challenges to the environment and traffic safety, and has developed good motor vehicle awareness and environmental protection. The security concept will take time. The purpose of the annual inspection of motor vehicles is to ensure the safety of road traffic, that is, the personal and property safety of motor vehicle drivers and others and the safety of public properties, as well as to control the exhaust emissions of motor vehicles and protect the environment. "Regular inspection of motor vehicles to keep them in good standby or running state is very necessary for motor vehicle drivers and the entire society."
On January 14 this year, the Ministry of Public Security held a press conference to inform the public security traffic management department of the six new reform measures for convenience and profitability that will be launched in 2020, including three pilot reform measures and three comprehensive implementation reform measures. Transformation is one of them.
After the implementation of this measure, vehicle owners can issue electronic certificates of inspection marks through the nationwide unified Internet traffic safety integrated service platform or the “Transportation 12123” mobile phone app. After completing the vehicle registration and inspection business, the vehicle can view and download the electronic certificate of the inspection mark through the Internet traffic safety integrated service management platform or the "Transportation 12123" mobile phone app. The vehicle does not need to paste the paper inspection mark to avoid the trouble of pasting.
Vehicle inspections are chaotic
On February 28, the "Statistical Bulletin of National Economic and Social Development 2019" released by the National Bureau of Statistics showed that the number of civilian vehicles in the country at the end of last year was 261.5 million (including three-wheeled vehicles and 7.62 million low-speed trucks), an increase from the end of the previous year 21.22 million vehicles, of which 223.53 million were private cars, an increase of 19.05 million. The number of civilian cars is 144.44 million, an increase of 11.93 million, of which the number of private cars is 137.70 million, an increase of 11.12 million.
At the same time that the number of national cars has grown substantially, the annual inspection system for motor vehicles to ensure road traffic safety has exposed many problems in actual operation. Among them, the controversy over the annual inspection of bundled motor vehicles continues.
The so-called annual inspection of bundled motor vehicles refers to the act of tying the handling of traffic violation records to the annual inspection of motor vehicles. When going to the vehicle management office for the annual vehicle inspection, the driver must pass the annual inspection after handling the vehicle violations of the year.
On August 6, 2018, due to the fact that the traffic police detachment did not issue inspection marks for motor vehicles that still have more than 110 illegal records, Liao Mou, a man from Fuzhou, Jiangxi, brought the traffic police detachment of the Fuzhou Public Security Bureau to the court, demanding that it be issued according to law. Give the motor vehicle an annual inspection pass mark. On April 18, 2019, the second-instance judgment of the case was pronounced, and the court upheld the first-instance judgment and ordered the Fuzhou Public Security Bureau Traffic Police Detachment to re-process Liao’s application for a passing mark.
Beijing lawyer Xiao Dongping believes that motor vehicle violations and annual inspections are administrative penalties and administrative licenses. The former refers to specific actors, while the latter refers to vehicles, and the two are completely irrelevant in nature. . Unchecked vehicle violations are not subject to annual inspections. They are punished for "cars" because of "people" traffic violations. Rough bundling management results in new vehicles being unable to obtain vehicle inspection certificates. .
In fact, in addition to dealing with traffic accidents and motor vehicle traffic violations as a prerequisite for issuing motor vehicle safety inspection certificates, the current annual inspection of motor vehicles has other problems that have been criticized by vehicle owners.
"Legal Daily" reporters searched on the Internet using the keyword "annual inspection of motor vehicles" as a keyword, and saw a large number of complaints about "whether the motor vehicle inspection will damage the vehicle", "how to avoid violent vehicle inspection by the vehicle inspector", and "there are many failures after the annual inspection" "And other questions and discussions, including "recommendation to cancel the annual inspection of motor vehicles" Weibo comments and reposted hundreds of thousands of times.
Earlier, the media had exposed that there was a phenomenon of "price increase package" in the annual inspection of motor vehicles in many places. In June 2019, at a motor vehicle testing center in Nanning, Guangxi, when Ms. Xu handled the annual inspection of motor vehicles, the staff directly offered two prices for her to choose: "160 yuan for yourself, 270 yuan for agent, covered."
In addition, there are problems such as poor service attitude of the testing agency and long waiting time for queuing, which makes the annual inspection of motor vehicles originally intended to prevent vehicle risks and ensure driving safety more and more questioned.
On April 29, 2014, the Ministry of Public Security and the former General Administration of Quality Supervision, Inspection and Quarantine issued the "Opinions on Strengthening and Improving the Annual Inspection of Motor Vehicles", which stipulated that public security, quality supervision and other government departments shall not establish vehicle inspection agencies. Must be completely decoupled.
During the interview, an expert told the "Legal Daily" reporter that the road traffic safety law has clarified the direction of the socialization of motor vehicle safety inspection, but it has not turned it into a mandatory provision. The so-called socialization of safety inspection is to turn the inspection of motor vehicle safety technology into a socialized and professional social service. One party pays the other, and the other party provides services that meet the requirements. Both parties have equal rights and obligations, and each has its own responsibilities. Socialization of safety inspections can improve the neutrality and objectivity of motor vehicle safety technical inspections, prevent technical inspections from becoming administrative management, and cause the role of government supervision departments to be both referees and athletes. The socialization of safety inspection can also clarify the rights, obligations and responsibilities of both parties, and prevent safety technology inspection from becoming formal.
Earlier, the case of Teng Yang, the policeman of the Traffic Management Division of the Traffic Police Detachment of Yichun City, Heilongjiang Province, caused public concern. In less than 3 years, Teng Yang took advantage of the convenience of being stationed at a motor vehicle testing station to handle the annual inspection of motor vehicles without the vehicle being inspected on the spot. He took bribes of more than 2.31 million yuan and staged the Greedy ugly drama.
On October 8, 2018, the court of second instance convicted Teng Yang of taking bribes and sentenced him to 7 years in prison with a fine of 1 million yuan; his mother Yang Kuiwu committed the crime of concealing and concealing the proceeds of crime and was sentenced to 4 years in prison with a fine of 70 Ten thousand yuan. The recovery of Teng Yang’s crime proceeds of 1.961 million yuan was handed over to the State Treasury, of which 790,000 yuan could be recovered from Yang Kuiwu. The Zhan Mou, Cui Mou, An Mou, and others related to this case were also severely punished by the law for bribery and bribery.
Sun Xiangqi, associate professor of Beijing Jiaotong University School of Law, believes that because vehicle safety is a professional and technical issue, whether a vehicle meets safety standards needs to be judged by a third-party professional agency. This is the original intention of the vehicle safety technology inspection system.
Sun Xiangqi said that there are three issues in the current motor vehicle inspection system that should be taken seriously: First, although the law provides for the socialization of motor vehicle safety and technical inspections, the regulations are not mandatory. Some inspection agencies still have certain interest relations with public security organs and technical supervision departments. The inspection agencies are not clearly positioned and lack neutrality and objectivity. Some inspection agencies actually play the role of state organs. The unclear positioning of inspection agencies leads to inspections becoming formal. Some inspection agencies even provide inspection certificates only for payment.
Second, the responsibility of the inspection agency is not clear. Technical inspection should be a social service like a certified public accountant. If a result is provided without providing services or a false test result is issued, compensation should be paid for the loss caused by the erroneous test result, so as to reflect the unification of power and responsibility.
The third is to link the vehicle safety inspection to the vehicle's compulsory insurance, and the vehicle will not be given a safety test if the vehicle is not subjected to the compulsory insurance. Although the binding operation is useful, it is actually not reasonable because these are two different systems.
Annual vehicle inspection in form
The call for reforms continues
With the improvement of my country's economic level, the number of cars is increasing. "It's easy to buy a car and it's difficult to keep a car." This may be the feeling of many people after buying a car, and the most annoying thing is the annual inspection.
A Shanghai car owner believes that a car is allowed to be produced, sold and used, and it should be legally presumed that it complies with national environmental standards. Before the vehicle reaches the end-of-life standard, if the vehicle cannot drive normally, the maintenance organization can only use accessories that comply with the national standard, and there is basically no problem of abnormal emissions. Therefore, whether the vehicle meets the environmental protection standard is not at all an obligation of the vehicle owner, but a question that the state should strengthen the supervision of automobile manufacturers, maintenance organizations and oil suppliers. "Compulsory vehicle inspection is actually a false proposition, an extrajudicial obligation imposed on car owners."
Relevant information shows that the market for vehicle inspection is very large. Even according to the calculation of “average inspection of more than 70 million vehicles per year” disclosed by the Ministry of Public Security and the former General Administration of Quality Supervision and Inspection 5 years ago, each vehicle inspection requires about 100 to 200 yuan, and the annual vehicle inspection consumption in the country reaches 10 billion yuan. many.
Industry insiders told the "Legal Daily" reporter that although the vehicle inspection was carried out by the administrative agency responsible for the transition to the market, it did not issue corresponding supporting rules, and who gave the inspection to it was obviously controlled by power. The agency responsible for vehicle inspection has not undergone open competition and does not need to assume more obligations to the state. Therefore, the biggest purpose of the existing inspection company is not to maintain the safety performance of the vehicle, but to pursue the profit as the ultimate goal. In the process of annual inspection of the vehicle, if you encounter any problems, you can almost pay for it. It is already an open secret that the annual inspection of automobiles is based on the form, indiscriminate charging of clever names, and the huge underground gray interest chains resulting therefrom. The company is an equal market player. Whether the vehicle inspection should be voluntary. However, under the current system, car owners do not have the freedom to not carry out car inspections, and can only choose between a limited number of car inspection companies.
According to the official website of the People's Court of Taishun County in Zhejiang Province, employees Mao, Lin, Xia and Tang of the Taishun County Automobile Comprehensive Performance Testing Station took advantage of the duties of car inspections and adopted illegal operation methods to help unqualified vehicles pass the inspection. Illegally accepted 85,000 yuan of money from vehicle inspection personnel. In the end, the court sentenced Mao, Lin, Xia to commit bribery and were sentenced to 8 months in prison and fined 100,000 yuan; Tang was convicted of bribery and sentenced to 4 months in prison and fined 100,000 .
In recent years, there have been many calls to cancel the annual inspection system. During the two sessions each year, the annual inspection system for motor vehicles often becomes a hot topic.
During the two sessions in 2019, Chen Xunhua, deputy of the National People's Congress and mayor of Anshun City, Guizhou Province, submitted to the conference the "Recommendation on the Abolition of Annual Inspection of Private Cars Below Seven Seats". This proposal was called a conscience proposal by the majority of netizens, and it was praised by millions of netizens, reflecting the dissatisfaction of car owners on the annual inspection system from the side.
Some netizens believe that the original intention of the annual inspection system is to help vehicle owners to check the vehicle operating conditions, and the starting point is good. However, compared with the annual cost of the car owner’s annual inspection system, it seems that the cost performance is not high, and there are many unreasonable problems in the annual car inspection. During the annual inspection, the car failure cannot be checked. After the annual inspection, there are a lot of car failures, which is why many car owners complain.
Some traffic management departments worry that after the annual inspection of the car is cancelled, illegally modified cars will become more rampant. At present, environmental protection is the current mainstream, and automobile exhaust has become a source of pollution in many cities. After the annual inspection is cancelled, illegal cars will drive on the road at will, which will make the city's air pollution more serious.
Li Honglei, a researcher at the Institute of Law of the Chinese Academy of Social Sciences, believes that the key to the direction of the reform of the annual inspection system for motor vehicles is to implement the central government's "decentralization, management and service" reform spirit. For projects that are really related to the safety of motor vehicles, especially the safety of operating motor vehicles and ecological environmental protection, we must manage them well, and let go of other projects. Those who are exempted from inspection according to law should no longer be required to go to the vehicle management office to receive inspection marks. The specific implementation of the annual inspection can be carried out by qualified market entities such as auto repair plants, and the relevant competent departments should focus on supervision.