Speeding Cadillac crashed into a U-turn Land Rover and killed 2
Ms. Tang from Guilin, Guangxi is still "asking for an explanation" for her dead parents.
On October 21, Ms. Tang received the "Administrative Ruling" issued by the People's Court of Lingui District, Guilin City on October 15.
The ruling showed that the lawsuit against Ms. Tang and other family members was not filed.
"Administrative Ruling" issued by the People's Court of Lingui District of Guilin City.
The court believes that administrative litigation should meet statutory conditions.
The traffic accident recognition certificate prepared by the traffic management department of the public security organ shall be used as evidence for handling traffic accident cases.
Therefore, the act of determining liability for a traffic accident is not a specific administrative act, and cannot be filed in an administrative lawsuit like a people's court.
According to the above regulations, the act of determining responsibility for a traffic accident is not a specific administrative act, and the petition of the prosecutor does not fall within the scope of administrative litigation.
The Paper (www.thepaper.cn) previously reported that on the morning of May 27 this year, 29-year-old Wang Moumou drove a Cadillac sedan along the 321 National Highway Airport Road to Lujiacun's U-turn and ran into a U-turn. A Land Rover SUV caused the death of Tang and his wife on the Land Rover.
Subsequently, the Airport Road Brigade of the Traffic Police Detachment of the Guilin Public Security Bureau (hereinafter referred to as the Airport Road Traffic Police) affirmed the responsibility for the traffic accident, which caused controversy: The Airport Road Traffic Police’s first "Road Traffic Accident Recognition" showed that driving a Cadillac Within 5 seconds before the collision, Wang Moumou who "bounced" to 173 km/h (note: the speed limit of this section is 80 km/h) was the primary responsibility, and Tang Moumou took the secondary responsibility; after Wang Moumou applied for review, the airport road The traffic police determined that the accident responsibility was "five-five", that is, Wang Moumou and Tang Moumou were equally responsible.
It is also based on this that on September 8, the Lingui Branch of the Guilin Public Security Bureau (hereinafter referred to as Lingui Public Security Branch) issued a "Notice of Cancellation", stating that the responsibility for the accident was changed to equal responsibility and the suspect should not be held accountable. Criminal responsibility, decided to withdraw the case.
Tang Moumou’s daughter, Ms. Tang, could not accept the "five-five" result.
Ms. Tang believes that according to the traffic police's determination of Cadillac's speed, when her father turned around at a turn-around intersection, Cadillac was far away 200 meters away.
"No driver could foresee the danger at that time. Cadillac's severe speeding was the root cause of the accident." The Lingui Public Security Bureau issued the "Notice of Not Approving a Case".
In order to investigate Wang Moumou’s responsibility, on September 21, Ms. Tang reported to Lingui Public Security Bureau that Wang Haibin was suspected of driving dangerously.
On the same day, the Lingui Public Security Bureau issued a "Notice of Not Approving a Case". After review, the bureau decided that the case did not constitute a dangerous driving crime and decided not to file the case.
Since then, Ms. Tang and other family members filed an administrative lawsuit with the People's Court of Lingui District of Guilin City, requesting the court to order the cancellation of the second accident responsibility determination made by the airport road traffic police.
After receiving the court's ruling on not filing the case, on the evening of the 22nd, Ms. Tang told Peng Mei News that in the next step, she would submit a case filing supervision to the procuratorate in response to the "Notice of Not Filing a Case" issued by the Lingui Public Security Bureau on September 21. Application.