China News Service, Xiamen, April 21 (Ye Yilin) On the 18th, the Supreme People's Procuratorate released the 36th batch of guiding cases through the "Online Publishing Hall". sex case.
Among them, the administrative procuratorial supervision case (Prosecution Case No. 146) brought by the Xiamen Procuratorate to the Fujian Provincial Procuratorate for a protest took the first place. This case lasted for 7 years. The road to unification of standards continues to advance.
"Drunken Butterfly" Flutters Its Wings, Traffic Police Lost in Second Instance Trial
"Inspecting drunk driving and revoking the driver's license, why is it wrong? We really can't accept the loss in the second trial." Several prosecutors from the Sixth Procuratorate of the Xiamen City Procuratorate, Fujian Province told reporters that they still remember the Xiamen Traffic Police Detachment to this day. what the officer said when he came to submit the application for supervision.
On the evening of May 1, 2013, Lu Moumou drove an unlicensed two-wheeled motorcycle while drunk and knocked down a roadside pedestrian, causing minor injuries. The court sentenced him to three months of detention and a fine of 3,000 yuan.
At the same time, the Xiamen Traffic Police Detachment also made an administrative penalty decision on Lu Moumou to revoke the motor vehicle driver's license.
However, Lu Moumou believed that his revoked small car driving license had nothing to do with the accident, so he filed an administrative lawsuit, but the first-instance judgment upheld the administrative penalty decision of the Xiamen Traffic Police Detachment.
Later, Lu filed an appeal, but at this time, the "plot" turned 180 degrees. The second-instance judgment concluded that "the man has already assumed criminal responsibility for driving under the influence of alcohol and without a license. , the revocation of the man's small car driver's license is inappropriate and should be revoked", the administrative penalty decision of the Xiamen Traffic Police Detachment was revoked.
Focus on the focus of the case, the procuratorial organs accurately resist
"The administrative penalty decision made in accordance with the law has been revoked. How will we carry out law enforcement work in the future?" With full helplessness and confusion, in September 2014, the Xiamen Traffic Police Detachment submitted an application for procuratorial supervision to the Municipal Procuratorate.
After receiving the application for supervision, the Xiamen Municipal Procuratorate performed its duties in strict accordance with the law, conducted serious investigations and verifications, further sorted out the facts of the relevant cases, and put forward an accurate understanding of the focus of the dispute, "revoking a motor vehicle driver's license for drunk driving".
"During the review process, we found a crucial legal basis from the Road Traffic Safety Law of the People's Republic of China." The undertaking prosecutor said, "The decision to impose an administrative penalty is based on the perpetrator's violation of the law that seriously endangers road traffic safety. This is a negative evaluation of the offender's road traffic safety and legal awareness, and it has nothing to do with the type of permitted driving he actually holds a driver's license, and it has nothing to do with the type of motor vehicle he actually drove when he committed the illegal act."
The Procuratorial Committee of the Xiamen Municipal Procuratorate held that the traffic police department made an administrative penalty decision in accordance with the law, and the application of the law in the second instance was wrong and should be supervised and corrected.
In March 2015, the Xiamen Municipal Procuratorate proposed a retrial procuratorial proposal to the Municipal Intermediate People's Court, which was not accepted.
Subsequently, the Xiamen Municipal Procuratorate lodged a protest with the Fujian Provincial Procuratorate.
In September 2019, the Fujian Provincial Procuratorate lodged a protest with the Provincial Higher People's Court; on May 21, 2020, the Fujian Provincial Higher People's Court adopted the procuratorate's protest opinion, revoked the second-instance judgment and upheld the first-instance judgment.
It is reported that when the Fujian Provincial Procuratorate further extended its handling of the case, it was found that the Lu Moumou case was not an isolated case. In 2019 alone, 32 cases of administrative punishments for revocation of driving licenses by the Fujian Provincial Public Security Bureau were revoked by the courts.
Two-level linkage continues to supervise a case of governance expansion
There are differences in understanding and application of law between administrative law enforcement and judicial adjudication, which will seriously affect the credibility of law enforcement and judicial authority. The Fujian Provincial Procuratorate took this case as an opportunity to strengthen communication and coordination with the Fujian Provincial High Court and the Fujian Provincial Public Security Department. Discussions were held on the issue of revocation of motor vehicle driving licenses, and a consensus was reached on the judgment standards and law enforcement standards of administrative litigation cases for revocation of motor vehicle driving licenses.
On March 19, 2021, the Fujian Provincial Department of Public Security issued the "Notice on Further Regulating the Handling of Administrative Cases of Revocation of Motor Vehicle Driving Licenses". The administrative cases of motor vehicle driving licenses put forward specific requirements and unify the standards of judicial judgment.
In March 2022, when this case was selected into the 36th batch of guiding cases of the Supreme People's Procuratorate, the column of "guidance" clearly pointed out: "The people's procuratorate handles administrative litigation supervision cases and finds that administrative judgments and law enforcement decisions have the same general inconsistency in the application of laws. If there is a problem, the supervision of similar cases should be carried out. While supervising and correcting individual mistakes in accordance with the law, the procuratorial organs should consult with administrative organs and people's courts to promote the formation of consensus, solve common problems such as inconsistent understandings and inconsistent standards in law enforcement and judicial case handling, and promote unified law enforcement. Judicial standards, proper enforcement of the law.”
Up to now, Fujian Province has not encountered the problem of inconsistent law enforcement and judicial standards in administrative cases involving revocation of driver's licenses.
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