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| 15.09.2012, 07:18 - por65nm0286 - Rank 3 - 40 Posts
's Court to support the punishment Anhui Procuratorate Express News, according to "China Youth Daily" reported, "free piggyback strangers that insufficient evidence for ascertaining the facts, the result is as illegal operation punishment 30,000 yuan. "67-year-old retired workers in Hefei Li Rongshou mention this child more than three years ago, you regret it. The Li Rongshou illegal operation Make the punishment Hefei Transportation Management Office said, give a lift free with "violation of basic common sense", the Hefei Intermediate People's Court to support the the Yun Guanchu Li Rongshou administrative punishment, the Anhui Provincial People's Procuratorate that the court "finds that the facts insufficient evidence. " Li Rongshou elderly has been an appeal, complaint nearly four years. Events for the elderly person claiming to give a lift with good things Yunguan Chu insisted that illegal operators is a 67-year-old Li Rongshou retired workers. On the afternoon of July 18, 2008, outside the health care hospital in Hefei, a lady hit car to just getting motorcycle while stocks wife Li Rongshou help. The lady said in a hurry, Li Rongshou can upload your own motorcycle. "I said that they are not 'friction', but the woman has repeatedly begged me and wanted to do good things, and give a lift, so he agreed, Li Rongshou said. Li Rongshou recalled that the lady get off after reaching the destination, said there was no change, Li Rongshou told us not to give money. Hefei Transportation Management Office (hereinafter referred to as Yunguan Chu) law enforcement officers stopped to wait until the woman to run away, Li Rongshou finishing helmet is preparing to leave, he was. Law enforcement officers asked Li Rongshou if he knew the lady just equipped, Li Rongshou not know. Law enforcement officers identified Li Rongshou motorbike taxi driver, his vehicle requirements withheld. "I do not have money, just give a lift to a journey argues Li Rongshou. He deliberately put all her pockets to hold things all dug out to prove that he did not charge. "But law enforcement officers believe that I'm with people who know each other, and he took the money,jordan, there are charges conventions, also equal to the illegal operation, I said, I did not toll the convention, so the lady and I confronted him, but is not allowed." August 20, 2008,polo ralph lauren, Yunguan Chu of Li Rongshou make "traffic administrative penalty decision" (hereinafter referred to as "punishment book"). Which refers to: law enforcement officers through on the Lirong Shou their passengers in the scene investigation and evidence collection, confirmed passengers and Li Rongshou know each other, riding on the motorcycle to the passengers from the Yangtze River Hotel Fuyang Road vegetable market, agreed to pay 5 yuan according to the scene collect and record and the investigation and verification, Li Rongshou two motorcycles engaging in illegal acts of road transport operation facts are clear, evidence ... "Finally, the" punishment "that, according to" The People's Republic of China on Road Transport Regulations sixtieth The four provisions Li Rongshou ordered to stop their operations, the decision of the administrative penalty of a fine of thirty thousand yuan. The litigation court: Yun Guanchu evidence in line with the law for the elderly: witnesses and not equipped with the same person Lirong Shou refuses to accept, to bring an administrative lawsuit urged Yaohai District People's Court. Yaohai District People's Court ruling in November 2008. The verdict said, the defendant (Yun Guanchu) live video submitted to the court, Li Rongshou inquiry transcripts, riders testimony to prove that Li Rongshou illegal operations. In addition, the Yunguan Chu, the respondent (Li Rongshou) alleged that the Department give a lift with people as well as the grounds of the convention costs, "not only violates the basic common sense, more inconsistent with the respondent (Yun Guanchu) provided evidence clearly untenable . The evidence for Yun Guanchu provided, Li Rongshou panoramic screen, live video do not reflect the situation at the scene. "The identity of the witness testimony is not expressed, issued no witness signatures also do not know",moncler pas cher, and passengers in contradiction to the testimony and the circumstances described in the "punishment". But after hearing Yaohai District People's Court held that: "the defendant on the evidence collected for analysis to determine the facts of the case in order to accurately meet legal requirements The case defendant Although there is no plaintiff actual evidence of the fees charged by defendant to the plaintiff, but does not affect qualitative breach of the People's Republic of China Road Transport Regulations facts. "supports a fine of $ 30,000" punishment book. The Li Rongshou said the woman in the video with him are not equipped with one, "the girl early twenties too fat, but I take about 30 years or younger, slim". Li Rongshou appeal to the Hefei Intermediate People's Court. Hefei Intermediate People's Court rejected the appeal and upheld the original verdict. Procuratorate: Yun Guanchu evidence contradictory, the evidence does not meet the requirements can not be a chain of evidence should be inadmissible losing, Li Rongshou and did not give up. Lirong Shou said, "Hard work pays off, through the investigation of the Anhui Provincial People's Procuratorate, also found the evidence in question." February 26, 2010, the Anhui Provincial People's Procuratorate to submit a protest in writing to the Higher People's Court of Anhui Province . " Protest in writing, "said" City Yunguan Chu provided the three evidence not only fail to form a chain of evidence, conflicting content, and that the evidence does not meet the evidentiary requirements of the administrative proceedings, it should be inadmissible. "Hefei Intermediate People's Court of the Li Rongshou the judgment, "the main evidence for ascertaining the facts, in violation of legal procedures. Protest in writing "also Yunguan Chu provided evidence questioned. Shady live video. Mentioned, the the audiovisual information provided by the Yunguan Chu "protest in writing, all the scenes of the continuity of the Li Rongshou motorcycle driver and passenger-site transactions and transport situation, its only outside a store audio and video products, two scene: "First, store a law enforcement officers of the City Yunguan Chu asked the one in the hands of the people of the so-called young lady holding a stack of audio-visual products just ride motorcycles 'if he knew where the car, to how much' the Ms. brief and intermittent answer is 'do not know, the side of the Yangtze River Hotel, 5' ...... "chaotic scenes outside the shop the Li Rongshou City Yunguan Chu staff asked the respondent and quarrel in this section audiovisual information Li Rongshou staff, according to the city Yunguan Chu asked, emotional Respondent: request to give a lift to send the a strangers lady to double post,air jordan, did not talk about money nor money from outside the gate of the City, MCH own doing the right thing, and turned over on him all summer clothing pocket to the presence of view, to show that it does not collect the money; and the request of law enforcement officers investigating the requirements to enter the store and who was asked Ms. confront unsuccessful, as the woman unknown. "Provincial Procuratorate that the case of Yunguan Chu provided live video does not meet the evidentiary requirements of the administrative proceedings, it should be inadmissible. 2 Li Rongshou record of inquiry." the record stated: Li Rongshou statement its one seems hurry, did not know the request of Ms. Maternal and Child Health Hospital of Tongcheng intersection near the door, give a lift to do the things the Shuanggang near the Ms. sent to Fuyang North Road, it is not the Mount, themselves do not have the money,burberry, do not talk about money no money 'The lesbians go' ... Obviously, the record does not prove that Li Rongshou in the fact that road transport operators. "Witness testimony. Protest in writing" in the statement: "The testimony of the Department of the written testimony of the passengers, Xu X (name unclear), which reads: 'I ride Anhui or about July 18, 2008 4:20 PM A82727 No. motorcycle from Hefei, small garden to double post, paid or an agreement that the freight of $ 4. I know each other with the car driving. 'The evidence of previous live video passengers Ms. ride locations, pay the amount as conflicting. The evidence is prefabricated format text, there is no representation of the identity of the witness,moncler, not inscribed in time. The names of witnesses is not clear, contact the phone went dead. In particular,abercrombie pas cher, the witnesses did not testify in court, according to law and therefore difficult to identify the authenticity of the evidence. Hefei Intermediate People's Court: good thing given away there is no evidence to prove that received "protest in writing, Anhui Provincial High Court issued a ruling, the trial court Hefei Intermediate People's Court on the case for retrial However, Li Rongshou losing Hefei Intermediate People's Court on September 14, 2010 judgment,burberry, upheld the Hefei Intermediate People's Court that the to Yun Guanchu provide live video and written evidence to confirm each other,air jordan pas cher, to prove the facts of the illegal operation of Li Rongshou. "Li Rongshou admitted with motorcycle Car people, but argued that the request should people doing good to give as gifts, not a passenger-profit, there is no evidence ", Li Rongshou said," talk of the town I'm doing good to give as gifts, do not you publicize praise, why should the evidence Punished transportation Authority only prove illegal responsibilities Caidui. It seems that the future well in advance the first proof Caixing. "Administrative Procedure Law of the People's Republic of China," the provisions of Article 23: the defendant make a specific administrative act bears the burden of proof, should be provided to make the evidence of the specific administrative act, and on the basis of normative documents Hefei Yunguan Chu The staff said: "Time is so long, you let me talk about was how to punish, I have no way to give you the exact information. "When reporters want to get in touch with the law enforcement officers of the parties, the staff said," not appropriate "at the same time, to Yunguan Chu the staff identified,abercrombie, there will be a punishment procedures before making any administrative penalties, if the penalty decision dissatisfaction could report complaints. "the parties may resolve this matter through the judicial process, the staff said at last, Lirong Shou said, he will continue to appeal. before, he has been made to the Supreme People's Court to submit a petition for retrial. 相关的主题文章： but the rescue very da...the subway underbody flow same university most of the books and not outdated |