Scarce absurd in China
--------------------------------------------------------------------------------------------
Insist not delaying the case. - They are so deliberate and crazy
Drop your cleaver!
--------------------------------------------------------------------------------------------
In traffic accident, there are four circumstances under which the party will not be punished according to the regulation: the third one is that if the party dies in the accident, the party will not be charged with the penal and administration responsibility. That is whether the party has peccancies in the accident and whether the party has responsibility for the accident, he will not be given penal or administration sanctions.
The top and down authorities collude and play tricks crazy on rights
Insist not delaying the case. - They are so deliberate and crazy
Need the dead man be imposed a fine?
The third item of the thirty-third article in Constitution of the People's Republic of China writes the nation respects and ensures human rights. The police department defied and trampled human rights and forcibly imposed responsibility on the victim and gave the victim penalty of one hundred Yuan. Who can say the behavior lacking consciousness is the safeguard of human right?
--------------------------------------------------------------------------------------------
My name is XIA Yuanfeng, a Chinese citizen living in Liaoyuan City, Jilin Province.
The administrative executive department, which is responsible for handling the accident is not to Remove Criminal Cases to judicial organizations to solve the problem, and plots out responsibility on purpose irregularly. Additionally, they impose responsibility to the victim and force to collect penalty. In recent ten years, I rushed about to appeal to the higher authorities for help in Beijing. However, there is still no just solution.
After the criminal happened, the handling traffic department didn’t impose any criminal and administrative punishment to the troublemaker who killed a person because of the traffic accident, nor detained the troublemaker even only one day. What it did was setting the criminal free. Because I couldn’t accept the decision sentenced by the Ministry of Public Security, I went to Beijing to appeal to higher authorities for help. To my surprise, I was detained by the authority and had labor education and then detained again.
A relative of the peacebreaker said in the office of accident ministry: We just bumped a person to death! It is not a big matter!
On the lantern festival 2005, the head of letters and visitors office from Public Security Bureau of People’s Republic of China came to Liaoyuan City in order to coordinate this case, and he said the troublemaker should be responsible for All responsibility of Decision on Re-ascertainment of Liability for Traffic Accident should be changed and investigated. However, until now, there is no effect, even though I have gone to Beijing to appeal to the higher authorities for several times.
--------------------------------------------------------------------------------------------
I: They are so deliberate and crazy
On four o’clock forty on the afternoon of November 13th, 1998, at the place one meter west from the center of the crossing of a road junction, less than 200 meters from the north of Liaoyuan City Mining Bureau General Hospital, where (it is said by the criminal that) the visibility was two to three hundred meters and had good sight and open zone, because Xu Shaoqi, a resident of Sun Rising Rural of Lighthouse Village in Xi’an District, Liaoyuan City, was drunk driving and over speeding and driving conversely (according to the fact that the victim did not have traces that showed being hit on his body and the position of the hitting point on the body of the bike, it can be proved that Xu was truly driving conversely on the left driveway. This fact has been testified.) when the two speeding Ji D-50813 South 125 B-side two-wheel motorcycles hit my older sister Xia Lianqun (hereinafter referred to as the victim) who was passing the road normally pushing a bike and bumped her far to more than ten meters, Xu did not take any measures and looked on with folded arms. His subjective hostility is evident. He deliberately dragged on for nearly one hour and then sent the victim to the hospital which is only two hundred meters away from the crime scene. Because the lunatic criminal wished the victim died and deliberately dragged on without aids for the victim the victim died from the excessively bleeding. Xu Shaoqi knew clearly that the victim could die if he gave no curing measures. His subjective hostility is one important element of murder.
Traffic accident and giving no aids are in the same process of Xu Shaoqi’s crime. The main reason of victim’s death is that Xu did not adopt necessary curing measures.
--------------------------------------------------------------------------------------------
II: Accident disposal authority evaded laws
The authority did not punish the criminals but punish the unaccountable victim (forcibly imposed responsibilities on her). The perpetrator hit the pedestrian but got no punishment! Why are the two serious peccancies of after drink and over speed written into the Road Traffic Accident Advisor? Why to amerce the dead victim?
In traffic accident, there are four circumstances under which the party will not be punished according to the regulation: the third one is that if the party dies in the accident, the party will not be charged with the penal and administration responsibility. That is whether the party has peccancies in the accident and whether the party has responsibility for the accident, he will not be given penal or administration sanctions.
There is a clear and definite regulation in How to presume the traffic accidents because of drunk- driving, if the accident was made by the drunk- driving, the driver should be responsible for the accidents.
In Nov. 30, 1998, the professional executing authority the accident disposal unit of Liaoyuan City traffic police detachment (hereinafter referred to as the accident unit) issued the NO. 2110153 Road Traffic Accident Responsibility Cognizance which says that the accident perpetrator drove speeding after drinking and made the victim die. But the authority deliberately exculpated for the criminal and unlawfully judged that the criminal should take the subordinate responsibility and forcibly imposed on the decedent in the accident main responsibility and gave the victim one hundred Yuan penalty according to the NO.2110153 Road Traffic Accident Responsibility Cognizance.
The accident unit officiates in deputy of the nation. The head of the accident unit Zhang said, The responsibility partition of the accident is studied and made by our whole community
The third item of the thirty-third article in Constitution of the People's Republic of China writes the nation respects and ensures human rights. The police department defied and trampled human rights and forcibly imposed responsibility on the victim and gave the victim penalty of one hundred Yuan. Who can say the behavior lacking consciousness is the safeguard of human right?
--------------------------------------------------------------------------------------------
III: After the accident the accident unit dealt with the case collectively. It is the accident unit that released the criminal.
On the second day after the accident, the head of accident unit Zhang and other two people came to the Liaoyuan City Mining Bureau General Hospital (note: I was hit by Audi car of the head of Anshu Mine of Liaoyuan City Dongliao County in 1997 and had to accept cure in hospital because of the left leg tibial fracture. the bad skills of the doctor caused a nonunion of my leg. The hospital colluded with the mine head and misguided me that my leg was healed and forcibly transacted the procedures for leaving hospital without my consent, which led to my second operation. Because my sister’s case has not finished and I was put into prison for reeducation through labor, the case of Anshu Mine traffic accident economic compensation is discontinued on the court of first instance), and lied to us, the perpetrator escaped from our accident unit. We sent three troops of people but did nit catch him. On the same day in the accident unit, Zhang said the perpetrator did not have the ability to compensate and asked us to negotiate with the dependents of the perpetrator about the compensation. He tried not to lawfully investigate the criminal’s penal responsibility and finish the penal case personally. I clearly expresses on the spot, the perpetrator has no money. We may accept none of the compensation of more than 38,900 Yuan. But the perpetrator committed a crime and he must receive punishment and be put into prison for the period he deserves. But Zhang said to us, you are too fractious to return unless you get a lesson. At last you will be hurt badly and come back to beg them on kneels.
--------------------------------------------------------------------------------------------
IV: Illegal System
The person who investigates this case in the Traffic Police Brigade didn’t allow my lawyer to peruse the paper; he said that Their authorities didn’t allow us to peruse the paper. It is obvious that the system has flaws during handling the case, disobeying the legal principle.
--------------------------------------------------------------------------------------------
V: Not handing over the criminal case
The Traffic Police Brigade disobeyed the facts and law deliberately. They counterfeited materials, concealed the state of affairs, played tricks, changed the nature of the criminal case, set criminals free on purpose and refused to hand over the case to he judicatory organ. They have violated the Article eleven in Provisions on the Procedures for Road Traffic, which content is If it is needed to give criminal sanction to the person who is responsible for the traffic accident, the person should be handed over to the judiciary.
The provincial and city procuratorate did not give Cases for Direct Acceptance to the executive department to handle cases collectively of Not to Remove Criminal Cases.
The troublemaker offended three regulations, that is, drunk-driving, speeding and reversing, and led to one person’s death. It is a serious traffic accident. According to the Article 133 in The Criminal Law of the PRC, the troublemaker committed the Traffic Criminal. However, because the Prosecutorial Organization counterfeited the material and changed the nature of the criminal case, as a result, in accordance with the Article 402 Inscape Crime of not handling over Criminal Case with Malpractice for self and the regulations 1,5,6,8 in Article 2 (Ten) Supreme People’s Procuratorate Provisions on the Criteria for Filling Case form The Criminal Law of the PRC, I handed in the letter complain to the chief procurator of the procurator’s Office in Liaoyuan City and reflected the facts that the leader of the Traffic Police Brigade and the criminal Xu Shaoqi all come from the same countryside. The focus of this criminal case is the leader of the Traffic Police Brigade. However, Zhang procurator did not make a response to the information; he sheltered the criminal and threatened us to be careful, in case that we would be punished. He gave us written decision of no case-filling of criminal appeal and then finished the criminal case. (In 2004, the chief procurator of the procurator’s Office in Liaoyuan City said that As long as I was the chief procurator, I would never place a case on file for investigation and prosecution for you.
The top and down authorities collude and play tricks crazy on rights.
In 1999, I appealed to the higher authorities for help, People’s Procuratorate of Jilin Province and on October 11th, 1999, People’s Procuratorate of Jilin Province gave this malpractice not handling over criminal case to the Public Security Bureau of Jilin Province. People’s Procuratorate of Jilin Province helped a tyrant to do evil.
--------------------------------------------------------------------------------------------
People’s Procuratorate of Jilin Province
() Ji Jian Xin Zi No. (without No.)
Xia Yuanfeng: The problem which is reflected in your letter (which belongs to the ministry of Public Security) has been transferred to (Public Security Bureau of Jilin Province) be dealt with. You could contact with them directly.
October 11th, 1999
The reception office on accusing and appealing in People’s Procuratorate of Jilin Province (marked with official stamp)
The administrative executive department, which is responsible for handling the accident is not to Remove Criminal Cases to judicial organizations to solve the problem, and plots out responsibility on purpose irregularly. Additionally, they impose responsibility to the victim and force to collect penalty. In recent ten years, I rushed about to appeal to the higher authorities for help in Beijing. However, there is still no just solution.
Ministry of Public Security - This case hung in the balance for a long time, they insist on the unfair Road Traffic Accident Responsibility Confirming Letter and refuse to cancel or change it according to the People's Police Law of the People's Republic of China. They refuse to execute the law fairly……



