The country's first ?break the yellow? case final judgment of an ...

Jiaxing City, Zhejiang Haiyan Mr. Shu Chuang yellow fined, but Mr. Shu refused to accept no legal basis ?to? punishment on the grounds that the local police court to become the country?s first case of Chuang yellow light ?administrative litigation. Since the end of last year, encountered the yellow light in the end this should not break, but it became a public hot topic. Jiaxing Haiyan County People?s Court of First Instance judgment of Mr. Shu lost, the Zhongshu subsequent appeal to a hospital in Jiaxing. On the afternoon of the 6th, Jiaxing Intermediate People?s Court made a final decision on appeal, dismissed Mr. Shu appeal, upheld the conviction.

plaintiff

said traffic police punished without a legal basis for

plaintiff the Shu Jiangrong believe that the law does not expressly provides that ?when the yellow light, not the vehicle crossed the stop line prohibits continue to pass?, the traffic police department?s decision on punishment there is no legal basis.

On the morning of 20 July 2010, the

small car, the the Shu Jiangrong driving to work in the sea salt in a judicial, an intersection, traffic technical monitoring records, yellow light does not cross the stop line of vehicles to cross the line continued to travel. The next day, the traffic police department because of Chuang yellow light, to make the decision on punishment of a fine of 150 yuan.

July 11, 2011, Shujiang Rong accept the punishment, to pay a fine. But the Shu Jiangrong believe that the law does not expressly provide, ?when the yellow light, not the vehicle crossed the stop line prohibits continue to pass? the punishment of the traffic police department decided to have no legal basis.

July 2011

Shu Jiangrong, Haiyan County Public Security Bureau to apply for administrative reconsideration, bring an administrative lawsuit to the sea salt Court was dismissed in September the same year, after losing the appeal to the Jiaxing City Intermediate People?s Court in January 2012. February 29, the two sides expand fierce debate in the second instance court, causing the great concern of people from all walks of life.

court held that the illegal break ?yellow light?

Court that the regulations of the Road Traffic Act provisions ?yellow light, the vehicle has crossed the stop line can continue to pass, for safe driving purposes, the understanding of the provisions should be based on? prudent norms ?concept. When the yellow light, only the vehicle has crossed the stop line can continue to pass, in addition, the vehicle is allowed to continue to pass.

second instance courts that, in this case, the behavior of the appellant Chuang yellow legal, involving significant public interest.

Chuang yellow behavior is illegal, involving the provisions of the Road Ordinance ?yellow light, has crossed the stop line of vehicles may continue to pass,? understanding is a legal question of interpretation. For safe driving purpose of the provisions of the understanding should be based on ?prudent norms? philosophy. Such a requirement effectively means that when the yellow light, the driver?s right of way is restricted, restrictions aimed at protecting the safety of road traffic. The value orientation of the legislation in this very obvious, that in order to protect public safety, must be within reasonable limits, to limit the traffic rights of the individual. Therefore, the existing road traffic safety law system, into the yellow Department of offenses.

appellant said it will write research reports reflect

Shu Jiangrong court that respect the Court of Final Appeal ruling, but the yellow light in the end should or should not ?break?, but still adhere to their own ideas. ?No thoroughfare yellow, with red light completely different? That the buffering effect of how to play when the vehicle is very close to the stop line when the yellow light suddenly illuminated, and how to stop the body in motion is inertia

because Shu Jiangrong itself justice workers, he said on this issue will be in the form of research reports to the relevant authorities. ?First, to prohibit the yellow traffic, brought about in the end it is safe or dangerous. Second, the administrative penalty is not by virtue of the reasoning and understanding for punishment, which involves the principle of the rule of law is a big topic.?

Source: New Express

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