Are they really crazy? - Need the dead man be imposed a fine

Number of posts : 10 Registration date : 2007-04-19

Need the dead man be imposed a fine?

The top and down authorities collude and play tricks crazy on rights.

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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.

My name is XIA Yuanfeng, a Chinese citizen living in Liaoyuan City, Jilin Province.

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.

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.

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!

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.

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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.

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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? Question

Number of posts : 10 Registration date : 2007-04-19

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.

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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.

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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.

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.

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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……

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The ministry of Public Security disobeyed the division responsibility deliberately, and imposed a fine to the dead victim. In the meanwhile, Public Security Bureau insisted on refusing to change the artificial and wrong Decision on Re-ascertainment of Liability for Traffic Accident by its subordinate. People’s Procuratorate of Jilin Province connived and took sides of the Public Administrative Enforcement of Law Organization and People’s Procuratorate of Liaoyuan City, so I have to appeal to the higher authorities for ten years since 1998. Due to that, I (the brother of the victim) was detained for twice and had a labor education for once, which is I was forced to be detained on May 30th, 2004. (If you want to condemn somebody, you can always trump up a charge)

On July 18th, 2006, I was detained in Beijing again.

On March 21st, 2001, a special case group of four accredited by public security bureau at the levels of provinces came to Liaoyuan, the minister of accident department (two of the members belong to provincial Pointsmen Chief Group, who are original handlers of this case) gave us an unwritten response: Drunk driving is peccancy, but peccancy should not take main responsibility to this accident. Because ‘drunk driving’ has no direct relationship with the death of the victim: the team leader of specialist group, the minister of supervision department of public security bureau at the levels of provinces also said: ‘Drunk driving’ is a fact, but ‘speeding’ is not confirmed.

Number of posts : 10 Registration date : 2007-04-19

Having no alternative, I had to go to Beijing to appeal to the higher authorities in May, 2004. However, I was send away under escort to Liaoyuan City and thrown into the detention jail by the order of Secretary of a municipal committee. At that time, the Secretary of a municipal committee led a group of people to hold a Pipa Performance in Beijing. We had a grievance to meet the higher authorities in Beijing, so the letter and visits office in State Council of the People’s Republic of China imposed a fine to Liaoyuan City, secretary of a municipal committee and the mayor. They didn’t take into consideration of the security, procuratorate and justice, while they refined the unjust, framed-up and wrong case. When they came back, they defamed the truth publicly, confused right and wrong, and slandered and distorted the facts. They were afraid of their official career, so they helped one another and helped tyrant to do evil. They ignored the national law openly and suppressed the common people who have a grievance. We, the seven persons, who appealed to the higher authorities for help were detained for fifteen days. After thirty-four day’s detention, I was sentenced to have a labor education for one year. Their reason was disturbing the order of public place, which they trumped up. Their reason was the untruth and so-called riot before the gate of Central Organization Department which was provided by Central Organization Department and our complaining about an alleged injustice before the Chairman Mao’s Mausoleum which was provided by the Public Security Official Branch Office in Tian’anmen area. The secretary collaborated with Central Organization Department and Public Security Official Branch Office in Tian’anmen area, so they made unwarranted accusation. In other words, the true facts were imposed on me and the secretary, Central Organization Department and he Public Security Official Branch Office in Tian’anmen area helped a tyrant to do evil openly. Just like the old saying If you want to condemn somebody, you can always trump up a charge.

On a second thought, my so-called extreme behavior is compelled by them. Because the Ministry of Public Security disobey the law and made the case of injustice firstly, in accordance with the Chinese related stipulation, if I should be punished, only the Security Department in Beijing area had the right to impose a fine, not others.

After the decision for me to have a labor education for one year was made, they did not send me to the Labor Education Department to execute, while during more than twenty days in the detention jail, I received inhuman treatment. I had to get up at three o’clock everyday slept until eight or nine pm., I only could have a rest and in the midnight and went to bed. Except the three meals, I have no time to release, because I had to finish the certain number of toothpicks.

Under the special treatment by the secretary(Zhao Zhen-ql), I shared bedroom with another five persons, however, the bedroom could hold three persons. Every night, after seventeen hours’ working, three persons did not know where they will sleep tonight. Despite the six persons stand, the space is also limited. It is known that, it is the hottest time in a year, so does Northeast China. During more than twenty days, we did not allow to have a breath of fresh air. Although I was working for seventeen hours, I was quiet tied and couldn’t go to sleep in the night. What’s more, the persons around me all had scabies, later, I was infected.

I suffered both the physical and mental torture under the special treatment, in the meantime, my son was in the senior school, (After my wife was dead in 1989, I lived with my son), and my son depended on my support.

During these days, the criminal in my room who was sentenced for eleven years (it was said that he raped his mother), he rebuked me that although I was forty years old, I was so silly … and the reason is that I had a grievance, and nobody could look after my son.

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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.

According to If the superior ministry of public security considers there are some mistakes in the traffic accidents which judged by the ministry of public security at a lower level, but the victim do not apply to re-ascertainment, how can we do? and the superior ministry of public security considers there are some mistakes in the traffic accidents which judged by the ministry of public security at a lower level, how can we do?, The Public Security Bureau of the PRC should correct the wrong decision on re-ascertainment of liability for traffic accident, which is known by everyone and lasted for nearly ten years. The Public Security Bureau of the PRC should not continue to safeguard the mistake made by the subordinate, to ensure a correct understanding of the facts.

Ministry of Public Security:

……Although I do not deny that the peacebreaker should take on total responsibility of this accident, the written reply of Road Traffic Accident Reliability Reconfirming Letter of making the peacebreaker take on total responsibility is still not worked out. It causes that the artificial irregular grievance has not had a just parlance, so that the body of the inculpable victim is still kept in the funeral home, and can not get cremation.

The Public Security Department and the high authority in the Letters and Visitors Department delayed the case which led to the case held up.

On March 13th, 2006, I went to Beijing again, when I was on the way to hand in the The visitor registration form to the General Office of the CPC Central Committee and General Office of the State Council of the PRC to hand in the form of Register form of visitors on day ahead (March 12th, 2006 No. 81), I was arrested by five persons who were dispatched by the director of letters and visitors office from Liaoyuan City. The five persons punched me in order to prevent me from meeting the higher authorities. They put me under house arrest forcedly with result that I couldn’t send the facts to the higher authority.

A case involving human life is to be treated with the utmost care. Our country is ruled by law, why they can be so arrogant?

The secretary of politics and law ministry advised us to withdraw the lawsuit, and said You have sued in the Ministry of Public Security for eight years, and there will be no change in another eight years! Your case is a small piece of cake in Liaoyuan!

The minister of City Bureau for Letters and Calls said: Only the U.N. can solve the problem……

Can they not pay one’s life, who is their backstage supporter?

To sum up, after the case happening, the Public Security Department and the Traffic Police Brigade played tricks, freed the criminal, made the unreal evidence, prevented the lawyer to peruse the paper, hided the truthful facts, broke the division responsibility law, forced the responsibility and imposed a fine to the dead victim, and then they counterfeited the material and changed the nature of the criminal case.

For many years, the local government collaborated with the top authorities of Security, procuratorate and justice helped a tyrant to do evil. They sheltered criminals, the related offices and the persons who were responsible to this case.

I wish the persons who offend against the law become a Buddha the moment they drop their cleaver as soon as possible.

Number of posts : 10 Registration date : 2007-04-19

What else can I expect?

For years of appealing to higher authorities for help and every department made excuses, it was so difficult, pessimistic, disappointed and had no alternative.

In order to safeguard the basic human rights, although I desired to appeal for redress of a wrong for my sister. Time flies, I have spent nearly 10 years to work very hard among the different departments with sheer misery. The local Security, Procuratorate and Justice departments ignored the national law. The powerful top authorities helped tyrant to do evil, which made me too tired to continue living and my child’s studies. I am nearly in the stage of collapsing for several times. My bearing capacity is limited! I have no other alternatives; I request the media and friends all over the world to give me a hand. Give back my rights and justice. Give back the truth Justice to the Chinese Law to awe the local government and the vicious power of the Security, Procuratorate and Justice departments. I do not have the aim to damage the image of our country. Please forgive me.

I have nothing to wish only hope the related department finish the case earlier, and give the victim a fair, reasonable and justice statement. Let the victim have his bones buried.

Meanwhile, I appeal to the international just people who maintain people’s rights and can help me to get justice. Let’s build a harmonious society!

Liaoyuan City, Jilin Province

Brother of Victim: Xia Yuanfeng

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Ⅰ

The following is clearly written in No. 2110153 Road Traffic Accident Reliability Confirming Letter made by Liaoyuan Traffic Accident Handling Group of Pointsmen Detachment on November 30th, 1998:

Confirming Letter of Reliability of Road Traffic Accident

No. 2110153

Time: November 13th, 1998 16:40

Place: Thirty meters before Yindu bathhouse on Kuangdian Street

On November 13th, 1998 16:40, Xu Shaoqi (male, 50-year old), an inhabitant of Sunrise 4th Group, Dengta Village, Xi’an District in Liaoyuan City, drove Southern125B mode motorcycle marking Ji D50813 from north to south along Kuangdian Street. When he drove thirty meters south to Yindu Bathhouse, because of drunk driving and speeding, he crashed with Xia Lianqun (female, 41-year old, a worker of Liaoyuan Coal and Machine Factory), who was crossing the road from the east of the road by a bicycle. Xia Lianqun was hurt on the head and died after void salvage of the hospital on the same day.

According to the investigation on spot, it is confirmed that party Xia Lianqun did not implement traffic rules or pay attention to keep away from passing vehicles, which offended The Regulation of the People’s Republic of China on Road Traffic Administration the 58th item in Rule No. 7 and the 3rd item in Rule No.7, and that behavior was the main cause of the accident. Party Xu Shaoqi’s drunk driving and speeding disobeyed The Regulation of the People’s Republic of China on Road Traffic Administration the 6th item in Rule No.26 and The Regulation of Jilin Province on Road Traffic Administration the 7th item in Rule No.46, which was the subordinate cause of the accident. According to Rule No.19 in The People’s Republic of China for Handling Road Traffic Accidents, it was confirmed that Xia Lianqun took the main responsibility to the accident and Xu Shaoqi took the subordinate responsibility to the accident.

Transactor: Gao Jian, Liu Qiang (with name print)

Liaoyuan Traffic Accident Handling Group of Pointsmen Detachment (with cachet)

November 30th,1998

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The deceased who should not have taken responsibility to the accident was not only imposed the responsibility but also forced to pay 100 RMB as penalty:

Road Traffic Accident Punishment Order

No. 2110153

Time of Proclaimnation: November 30th, 1998

Party: Xia Lianqun

Female, 41-year old on November 13th, 1998

She has a traffic accident thirty meters south to Yindu Bathhouse on Kuangdian Street, who should take the main responsibility. According to Rule No.20 of The People’s Republic of China for Handling Road Traffic Accidents, she is punished for 100 RMB.

Administrative reconsideration petition to the legal department of higher Public Security sub-bureau is permitted within fifteen days if there is any disagreement.

Statutory delegate：Xiao Tongshan (with name print)

Liaoyuan Traffic Accident Handling Group of Pointsmen Detachment. (with cachet)

This copy is for the punished party. （deceased）

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Procuratorate denied the fact on purpose and did not place a case that should be put on record by law:

People’s Procuratorate of Jilin Province Liaoyuan City Longshan District

Notice of Not Placing a Case

(2000) No. 1 of Liaolong Inspection law of Not Series

Xia Yuanfeng sued related people in Liaoyuan Traffic Accident Handling Group of Pointsmen Detachment for Irregularities for Favoritism. According to the censor of procuratorate, no criminal evidence is collected and discovered. We inform you that the case is decided not to be placed according to Rule No. 86 of Criminal Procedure Law of the People’s Republic of China.

People’s Procuratorate of Liaoyuan City Longshan District (with cachet)

July 12th, 2000

Number of posts : 10 Registration date : 2007-04-19

Ⅳ

Contract with Funeral Home

Contract No. 0000893

Time of arrival of body: April 6th, 1999

Sender: Xia Yuanfeng Add: No. 6 Team in 4 Group of Nankang Street, Longshan District. Tel: __ _ Responsibility of Sender: 1, Be charged for keeping body 2, Make compensation of the losses and damages of public properties in the funeral home. 3, The contract works in Liaoyuan. 4, The fee for keeping body should be settled a day before moving out the body. 5, Invoice is not reissued out of regulated period of time. 6 This contract is executed in triplicate. 7 Be Effective with signatures of both parties.

Service department of Funeral Home management:

Driver: Cui Jinghua Monitor: Guan Yunfeng Add: 83 Xiangyang Street Tel: 0437-3512999 Responsibility of Funeral Home: 1, Be responsible for keeping the body. 2, Pick up the body for free. 3, Friendly negotiation is preferred to solve problems if there is any dissension, if it does not work, both sides can lodge a complaint to People’ Court。

Confirming Letter of Reliability of Road Traffic Accident

Road Traffic Accident Punishment Order

Primitive evidence

http://www.freepowerboards.com/xiayuan/xiayuan-about1.html

The following is clearly written in No. 2110153 Road Traffic Accident Reliability Confirming Letter made by Liaoyuan Traffic Accident Handling Group of Pointsmen Detachment on November 30th, 1998:

Confirming Letter of Reliability of Road Traffic Accident

The deceased who should not have taken responsibility to the accident was not only imposed the responsibility but also forced to pay 100 RMB as penalty:

Road Traffic Accident Punishment Order