Volume Three, Wind and Cloud Volume, Chapter 127, Fishing Law Enforcement
.Chapter 127
Before Zhang Yan could be happy, he encountered a troublesome thing, and Sister Yu Lianfang was arrested!
Yu Lianfang went to Shanghai to shop, but when he drove to Zhongshan Road, he met a couple. The girl's belly was quite tall and seemed to be about to give birth. Yu Lianfang kindly helped the young couple to the hospital, but was identified by the Urban Traffic Law Enforcement Brigade as a passenger car, and was detained and fined 10,000 yuan. It turned out that the passerby was the "hook" of the law enforcement brigade, which was specifically seduced.
The "hook" also forced Yu Lianfang's car keys, and seven or eight people in uniform dragged Yu Lianfang out of the car. At that time, Yu Lianfang's first reaction was that he had encountered a robber robber. He wanted to call the police, but the phone was also taken away. When the other party told Zhang that they were from the Urban Traffic Law Enforcement Brigade, Yu Lianfang even had the intention to jump off the building.
When the urban management left, Yu Lianfang felt that this matter could not be forgotten, so he called Zhang Yan and asked Zhang Yan to find a way to settle it!
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"This is fishing law enforcement. Britain and the United States call law enforcement traps. This is a special concept of the British and American legal system. Like self-defense, it is the reason why the parties are not guilty and exempt from liability. From a legal perspective, the parties have no intention of illegally illegally, and only engage in illegal activities under the temptation of law enforcement personnel. Of course, the state should not punish such behavior. If this behavior is used improperly, it will cause crime and induce serious social problems. Fishing law enforcement is an inevitable manifestation of the destruction of morality by political morality.
The "fishing law enforcement" in administrative law enforcement is similar to the "temptation investigation" or "temptation evidence collection" in criminal investigation. Law enforcement agencies in countries around the world also use similar means, such as police acting as addicts to buy drugs from drug dealers. However, "trapping" has strict control requirements. First, the target of the trap is the suspect; second, part of the evidence has been obtained; third, the facts of the trap are not used as evidence of crime. In other words, the trap itself cannot be evidence of illegal crime. It is reported that there is a special concept of law enforcement trap in the British and American legal system. Like self-defense, it is the reason why the parties are exempted from guilt. The civil law system also has strict restrictions on this. Japanese law prohibits law enforcement officers from tempting the parties to have illegal intentions in order to collect evidence, because this is the state's public rights infringement of the personal self-discipline of the parties."
"Lawyer Yang, do you mean that Yu Lianfang is innocent at all, or that he doesn't even have any fault?" Zhang Yan looked at the lawyer opposite him impatiently, the chief lawyer of Zhengrong Group.
“Yeah, the first way we can call it “disclosure”.
It means that the parties themselves have attempted to commit illegal or criminal acts, and have been implemented, but have not yet been revealed.
The second method can be called "seduction". It means that the parties themselves have no illegal or criminal intentions, and the law enforcement department takes action to seduce the parties to produce illegal and criminal intentions.
The third method can be called "framework". There is no doubt that Ms. Yu Lianfang is the third way to encounter a situation! "Lawyer Yang said with professional politeness.
"I know." Zhang Yan didn't seem to have any changes, but he was very angry in his heart! Under the temptation of the interests of the law enforcement economy (such as the amount of rewards for investigation and punishment of drugs, the number of illegal cars and prostitution, gambling, etc., the commission for confiscation, etc.), "fishing law enforcement" is very popular in the fields of administrative law enforcement and criminal investigation.
The problems that happened in front of us are not the most serious. Just as the investigation and punishment of black cars, there have been incidents in Shanghai where black cars drivers kidnapped the so-called "barb" to vent their anger.
In the early years, in Gansu Province, in just one year, some police officers from three different public security organs cooperated with the same drug dealer to create three "drug trafficking cases", resulting in two being sentenced to death in the first instance and one being sentenced to death in the first instance, which is extremely vicious case that makes people feel creepy even in broad daylight.
With extremely dirty interests, some law enforcement departments and law enforcement personnel use all means to lure law-abiding citizens to "illegal" and use the sets as evidence of law-abiding citizens' crimes. This not only undermines the seriousness and justice of the law, destroys the society's belief in the rule of law, but also seriously corrupts the social atmosphere and tear apart the basic harmony and mutual trust among members of society, making social morality worse and worse. People's kindness, sympathy and friendship are forced to wear a lot of self-protection armor, so that those weak people in society will no longer receive people's sympathy and help. At the same time, it is also possible that citizens are in danger and uneasy anytime and anywhere, and even their life safety is not guaranteed!
Driven by the interests of the law enforcement economy,
Law enforcement" is constantly expanding its "law enforcement power" to the society. The commission door openly "recruits" a large number of "hooks" in society, which are the so-called "co-inspectors" and even "people with a sense of justice". They have corrupted the reputation of "justice" and "sense of justice", and have given birth to a large number of parasites that do not engage in productive and creative labor in society, and also put the credibility of law and public power on the risk of collapse.
Individual rights protection may partially recover the fairness of being exiled, but it cannot shake the root cause of "fishing law enforcement" abuse. To eliminate "fishing law enforcement", the death penalty of "law enforcement economy" must be sentenced from the source, and public power agencies must strictly restrict the "employment" of various social personnel in society in various ways. On the one hand, the law stipulates that state civil servants should not be enrolled unless they have examinations, and should not be enrolled unless they have a staffing; on the other hand, any law enforcement agency is supported by taxpayers, and there is no reason to "receive commissions based on performance" like a company.
Such evil deeds can no longer continue!
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A few days later, the Shanghai Municipal Government asked all districts and counties to quickly find out the facts and announce the results in a timely manner for fishing law enforcement incidents. The relevant leaders made it clear that fishing law enforcement cannot be tolerated and required the law enforcement departments of all districts and counties to comprehensively rectify and eliminate such bad phenomena. At present, the public security departments and procuratorates have intervened in this incident.
After several days of investigation, it has been found that there are fishing law enforcement in all districts and counties in Shanghai to varying degrees. In order to create economic indicators for fines, the traffic law enforcement departments of each district and county have adopted various improper means to enforce the law. This seriously damages the image of the law enforcement department and affects the social atmosphere throughout Shanghai. Some law enforcement departments recruit bad people from society to act as bait, lure private car owners into being deceived, and then threaten by violence to take forced means to seize vehicles. This is a serious illegal incident, a robber!!! And huge fines are adopted. If this phenomenon cannot be effectively curbed, it will inevitably lead to social instability and is not conducive to the establishment of a harmonious society.
At present, after preliminary investigation, there are dozens of traffic law enforcement departments in Shanghai, and basically every district or county has more or less fishing. According to the current preliminary verification, there are about 960 hired fishing hooks in Shanghai (that is, those who ride in other people's cars). These people are both men, women, young and old. The oldest is 79 years old and the youngest is 16 years old, and locals account for about 70%.
Now, some districts and counties have clearly stipulated that fishing law enforcement is absolutely not allowed. For events that have occurred, relevant departments of districts and counties are considering the issue of post-compensation. From the latest news currently available, the heads of traffic law enforcement departments in some districts and counties have been suspended for investigation, and they believe that these people may be held legally responsible.
At present, some "fishing hooks" have also fallen into the French Open. As of now, about 70 "fishing hooks" have been controlled by the police. As time goes by, more and more "fishing hooks" will be arrested. The relevant departments hope that the general public will actively report, provide relevant clues, and bring these people to justice as soon as possible. At present, law enforcement departments in many districts and counties have carried out the work of returning detained vehicles and returning fines.
.The final result of Shanghai fishing law enforcement on October 20: Shanghai Pudong New District held a press conference today to announce the "1 incident handling opinions. Jiang Liang, the mayor of Pudong New District, said at the briefing, "1 is indeed using improper evidence collection methods in the incident. The investigation conclusions announced by the Pudong New District Urban Management Administrative Law Enforcement Bureau on the 120th are inconsistent with the facts. The Pudong New District Government made a public apology to the public for this.
It was found that the former Nanhui District Urban Transportation Administrative Law Enforcement Brigade Yu Lianfang did use improper evidence collection methods in the "suspected illegal operation" incident. The People's Government of Pudong New Area will instruct relevant departments to terminate the law enforcement procedures for the case in accordance with the law and do a good job in the aftermath of the parties involved.
Jiang Liang pointed out that the investigation conclusions released by the Urban Management Administrative Law Enforcement Bureau of Pudong New Area on the 120th are inconsistent with the facts and misled the public and public opinion. For this reason, the Pudong New Area government made a public apology to the public. It will initiate the corresponding accountability procedures and hold the direct responsible persons accountable.
Chapter completed!