The law enforcement method of "putting down the hook to catch the black car" has caused widespread controversy. A bad thing happened to Mr. Wang, the owner of a private car. On September 8, 2009, when he was driving, a man asked for a ride, but he refused, but the man begged that he could not wait for a taxi because of his stomachache. So Zhang Xinyi agreed, and the man in the car gave him ten dollars and saidno. When Zhang stopped at his request, the man quickly took out the car keys, and seven or eight uniformed people outside the car dragged Zhang out of the car. It turns out that this is the Minhang District Urban Traffic Administrative Law Enforcement Brigade investigating "black cars". Mr. Zhang was fined 1 000 yuan for "illegal rental business" and was treated as "twisting his arm and sticking his neck".
Mr. Zhang thinks that he has been "fished by law enforcement", but relevant officials deny this statement, saying that there are "some social people with a sense of justice" and "cooperate with law enforcement".
The "black car" disturbs the normal operation order, and it is difficult to punish because the evidence is difficult to fix. Generally, law enforcement officers play the role of passengers and record evidence with electronic equipment. After the transaction, "people were stolen and stolen." This is the so-called "temptation investigation", or "temptation to collect evidence". My occasional compassion actually led to "unexpected troubles" and caused netizens to post.
Law enforcement fishing-introduction
Law enforcement fishing, known as fishing law enforcement in Britain and the United States, is a special concept in the common law system, which, like self-defense, is the reason for the parties' innocence and exemption. From a legal point of view, the parties concerned have no intention of breaking the law, but were lured by law enforcement officers to engage in illegal activities. Of course, the state should not punish such behavior.
Law enforcement agencies around the world also use similar methods, such as the police playing addicts to buy drugs from drug dealers. However, it is also controversial-the purpose of "temptation to obtain evidence" is to obtain illegal evidence of those who have illegal intentions and behaviors, rather than luring and instigating those who have no illegal intentions to break the law; Otherwise, it will violate the original intention of law enforcement justice and become a "law enforcement fishing", "putting down the hook" or a law enforcement trap.
Law Enforcement Fishing-Example
For example, a plainclothes policeman said to a woman: I'll give you 100 dollars to spend the night with me. She disagreed; The police raised to 500 yuan, but she still disagreed; The police raised the price to 1000 dollars again, and she reluctantly agreed. This is the law enforcement trap-women's intention to engage in prostitution is induced by the high money of the police. Civil law countries also have strict restrictions on this. Japanese law prohibits law enforcers from luring the parties with illegal intentions in order to obtain evidence, because this is an infringement of the personal self-discipline of the parties by state public rights.
Law enforcement fishing-harm
The decision of administrative punishment shows that the party concerned "operates illegally". Judging from the experience of countries ruled by law, we should strictly limit the temptation to obtain evidence. It must not be operated by so-called "investigators" or even "social people with a sense of justice", because they often have interests in law enforcement and often "seduce" the parties. This kind of "law enforcement fishing" has torn the simple feelings among members of society and corrupted public morality. Passers-by who are really sick in labor may never get help again.
It may even lead to serious conflicts. For example, in March last year, a "black car" driver in Fengxian District, Shanghai was taken into the "law enforcement ambush zone" by a so-called "female investigator" and stabbed the "female investigator" in the car with a knife in front of law enforcement officers. In the past, there were incidents in Shanghai where black car drivers kidnapped so-called "barbs" to vent their anger.
There is a so-called "proportionality principle" in modern administrative rule of law, that is, administrative means should match administrative purposes. Although "illegal operation" is harmful, its harm is far more serious than violent crime. Therefore, we can't use radical "law enforcement fishing" means to confront. This method not only has many uncertain risks, but also undermines the trust and mutual assistance among members of society, which is really harmful.
Administrative law enforcement needs not only factual justice but also procedural justice. Only by stepping up the legislation of administrative procedures and firmly limiting the power of administrative law enforcement in the cage of procedural justice can "fishing law enforcement" really withdraw from the historical stage.
Law enforcement fishing-regulations
The Regulations on Administrative Procedures of Hunan Province, which came into effect on June 65438+1 October1,2008, has special provisions on this. Article 66 of this groundbreaking local law stipulates that when an administrative organ conducts an investigation, there shall be no fewer than two law enforcement officers, and the administrative law enforcement certificates shall be presented to the parties concerned or relevant personnel and recorded in the investigation record. If the law enforcement officers of the administrative organs do not produce their administrative law enforcement certificates, the parties concerned or relevant personnel have the right to refuse to accept the investigation and provide evidence; Article 70 also stipulates that evidence materials "obtained by inducement, fraud, coercion, violence and other improper means" shall not be used as the basis for administrative law enforcement decisions. If the above provisions are applied to the "fishing law enforcement" incident in Shanghai, its administrative punishment is obviously not established.
Law Enforcement Fishing —— Responding to the Media: "fishing law enforcement" is knocking down the platform of moral civilization.
In the TV interview, the captain of Minhang District Traffic Administrative Law Enforcement Brigade always answered the reporter's question with "unable to speak", and did not dare to think about what kind of storm the butterfly effect of this matter would eventually diverge into. But there is no doubt that this kind of "fishing law enforcement" is not only hurting a kind heart, I am afraid that thousands of goodwill flames have been doused in the spread of the Internet. In the past, we always said that reinforced concrete buildings blocked the communication between neighbors, and people lost the good feelings of "neighbors". Now, we have another armor-with the help of "fishing law enforcement", the car made of steel completely blocks us from the warm stories that may happen outside the car and meet strangers-and we will only live more and more lonely and selfish!
Transportation management department: praised "fishing" as a "new trick"
The media and the Internet have severely criticized fishing law enforcement, the transportation management department of Minhang District. The object of criticism is the Minhang District Traffic Administrative Law Enforcement Brigade, which is "sloppy and straightforward". Yesterday, the brigade also published a summary manuscript with praise in official website, Minhang District, Shanghai: "New Measures for District Traffic Administrative Law Enforcement Brigade to Rectify Illegal Operation". The article said that the brigade actively responded to the problem of obtaining evidence and came up with a new law enforcement measure of step-by-step evidence investigation, and investigated first.
This commendation is regarded by netizens who love songs as a positive explanation for the official law enforcement of fishing protection.
Netizen: designing car stickers refused to "barb"
Some netizens joked that "barb" ranks first in the weapon spectrum, and many posts can see the thread of "Minhang barb is the best in the world".
Many netizens posted their car stickers on the forum in Aika, which read slogans such as "refuse to learn from Lei Feng, beware of barbs" and "prevent barbs, just drive and don't open the door".
Many netizens suggested that law enforcement officers should be searched for human flesh to see if they could find "Zhou Jiugeng", especially Wan, director of the management department of Minhang Foreign Relations Committee, who once called Babu a "social person with a sense of justice", became the target of public criticism.
In fact, some netizens told him Wan's address long ago, but he didn't publish it online. He doesn't want to get back at a particular person. What he wants is to file a class action lawsuit against this kind of fishing law enforcement.
Zhang Jun contacted several private car owners who had the same experience to prepare a class action lawsuit. The purpose is very simple, asking the law enforcement brigade to apologize to all Shanghai citizens for putting down the hook.
Law enforcement fishing-Comments on the relevant departments may still be complacent about the "fishing law enforcement" they "invented" and have repeatedly caught "big fish". As we all know, in the face of this controversial law enforcement method, the kindness and justice of society are shivering and ready to quit.
For the time being, it is considered that the "fishing law enforcement" of the traffic control department is for the good purpose, but even so, the evil of the process cannot be allowed because of the good purpose. The traffic control department claimed that the purpose of this move was to find out that the black car was soliciting passengers, but when those law enforcement officers who were used as "bait" asked to take a private car, some people refused, which was enough to show that they did not rely on operating black cars for profit, but why did the law enforcement officers "beg" in every way and always wanted to lead the private car owners to their hooks?
However, some law enforcement officers even forced money into the hands of private car owners, and then called out the law enforcement officers hiding in the dark to pay a fine. Alas, in the face of such law enforcement, it is no wonder that some netizens call this "fishing", which is simply a fraud and robbery, and it is simply for the sake of fines. When a law enforcement method is proved only to get more fines, it is enough to show that this law enforcement method has been seriously alienated and deteriorated, and it must be improved, modified or even completely abolished.
It seems that the biggest victim of "fishing law enforcement" is the calculated private car owner, but the biggest loser is the kindness and justice of society. Under the influence of this law enforcement method, people can no longer trust each other, but only doubt and guard against it. What a helpless and depressing social atmosphere it will be.