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The author:(作者)hpmailerpublished in(发表于) 2013/12/5 11:04:12 Activists refer to goods vehicles monthly and annual tickets were years of unspoken rules
According to media reports, on November 14, in the territory of yongcheng, Henan province, a truck driver was stopped by a local transport governance and highways, law enforcement officers. Because law enforcement officials insisted on a fine female owners taking oral pesticides suicide on the spot, was sent to the hospital after rescue. After the incident, local law enforcement officers, said: today is the normal law enforcement, it is not clear whether female owners drank.
The vehicle was out of danger and was discharged on December 1. Government of Shangqiu city, Henan provincial Transport Department, said: already sent people visiting the city always look into the matter. Yong Cheng city has set up a joint investigation team on the ground, and entrusted the eternal city transportation Bureau, the Highway Bureau party deep inspection.
Driver: owner of tilt, drank pesticide
The owner's brother Liu Huaizhou told China Youth daily reporter, the law enforcement officers stopped the car before the penalty, which involved goods vehicles has been fined more than more than 50,000 Yuan last month. Run transport more than half a year, cumulative fined two cars have nearly 200,000 yuan, sometimes fined tens of thousands of dollars at a time. The fine amount is large, sister can't afford to choose suicide.
Guo Wanli when the truck drivers told China Youth daily reporter, November 14, he drove with owner Liu Wenli, and transporting stones. Near the Yong Cheng city, da hamaji, was stopped by a traffic enforcement vehicle overtaking.
According to Guo Wanli memories, first owners had approached law enforcement officials presented the relevant payment credentials, and can try to consult with the go-ahead. However, law enforcement personnel adhere to the impound lot to a fine. During the face-off, law enforcement officials told Guo Wanli, in addition to costs that have been paid, have to pay part of the money.
"Every time we buy ' monthly '' year card ', fine again, and it's kinda sick. Was fined more than more than 50,000 yuan a month before. So after this vehicle has just been withheld, Liu Wenli, consulting with law enforcement personnel, on the one hand we have the ' year ', on the other hand when a fine last month promised next month won't be punished. But that day, agree how to consult each other, is to pull the cart. Liu Wenli is a woman, is certainly under a lot of pressure. Later on, she went by taxi, but we don't know what she was doing, and didn't care. "Guo Wanli said half an hour later, Liu Wenli, armed with a bottle of pesticide returned to the scene. According to Guo Wanli memories, she was very excited to say: "don't let me go, don't let me die here I drank. "Highways, law enforcement officials said," you'll be dead, and I had nothing. "Subsequently, Liu Wenli tilt, drank pesticide.
"When her brother had come to the scene, the two of us would get her into the car. I told law-enforcement officials, how do you what punishment punishment, we will save lives, call an ambulance. Liu Wenli's arms and legs were already twitching, I feel like people dying, must be quickly sent to the hospital. At this time, a law enforcement vehicle to start running. There is a law enforcement officer said: ' she drank the willing to die and I don't, you need to talk to leader. ' Desperation, I hit 120. Afterwards, hospital doctor told us that rescue arrived a little late and miss the best time again, the consequences would be unthinkable. "Guo Wanli said.
He said trucks are involved partial payment, now has to pay around 20,000 dollars a month on the loan. "According to this punishment, we don't make any money. "He said.
Liu Huaizhou told China Youth daily reporter, "after she drank it herself, is not the first time law enforcement personnel rescue, is a driver Guo Wanli dialed the emergency number. At present, the Government paid 30,000 yuan medical fees. ”
Activist: a fine for "revenue" means
It is understood that the easternmost in yongcheng of Henan province are Henan, Shandong, Jiangsu and Anhui Provinces, connecting traffic fortress. Previously had disclosed the local road administration "more than three": law enforcement officers, fines and fine patterns.
According to media reports, the owners of goods prior to payment of over-limit penalty the law enforcement sector, divided into "pass" and "year" in two ways. "Monthly pass" paid to the local highways, law enforcement departments, 3,000 yuan a month; "year" to transport law enforcement Department paid 3,000 dollars a year. Owners had paid the two votes, when the overloaded vehicles are checked on presentation of paid invoices, will be released.
"But this time, no matter what we say, they refused to release. "Guo Wanli said.
In this regard, Liu Huaizhou said the day of the incident, Liu Wenli had not yet paid in November "monthly pass" fee.
In response to these statements, Eternal City Highway Bureau enforcement agency official said "pass" and "year" thing was not aware, has never had a similar provision and behaviour.
However, for this explanation, well-known activist questioned the truck driver Wang Jinwu in Henan province. "The ' pass ', ' year ' as a rule enacted by the law enforcement officials privately have been acquiescence of some local governments, which is present in many years ' unspoken rules '. "He told the China Youth daily reporter.
Since 2005, Wang Jinwu administrative reconsideration, complaint, posted online and other ways to help truckers activist, complained to the provinces, and a total review of more than 2000 employees. In his view, the "pass" and "year" phenomenon is actually lazy practices by law enforcement. "The driver once paid a fine, you can overload to pass a month or a year, it is for overloading of acquiescence. Buy ' monthly '' year card ', will only aggravate overload condition, because the fine has been paid, goods will suffer less. ”
According to him, in some places, rated 55 tonnes of goods, generally more than 100 tons of cargo. "Pass" and "year" seems to have become overloaded goods vehicles pass. "The law enforcement departments should aim to correct, put an end to violations. But after law enforcement agencies to collect money, but condoning violations. Overload fines has been corrected to stop illegal activities, elimination of road safety problems, become a means of income generation by law enforcement. "Wang Jinwu said.
"If the superiors to check, law enforcement agencies would not even have told the driver, ' notes, please don't take it out '. Drivers across the country every day to me now, ' pass ', ' year '. The driver told me that local sand car overload, got fined 20,000 yuan for one time. If your initiative to pay 20,000 dollars per month, and this month won't find you. Although the amount is large, but many drivers will choose to take the initiative to pay a fine. Similar situations are common. "Wang Jinwu said.
According to Wang Jinwu of many years ' experience, he believed that in recent years the "revenue-generating fines" not only has not disappeared, but spawned many new tricks. For example, some local law enforcement agencies are no longer conducted the "monthly pass", "year", but through an intermediary before charging over-limit penalty.
"Like every day, I have to run fixed-line, will give the money to the way law enforcement through intermediaries. This is not receiving the credentials, concealed higher law enforcement officers without direct charge. Some fine early local law enforcement personnel, vehicles marked. Future law enforcement officers see tagged vehicle release. There was overload should be fined 1000 Yuan, enforcement actions will be punished as part owners will overload after no one anymore. "He said.
Expert: overload team too big
It is understood that as early as in 2006, the State Council has issued a circular on strengthening vehicle overload control (hereinafter referred to as the notice).
Notification under clear requires: around the about sector to on focus regulatory models and focus area, gradually increased uninstall and punishment intensity, on super limited overload vehicles driver strictly introduced buckle points system, curb super limited overload vehicles road driving; on existing "big tons small marked" vehicles corrections transition period yihou new production of "big tons small marked" vehicles and the other not meet national standards of vehicles, are according to illegal vehicles processing.
However, Wang Jinwu feeling is, up to now, many of the ills in this area have not been eradicated. Oversize fine even from "penalized escrow" fined simply for the purpose of road while the root causes of is grass-roots law enforcement personnel seriously go beyond the number needed.
"The root problem is overload team itself is too big. Some overload at the county level teams is greater than 100. However, according to the Ministry of provisions, an overload staffing only 45 people. Supernumerary requires fine rebates to support, so only many fine, out of the wages, benefits can be good. "He said.
Wang Jinwu believes that in many places by a fine team, has become a vicious circle. "Highways, law enforcement administration, funded by the Government. But if local authorities are not appropriations or allocations are insufficient, and even to allow law enforcement agencies to address funding, through fines to increase government revenue will inevitably contribute to fine revenue-generating winds of. "He said.
Earlier media yongcheng highways, law enforcement personnel verified survey. In this regard, the Eternal City Highway Bureau Director of the Legislative Affairs Office Cao Xuejun said the highways law enforcement personnel including mobile overload a total of 40 people and there is no temp, all regular workers in the establishment. Yong Cheng City Highway Bureau of highways, brigade Captain Gao Yongfu said that 70 people along the Government, now is 42, the absence of overstaffing.
However, a person familiar with, or at least the above figures, the number of local highways group more than twice times. Is not within the preparation of personnel, it is up to a fine to feed. Dependent supernumerary is funded entirely from penalty, fined 100 Yuan, 70 Yuan returned to law enforcement officers.
Wang Jinwu believes that such a phenomenon exists in the national grass-roots as much traffic law enforcement. "Last year, the Western Province Bureau of communications of a normal strength of 10 people, but the actual number was more than a dozen times. This means that extra officers have to rely on a fine offering. ”
In his view, the eradication of "revenue-generating fines" should be "preparation to reduce overload team" and "given enough funding to support" two-pronged approach. "In addition, a fine return mechanism has also stimulated law enforcement fines. This means that law enforcement personnel more than a heavier penalty income generation, so you must change this mechanism. "He said.
Clean Government Research Center director Li Chengyan of Peking University believed that owners of yongcheng, Henan province was fined suicide, exposing the lack of supervision under the huge shadow of power. "The penalty enforcement revenue has become the important breakthrough. According to the plenary session ' reform the Government extensive powers ' statement, the issue should be raised sharply to. Cut down the space of arbitrary fines, you must increase the cost of local government law, legal acts to regulate law enforcement itself. ”
School of Government, said Yan Jirong, a professor at Peking University: "a fine roughly three according to purpose: the first is to punish the escrow, as a management tool a fine; the second is a fine economy, mainly fiscal problems, to strengthen law enforcement against subsidies financial fine; the third is fine dependant, set a post specially fine support law enforcement officers, this is the worst. ”
Yan Jirong believes that, over the years, our country has been through the development of management to control the number of teams, control Government expansion, although some local governments have gradually found their own responses.
"Such as setting up a non-permanent staff. Supernumerary free outside financial, even though strictly controlled budget, it is difficult to effectively combat it. "He said," I think there should be a thorough inventory of basic law enforcement personnel's malicious acts go beyond the number needed, and published reports, and accept the supervision of the public and the media, once verified strictly punished. In addition, it should also clear the enforcement mandate, penalties and other enforcement actions should be strictly limited. ”
(Original title: "the revenue-generating fines" where does money go)
据媒体报道，11月14日，在河南永城境内，一名货车司机被当地运政和路政执法人员拦下。由于执法人员坚持罚款，女车主当场服农药自杀，后被送至医院抢救。事发后，当地执法人员称：当天是正常执法，不清楚女车主是否喝药。
该车主后来脱离生命危险，并于12月1日出院。河南省交通厅、商丘市政府表示：已派人前往永城调查此事。永城市当地已成立联合调查组，并责成永城市交通局党委、公路局党组作出深刻检查。
司机：车主情绪失控，喝下了农药
该车主的哥哥刘怀洲告诉中国青年报记者，此次执法人员拦车罚款之前，这辆涉事货车已在上月被罚了5万多元。跑运输半年多，两辆车累计被罚款已近20万元，有时一次便罚几万元。这次因为罚款金额较大，妹妹承受不了而选择服毒自杀。
事发时该货车司机郭万里告诉中国青年报记者，11月14日17时许，他开车和车主刘温丽一起运输石料。在永城市沱滨路附近，被一辆交通执法车超车拦下。
据郭万里回忆，起初车主曾向执法人员出示了相关缴费凭据，并尝试与之商量能否放行。然而，执法人员坚持扣车罚款。双方对峙过程中，执法人员告诉郭万里，除了已经缴纳过的费用，还要再交一部分钱。
“我们每次都买‘月票’‘年票’，再罚的话，真的有点受不了了。之前一个月就被罚了5万多元。所以这次车刚被扣下后，刘温丽就和执法人员商量，一方面我们有‘年票’，另一方面上个月罚款时也承诺我们，下月不会再罚了。但那天，怎么商量对方都不同意，就是要扣车。刘温丽一个女的，肯定是心理压力很大的。后来，她就坐出租车走了，但我们都不知道她干什么去了，也没在意。”郭万里说，半个小时后，刘温丽手持一瓶农药回到现场。据郭万里回忆，她当时很激动地说：“让不让我走，不让我走我就喝药死在这里。”路政执法人员说：“你死就死，和我没关系。”随后，刘温丽情绪失控，喝下了农药。
“当时她哥哥已经到了现场，我们两人就把她抬到车上。我告诉执法人员，你们该怎么处罚就怎么处罚，咱们先救人，叫救护车。当时刘温丽的手脚已经在抽搐了，我感觉人快不行了，必须得赶紧送医院。这时，一辆执法车就开跑了。还有一个执法人员说：‘她喝药愿意死和我没关系，你们有事找领导。’无奈之下，我就打了120。事后，医院大夫告诉我们，再晚来一会儿就要错过最佳抢救时机了，后果不堪设想。”郭万里说。
他表示，涉事货车是分期付款购买的，现在一个月还要支付约两万元的贷款。“要按现在这么罚，我们基本挣不到什么钱。”他说。
刘怀洲告诉中国青年报记者，“她喝药自杀之后，执法人员没有第一时间救人，是司机郭万里拨打的急救电话。目前，政府方面支付了3万元医药费。”
维权人士：罚款为“创收”手段
据了解，永城位于河南省最东部，是连接河南、山东、江苏、安徽四省的交通要塞。此前就曾有媒体披露当地路政管理存在“三多”：执法人员多、罚款金额多和罚款花样多。
据媒体报道，货车车主事先向执法部门缴纳的超限罚款，分为“月票”和“年票”两种。“月票”向当地路政执法部门缴纳，每月3000元；“年票”向运政执法部门缴纳，每年3000元。车主缴纳了这两种票，车辆超载被查时只要出示缴纳单据，就会被放行。
“但这次，无论我们怎么说，他们都不肯放行。”郭万里说。
对此，刘怀洲表示，事发当天，刘温丽尚未缴纳11月的“月票”费用。
针对上述说法，永城市公路局执法大队相关负责人称：对“月票”和“年票”的事并不知情，也从未有过类似规定和行为。
不过，对于这一解释，河南省知名维权货车司机王金伍表示质疑。“‘月票’、‘年票’作为执法人员私下制定的规矩，已经被一些地方政府默许，是存在多年的‘潜规则’。”他告诉中国青年报记者。
2005年至今，王金伍以行政复议、投诉、网上发帖等方式，帮大货车司机维权，共向多个省市投诉、复议2000余起。他认为，“月票”和“年票”现象实际上是执法部门的懒政行为。“司机一次性缴齐罚款，就可以超载通行一个月或一年，这是对超载行为的默许。购买‘月票’‘年票’，只会加剧超载情况，因为罚款已经缴了，货拉少了就吃亏。”
据他介绍，在一些地方，额定载货量55吨的货车，一般要拉100多吨货。“月票”和“年票”俨然成为超载货车的通行证。“执法部门的工作目的应是纠正、制止违法行为。但执法部门收钱后，反而是在纵容违法行为。超限罚款已从纠正制止违法行为、消除道路安全隐患，沦为执法部门的创收手段。”王金伍说。
“如果上级来检查，执法部门甚至会预先告诉司机，‘票据就别拿出来了’。现在每天都会有全国各地的司机向我反映‘月票’、‘年票’的现象。有位司机告诉我，当地拉沙石的车超载，逮着一次罚两万元。如果你每月主动缴两万块钱，这个月就不会查你了。虽然金额很大，但很多司机还是会选择主动缴罚款。类似的情况非常普遍。”王金伍说。
根据王金伍多年的维权经历，他认为近几年“创收性罚款”不仅并未消失，反而衍生出诸多新花样。比如，有些地方的执法部门不再办理“月票”、“年票”，而是通过中间人提前收取超限罚款。
“比如我每天都要跑固定线路，就会通过中间人把钱给这条路上的执法者。这种做法没有收款凭据，隐蔽性更高，执法人员不用直接收钱。有的地方则是执法人员提前罚款后，给车辆做上标记。今后执法人员看到带标记的车辆就予以放行。还有种做法是本来超载行驶应罚1000元，执法人员会多罚一部分，以后车主再超载也不会有人管了。”他说。
专家：治超队伍过于庞大
据了解，早在2006年，国务院办公厅便曾下发《关于加强车辆超限超载治理工作的通知》（以下简称《通知》）。
《通知》明确要求：各地各有关部门要对重点监管车型和重点地区，逐步加大卸载和处罚力度，对超限超载车辆驾驶员严格实行扣分制度，遏制超限超载车辆上路行驶；对现有“大吨小标”车辆更正过渡期以后新生产的“大吨小标”车辆及其他不符合国家标准的车辆，一律按照违法车辆处理。
然而，王金伍的感受是，直至目前，这一领域的诸多顽疾并未得到根除。超限罚款甚至从“以罚代管”沦为单纯以罚款为目的，而根本原因则是基层道路执法部门人员的严重超编。
“根源性问题就是治超队伍本身过于庞大。有些县级治超队伍大于100人。然而根据交通部规定，一个治超站的人员编制只有45人。超编人员都需要罚款返款来供养，因此只有多罚款，才能开出工资，单位福利待遇才能好。”他说。
王金伍认为，在很多地方靠罚款养队伍，已经形成了恶性循环。“路政执法作为管理部门，经费本应由政府承担。但如当地政府部门不拨款或拨款不足，甚至还要让执法部门通过罚款来解决经费、增加政府收入，必然会助长罚款创收之风。”他说。
此前曾有媒体对永城路政执法人员数量进行了核实调查。对此，永城市公路局法制办主任曹学军表示，路政执法人员包括流动治超人员共40人，且没有临时工，全是编制内正式工。永城市公路局路政大队大队长高永福则表示，按照政府编文是70人，目前是42人，不存在人员超编。
然而，一位知情人士披露，当地路政大队的人数至少是上述数字的两倍多。不在编制内的人员，就要靠罚款来供养。供养超编人员的经费全部来自罚款，即罚100元，返给执法人员70元。
王金伍认为，这样的现象存在于全国多地的基层交通执法部门。“去年，西部某省的一个交通局的正常编制是10人，但实际人数是十几倍之多。这意味着，多出来的人员都要靠罚款供养。”
他认为，根除“创收性罚款”，应从“按编制缩减治超队伍”和“给予足够的经费支持”两方面入手。“另外，罚款返还机制也刺激了执法部门乱罚款。这意味着，执法人员多罚多创收，所以必须改变这种机制。”他说。
北京大学廉政建设研究中心主任李成言认为，河南永城车主不堪罚款服毒自杀，暴露出权力缺乏监督之下的巨大阴影。“罚款成了执法部门财政收入的重要突破口。根据三中全会提出‘改革政府延伸性权力’的表述，这个问题应该被尖锐地提出来。砍掉乱收费乱罚款的空间，必须加大地方政府违法的成本，用法律来规范执法行为本身。”
北京大学政府管理学院教授燕继荣表示：“罚款按目的区分大致为三种：第一种是以罚代管，把罚款作为管理手段；第二种是罚款经济，主要是财政上存在问题，要加大执法力度靠罚款补贴财政；第三种是靠罚款养人，设置岗位专门罚款供养执法人员，这是最恶劣的。”
燕继荣认为，多年来，我国一直通过编制管理来控制队伍数量，控制政府机构膨胀，但一些地方政府也逐渐找到了各自的应对办法。
“比如设置非在编人员。超编人员游离于财政之外，即使严格控制财政预算，也难以有效打击。”他说，“我认为应该彻底清查基层执法部门人员的恶意超编行为，并对外公布举报渠道，接受民众和媒体监督，一旦查实就严格惩处。此外，还应明确各部门的执法权限，对罚款等执法行为应当严格限制。”
（原标题：“创收性罚款”的钱流向哪里）
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