[CCTV Review] Where does the real-name report of car violations come from？ Is it reasonable and legal？

　　CCTV News:Outside a hospital, vehicles are parked on both sides of the road, and there is only one lane in the middle of the road that is not wide. Near a school, vehicles waiting for children occupy two lanes in the same direction, and other vehicles can only bypass them to drive normally … …

△ Wuhan City’s vehicle illegal parking in August. The picture is from Ping An Wuhan

　　I believe many people have experienced similar scenes. In order to manage illegal parking, many cities have carried out special rectification of illegal parking of motor vehicles. The Wuhan Traffic Management Bureau recently released,From now until December 31st, there will be a reward for reporting illegal parking on roads in the central city of the city, with a maximum reward of 5,000 yuan.

　　Award criteria:

　　According to the circular, the traffic control department will conduct monthly statistical ranking on the number of effective illegal parking reports to the public, and give classified rewards to the top 150.

　　Number of top 10 and effective reportsMore than 600Per person5,000 yuanReward

　　Number of effective reports ranked 11th to 50th.More than 400Per person2000 yuanReward

　　Number of effective reports ranked from 51 to 150Over 200 casesPer person1000 yuanGive a reward.

　　Informants need real-name authentication.

　　Informants need real-name authentication, and the photos provided (three photos that meet the requirements)., should be able to clearly display the illegal vehicle type, license plate number, appearance characteristics, illegal behavior, illegal location, illegal time and other effective information.For the same illegal act reported by many people, the first whistleblower will be rewarded according to the time sequence of reporting registration.

　　Not only Wuhan, but also some cities have launched a reward report on traffic violations before.　

　　Shenzhen:

　　Shenzhen traffic police issued a report bonus of 1.36 million yuan in two years.

　　In December 2013, the Shenzhen Traffic Police officially launched a prize-winning report on road traffic violations in the city. As of December 2015,A total of 35,630 reports of various traffic violations were received, and bonuses of 1.36 million yuan were issued.　

　　General violations are included in the scope of reward reporting.

　　Shenzhen traffic police recently said that they decided to include general illegal acts in the scope of reward reporting.100 yuan will be rewarded for reporting traffic accidents or traffic jams caused by illegal parking.

　　Hangzhou

　　The highest reward 100 yuan does not include violations.

　　In March 2016, Hangzhou Traffic Police launched a reward mechanism for reporting key traffic violations and clues. Mainly aimed at 18 kinds of dynamic and hidden traffic violations in three categories, The highest reward is 100 yuan.. It should be noted that the scope of the trial reward report is the road within the main urban area of Hangzhou. At the same time,18 kinds of illegal acts do not include violations.

△ Hangzhou tries to report traffic violations with prizes. Citizens can be electronic policemen themselves.

　　How effective is the "reward report"?

　　Wuhan: Only 40 of the 1,800 photos and video traffic violation reports passed the preliminary examination.

　　Since August 15th, Wuhan has reported four types of traffic violations with prizes. By the beginning of September,The citizens submitted 1839 pictures and videos reflecting four types of traffic violations. After preliminary examination, only 40 reports were "qualified".Most of them lack the elements needed for punishment.

　　Will the reward for reporting traffic violations make the chaos of illegal parking better? Is it a perfect solution to report illegal parking with real name? Where does the reward for reporting come from? Is it reasonable and legal? Is there any legal risk?

Cctv review

　　For a long time, illegal parking is a difficult problem in the management of many cities in China. According to official data, the number of private cars in China reached 86.5 million in 2012.There are 20 cars per 100 families.It has become an "automobile society" in the sense of international standards. However, the rapid growth of private cars has also brought serious congestion, disorderly parking and other quite headache problems. If we want to solve the problem, we really need to "enlarge the trick".

　　There can be prizes for reporting, so you should use them with caution.

　　In daily management, the traffic police departments in many cities are faced with the problem of insufficient manpower.Wuhan adopts the method of mobilizing the masses, so that every citizen can become a supervisor of civilized parking and a whistleblower of illegal parking, which can not only assist the police in law enforcement, but also give play to the spirit of urban ownership of the general public. In fact, some violations also hinder the normal life of many citizens, and it is reasonable to report them.

　　From this perspective, reporting traffic violations is conducive to people’s participation in law enforcement. There can be, butOnce the report is involved with the "prize", it will increase the utilitarian color and easily lead to new problems.. Reward reporting is a double-edged sword and should be used with caution.

　　First of all, according to the rules of Wuhan, the traffic control department will give classified rewards to the top 150 people who report illegal parking with real names, whichWhether the implementation will lead to a large number of people complaining and reporting in the first few days of each month, and the rest of the time will make the public lack the motivation to report.

　　In addition, members of the public are encouraged to report crimes in order to assist law enforcement. However, in the process of reporting, each whistleblower also needs to provide corresponding photos and evidence.For such reporting materials, it is also necessary to arrange manpower for verification and verification, so that the punishment is justified.This also brings new manpower demand and work pressure. Whether the cost of law enforcement has dropped is unknown.

　　More importantly, rewarding citizens for reporting will inevitably breed "reporting professionals".If the reward report is abused, the whistleblower will bet all his money on the prize, and the result may lead to the prevalence of "fishing".There have been cases where a professional photographer deliberately violated the rules, and on the difference between reporting bonuses and simple violations, he started an illegal farce of "one willing to fight and one willing to suffer" to deceive the traffic control department.This kind of behavior undermines the due process of law enforcement and distorts the original intention of law enforcement. In addition, the problems brought by professional counterfeiting are also a lesson from the past.

　　Encourage the reporting of traffic violations and prevent legal risks.

　　The law cannot be done without authorization. In a modern society ruled by law, any force participating in social governance must take legitimacy as the basic premise.According to Article 47 of the Procedures for Handling Administrative Cases by Public Security Organs: "Public security organs shall promptly accept cases of reporting, accusing, reporting, being turned over by the masses or surrendering illegal suspects, and cases transferred by other administrative departments and judicial organs … …” .Informants subjectively report illegal acts and objectively provide the illegal information to law enforcement agencies. If it is not used for other purposes and is not disseminated in public media,Even if the reported person is punished by law enforcement agencies for the relevant reporting clues, it does not constitute infringement in the sense of civil law.

　　But in reality, the introduction of every policy will have certain risks. In the process of reporting traffic violations, people face some legal risks.For example, will it cause information leakage (there are countless problems of personal information leakage now), will there be informants using mobile phones to shoot evidence while driving, or will they be in danger when shooting evidence, and so on.This requires law enforcement agencies to design in advance when formulating policies.

△ data map

　　Bonus distribution should be open, objective and fair.

　　Once the issue of bonus payment is involved, utilitarian chips are added. Where does the money to reward the people come from? How to distribute it?For example, who was rewarded for reporting what kind of violations? All these should be done.Information is open, objective and fair, and black-box operation is prevented.Moreover, in this process, how to protect the information of the whistleblower and how to effectively protect the whistleblower’s information while making it public need to be carefully arranged.Practically there are laws to follow and rules to follow.

　　In addition, what is the effect of the reward-reporting measures? The masses took a lot of photos to report traffic violations, but what was the adoption rate? Can it effectively alleviate road traffic problems? These problems are worth thinking about.If, after the report, the violation of the regulations does not improve, but the resulting fines increase, this may cause the public to question the real purpose of this move.After all, there is basically no public account of where a large number of traffic violation fines go every year.

　　Traffic management is a big project, which also includes the management of static traffic. It is of course necessary to punish illegal parking effectively, but at the same time, it should be effectively diverted. How to make a better plan, how to increase the effective supply of parking spaces, and whether the use efficiency of parking spaces can be gradually improved are all related to the effect of our control of parking and misplacing.Reward reporting is not a normal law enforcement, and a society ruled by law needs normal law enforcement. It is expected that a series of combination boxing will be introduced, supplemented by rigid punishment and law enforcement, and the phenomenon of parking will finally be effectively controlled.

　　Wen Yi, a special contributor to CCTV commentary, Lin Zhi.

　　Yue Shenshan, an expert on legal issues