the plaintiff attorney
in the afternoon of December 30th, the first case of the national special vehicle was declared in the Ji'nan intermediate people's court, the result of the decision As a result, the administrative penalty is cancelled according to law.
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four postponement of postponement of the first case in January 7, 2015, the first case of national special vehicle fell to the curtain of
in January 7, 2015, Ji'nan private car driver, because of the use of dripping special car software, was identified as illegal operation by law enforcement personnel and fined twenty thousand yuan. 50 days later, Chen Chao was not punished for the punishment, to the court to bring an administrative lawsuit, the decision to cancel the administrative penalty, the Ji'nan passenger management center of the ticket was prosecuted by Chen Chao to the people's court in the city of Ji'nan. In March 18th, the people's Court of the Central District of Ji'nan city formally accepted the case of the first case of administrative punishment for the provision of special vehicle services in the country. Thus, the first case of "special car" was born in Ji'nan.
has been spanning nearly two years since January 7, 2015, and the four delay of the sentencing result of the first case of special vehicle has been pending. Until today, in December 30th of 2016, the final result of the "national special vehicle case" was finally settled.
"national car first case" time axis
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in December 1, 2014, Ji'nan citizen Chen Chaogang bought a new car for more than four months. He attached his private car to a local car rental company in Ji'nan, and applied for a special car company to examine and approve a special car platform. Car driver.
in January 7, 2015, Chen Chao pulled two passengers from Ji'nan August 1 to the west station. When he arrived at the station, he was questioned by the law enforcement officers of the center. Subsequently, the law enforcement officers believed that Chen Chao illegally operated and seized the vehicle. That day was also the second day for Ji'nan to crack down on black cars. In January 6th, the Ji'nan passenger management center announced that all special vehicles would be investigated according to the black car. Once verified, they will be fined 5000 yuan to 30 thousand yuan. In January 7th, Chen Chao and three other special car drivers were investigated in the draught. They were identified as illegal operations, fined twenty thousand.
Chen Chao said that he only drove a special car for more than a month. During the period, he received a total of more than 100 orders, with an income of more than 3000 yuan.
in January 9th, the Ministry of communications made it clear that the rented vehicles supporting lawful compliance should serve as special vehicles to prohibit private cars from accessing special vehicle platforms. The Ministry of transport encourages the innovation of special vehicles, and affirms the Quartet agreement - the car rental company provides vehicles, labor dispatch companies to hire owners, software platforms to provide technology, and drivers, together to form the "four sides". This is seen as a shortcut for software companies to circumvent the illegal operation of the legal issues. At that time, the statement made by the Ministry of transport was regarded as "great news" by didi company.
in February 11, 2015, three other car drivers who had been investigated and punished were punished, and Chen Chao chose to apply for a hearing, held in the Ji'nan management center, and a few days later, he received a formal punishment decision. The "public hearing" of the notice was turned into an "internal hearing" on the scene. Only Chen Chao and his attorneys were allowed to participate. There were no media journalists, representatives of the masses and no members of the people's Congress and members of the Political Consultative Conference. On the third day after the hearing, on February 13th, Chen Chao received a written decision on administrative penalty. Since then, Chen Chao will pay a fine and take the car away.
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in March 18, 2015, the court of Ji'nan City Central District formally accepted "the case of the administrative penalty of Chen Chao's defendant in Ji'nan city public passenger management service center". Chen Chao said he only represented a person to sue, not a dripping car.
before, March 12th, the national two meetings, the former Minister of transportation Yang Chuantang said in an interview with a reporter, "special car" has space for development, but can not be controlled. As for whether private cars can enter the operation of special cars, Yang Chuantang said: "never allow."
reporters found that more than ten cities throughout the country have hit special vehicles, including Beijing, Shanghai, Guangzhou, Shenyang, Hangzhou and other more than ten cities to standardize "special car" service. Most cities emphasize the principle that private cars are not allowed to operate illegally.
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April 15, 2015, the trial of
focuses on the following four aspects: whether the Ji'nan passenger transport management center has the qualification of administrative penalty and the right of administrative punishment? Are there enough facts in the decision of administrative penalty? Is the penalty procedure and evidence of the customer management center legal? And is the applicable law correct?
during the trial, the court broadcast the live enforcement video taken in January 7th, which is the first time that the video has been disclosed. Video shows that Chen Chao drove the vehicle to Ji'nan west railway station that day, and was stopped by law enforcement officers. Two passengers first referred to law enforcement officials that Chen Chao was "a friend introduction", followed by a number of inquiries by law enforcement officers to admit that it was by dripping on the car, and that the payment was not completed, but the passengers refused to request the law enforcement personnel to take the soft interface of their mobile phones to obtain evidence. In the video, Chen Chao also first said "friends" before he admitted that he had used the taxi software, but the payment was not yet completed.
, however, the plaintiff does not recognize the authenticity of the transcript of the administrative penalty and the legality of the inquiry.
the hearing of the people's Court of the Central District of Ji'nan municipality holds that, according to the statements of the original and the defendant, the evidence and the quality of evidence, the dispute between the two parties to the defendant's administrative body and administrative authority, as well as the procedure for the defendant to make administrative penalties is quite controversial, the court has not made a final declaration. The collegial panel will combine the evidence and relevant legal provisions in the court to make a joint discussion and make a confirmation.
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June 17, 2015,
reason: the policy environment is not yet mature
"the first case of national car" agent Li Wenqian said that the first case of "the first case" which should be postponed before the first trial of June 17th was postponed for 3 months, and at the latest in September, 17 A decision was made by the day.
Li Wenqian also said that the delay was expected. The case is not complex, but the interests behind the game are complex, although our litigation does not involve the legitimacy of the special car, but it is like a vane, easy to be read. If a car driver wins a lawsuit, it may be amplified to support a special vehicle; if the driver is defeated, it may be amplified to deny the legality of the car. Therefore, when the policy of the superior transportation department is not clear, the court's judgment is not mature enough, and they may be waiting for the policy.
September 17, 2015, the two delay was declared
reasons: the case is more sensitive, important and complex
the first case of the national special vehicle, originally set in September 17th, is postponed again. It will be postponed for 3 months, and the decision will be made by December 16th, the latest or before December 16, 2015.
the Central District Court of Ji'nan reported that the plaintiff Chen Chaosu was accused of the administrative punishment of the urban public passenger management service center of Ji'nan city. Although the case was not case, the social concern was very high, and the related facts of the case and the application of the law were very controversial. For the case, the court is going to conduct internal discussions in accordance with the principle of fairness and impartiality, and the final opinion will be determined soon. The court has applied to the higher court for an extension of the application for three months, and the time of sentencing will be notified further.
more than 20 days later, in October 10, 2015, the Ministry of transportation held a special press conference to release "guidance on deepening the reform of the taxi industry to further promote the healthy development of the taxi industry" and "Provisional Office law for the management of the operation and service of the network for taxi services" and to the public. Ask for advice. Two days before the release of the draft, Shanghai made two big moves. One was Uber, an international car renting giant, announced a formal admission to the Shanghai free trade area, with a registered capital of 2 billion 100 million yuan, and the other was the Shanghai Municipal Commission and the fast dripping joint foreign announcement that the Internet rental platform was made in Shanghai. Qualification license, which is the first licence issued to the Internet special vehicle platform in China.
December 17, 2015, three postponement of
reasons: related to the relevant legal application, the relevant authorities to explain
December 17th, "the first case of national special car" again announced the extension of the sentence. The people's Court of Ji'nan City Central District, which undertook the case, reported that Chen Chaosu, the plaintiff of the court, was accused of a case of administrative punishment for the administration of passenger transport in the city of Ji'nan city public passenger management service center. As the case involved the relevant laws and regulations, the relevant organs should be sent to the authorities to explain it. The case has been approved by the superior court to extend the trial limit.
Chen Chao, the plaintiff of the case, said that no matter whether the lawsuit was won or not, the court had to give a result. Deputy lawyer Li Wenqian said that the dispute and representation of the case itself, or the reasons for the court's repeated delays, will be a "historic event", whether or not to win or lose. In November 29th, before the third extension of sentencing, the Ministry of communications announced the results of the "new rules for special vehicles" in November 29th. According to the briefing, a total of 5929 opinions and suggestions were collected, mainly focusing on whether the special vehicle platform should be included in 12 aspects: taxi management, special vehicle access and so on. Among them, 60% opinions support the integration of special vehicles into taxi management, and 52% of the opinion that the nature of the vehicle should be registered as "taxi passenger", and 61.5% of the opinion that the driver of the car should obtain the qualification certificate.
July 2016, four postponement of
reasons: high social attention, the case in the fact that there is a dispute, still in the discussion of
three delays in June 2015, September, December, after the trial one year and two months, the case is still not declared, again postponed. Chen Weidong, the head of the trial in charge of the case, said in an interview with a reporter, "although the case is a case, but the social concern is high, the case is still in dispute in the fact that the facts are identified. At present, we are discussing the study."
public opinion generally believes that the court decides that the driver of a special car wins a lawsuit or loses a lawsuit, which will have an important impact on the legalization of special vehicles. Since the court's policy environment is not yet mature, any result may be amplified by the media or the public, so the case will be postponed.
it is understood that in November 12, 2016, Ji'nan announced the new draft regulations about the new vehicle regulations. According to the "rules for the implementation of the management and service management of the network booking taxi service (temporary)", a draft is solicited, and the license condition of the vehicle is about 3 years, the vehicle purchase tax price is more than 120 thousand yuan, and the wheelbase is more than 2.7 meters (more than 2.6 meters for new energy vehicles). Reporters learned that, according to this standard, Ji'nan's existing 90% nets do not meet the standards.
public data show that at present, there are about 200 thousand network drivers in Ji'nan, most of whom are part-time owners of private cars. The number of drivers with more active platforms is around 10 thousand, with about 6000 vehicles running at full time. Among them, the platform is about 1200 buses and the remaining ones are private cars. The car rental company is facing a risk that the company is facing bankruptcy if the car's car is stuck.