Original title: A girl crossing the road before the owner hit the bus was assigned to the same responsibility, and the host traffic police believed that the responsibility was wrong. A 15-year-old girl rode an electric bike to turn a bend across the road from the intersection and

Original title: A girl crossing the road before the car owner hit the bus was assigned to the same responsibility. The traffic police in charge believed that the responsibility was wrong

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On June 18, 2020, after being questioned by a judge of the Xuzhou Intermediate People's Court, Zhang Bin walked out of the court. Pengpai News reporter Zhu Yuanxiang Photo

15-year-old girl rode an electric bike to turn a bend across the road from the intersection, collided with a car driving in a straight line, resulting in second-degree disability. This traffic accident case that occurred in Xuzhou, Jiangsu in April 2018 has now entered the second instance of the court, and the determination of the responsibility for the accident has become the focus.

In the "Road Traffic Accident Identification Certificate", Xuzhou Traffic Police Detachment Quanshan Brigade determined that both parties bear the "equal responsibility" of the accident. In April 2020, the Quanshan District Court of Xuzhou City accepted the accident certification and ordered the car driver Zhang Bin to bear 60% of the responsibility and compensate the other party more than 1.32 million yuan.

Zhang Bin believed that he was not at fault in the accident and filed an appeal. On June 18, when a judge of the Xuzhou Intermediate People's Court questioned the parties involved in the case, Zhang Bin applied to the organizer to appear in court to explain the accident situation. The judge said that it would be decided by the collegial panel.

"I am willing to appear in court." Zhang Chunqing, the police officer who led the accident, told The Paper (www.thepaper.cn) that the accident identification certificate for this case was not written by him. The accident identification and responsibility division were "error" and there was a procedure violation. He once put forward the opinion that "the electric vehicle driver bears all responsibility for the accident", but it was not adopted.

htmlOn June 20, police officers from the joint investigation team of Xuzhou Municipal Public Security Bureau introduced in an interview with The Paper that the bureau has investigated the matter this year and believes that the relevant responsibility for the accident is correct, and "the court's judgment shall prevail."

In this traffic accident, the electric vehicle driver turned around at the intersection and bypassed the bus and collided with a car driving straight. On-site surveillance video screenshot

The car collided with an electric vehicle intersection, and the 15-year-old girl was second-degree disabled

This accident occurred at a "T"-shaped intersection in Quanshan District, Xuzhou City - the intersection of Jianguo West Road and Lide Road. The time was around 7:00 on April 21, 2018. At that time, Zhang Bin drove an Chevrolet sedan to take his daughter to school, while Chen Chen, a first-year high school girl, rode a two-wheeled electric bike to school.

surveillance video on the scene showed that before the incident, the yellow car driven by Zhang Bin was driving along the left motor vehicle lane from west to east of Jianguo West Road. Chen Chen rode an electric vehicle on the right motor vehicle lane driving in the same direction, and a bus was driving forward in the middle motor vehicle lane. When approaching the zebra crossing with Lide Road, Chen Chen suddenly turned left, bypassed the bus in the middle lane, and drove horizontally towards Lide Road, and soon collided with the yellow car heading straight toward the left. Chen Chen fell to the ground after being knocked away.

Judging from the live video, the bus driving in the middle lane at that time had an impact on the sight of both parties.

"She suddenly came across from the front of the bus. When I saw it, I was anxious and stepped on the brakes immediately. It was still too late." Zhang Bin said that after the incident, he immediately called 120 and sent the injured Chen Chen to the hospital. Soon, Zhang Chunqing, a policeman from the accident squadron of the Quanshan District, rushed to the scene to deal with it.

The injured Chen Chen was hospitalized for 634 days. After identification, the lower limbs and other parts constituted secondary, eighth and tenth disabilities in human body injuries respectively. She is in a wheelchair and needs "long-term care". Zhang Bin said that out of humanitarianism, he advanced 250,000 yuan in medical expenses after the incident.

On May 31, 2018, the Quanshan Brigade of the Traffic Police Detachment of Xuzhou Municipal Public Security Bureau issued a "Road Traffic Accident Identification". The certification note points out that Zhang Bin did not slow down when driving a motor vehicle through a crosswalk, and there was insufficient observation and prediction; Chen Chen was under 16 years old and drove on the road while driving, and did not slow down when turning, and reached out to indicate that his two illegal acts were equivalent in the accident, and both assumed equal responsibility.

Zhang Bin believes that the accident section is a T-shaped intersection, and Chen Chen should give priority to the direct vehicles when he turns, but he did not drive illegally at the time, and his vision was blocked by the bus from the side, so he could not avoid the sudden behavior of Chen Chen suddenly turning and crossing the road.

Zhang Bin then applied for review of the accident recognition.In July 2018, the Traffic Police Detachment of Xuzhou Municipal Public Security Bureau made a review conclusion and maintained the accident identification letter of Quanshan Brigade.

After that, Chen Chen filed a lawsuit with the court, demanding that Zhang Bin compensate for the related losses.

On April 27, 2020, the Quanshan District People's Court of Xuzhou City made a first-instance civil judgment. The court held that the accident was determined by the Xuzhou Municipal Traffic Police Department, and both parties were responsible for the same responsibility for the accident. Therefore, based on the responsibility for the accident and the degree of fault between the parties, the plaintiff approved the opinion that the defendant required the defendant to bear 60% of the compensation liability.

The first instance court found that Chen Chen's medical expenses were more than 690,000 yuan, disability compensation was more than 1 million yuan, and 10-year nursing expenses were 438,000 yuan. If you still need nursing in 10 years, you can claim separately. In addition to nutritional expenses, mental damage compensation, auxiliary equipment expenses and other expenses, a total of 2326,782.76 yuan. After deducting the compulsory motor vehicle insurance compensation, the defendant Zhang Bin bears 60%, that is, 1324,069.66 yuan.

Zhang Bin was dissatisfied and appealed to the Xuzhou Intermediate People's Court and applied to the police officer Zhang Chunqing, who was the director of the accident, to appear in court.

traffic accident identification letter made by Quanshan Brigade of the Traffic Police Detachment of Xuzhou Municipal Public Security Bureau. Pengpai News reporter Zhu Yuanxiang Photo

Sponsored police: It is believed that the accident identification certificate has "hard flaws"

At present, this traffic accident responsibility dispute case has entered the second instance procedure, and the traffic police's accident identification certificate is the focus of controversy.

The plaintiff Chen Chen requested the second instance to uphold the original judgment. Zhang Bin believes that the traffic police's accident identification letter is incorrect in fact determination and legal application, and the procedures are illegal and should not be accepted.

The traffic police officer Zhang Chunqing, who questioned the above-mentioned accident identification form, also raised doubts about the traffic police officer of the accident. On June 20, Zhang Chunqing told The Paper that if he received a notice from the court, he would be willing to appear in court to explain the situation.

Zhang Chunqing is a second-level police officer of the Traffic Police Detachment of Xuzhou Public Security Bureau. He has 12 years of experience in handling traffic accidents. In 2015, he participated in the "big competition" of public security business in Jiangsu Province as one of the four traffic police in Xuzhou and won the first place in the accident handling special group.

In April 2018, when Zhang Bin and Chen Chen had a traffic accident, Zhang Chunqing had just been transferred from Yunlong Brigade of Xuzhou Traffic Police Detachment to Quanshan Brigade. According to Zhang Chunqing's recollection, he was on duty in the accident squadron that morning and rushed to the scene after receiving the 110 notice. He conducted an investigation on the site, drew pictures of the accident scene at the intersection, and retrieved surveillance videos from 4 angles on the road surface and buses.

"The evidence of surveillance video recording is very comprehensive and fully reflects the accident process." Zhang Chunqing said that after investigation, he believed that the motor vehicle driver Zhang Bin was not responsible, and the electric vehicle driver Chen Chen should bear all responsibility for the accident.

Zhang Chunqing said that after on-site investigation and repeatedly checking the surveillance video, he believed that Zhang Bin had no specific illegal acts and was not at fault. According to the relevant provisions of the Road Traffic Safety Law and its Implementation Regulations, there were many violations and faults in the behavior of the electric vehicle driver Chen Chen at that time: First, she was under 16 years old and did not meet the conditions for driving an electric bicycle on the road; Second, when there were non-motor lanes on the scene, she entered the motor vehicle lane to ride; Third, according to regulations, non-motor vehicles turning at intersections should be given priority to pass, but when Chen Chen turned left and crossed the road, he did not slow down and did not observe carefully to confirm safety.

"At that time, Zhang Bin's right line of vision was obviously blocked by the bus, so the girl suddenly turned around and did not leave him the time and space to take measures to avoid accidents." Zhang Chunqing introduced that after completing the investigation procedures at that time, he wrote the accident investigation report. At the "Case Conference" of the accident squadron, he put forward the opinion that "the electric vehicle driver shall bear all responsibility for the accident", but it was not adopted in the end. "I firmly reserve my opinion. I said I would not make an accident identification certificate."

On May 31 of that year, the "Road Traffic Accident Identification Certificate" stamped with the seal of Quanshan Brigade of Xuzhou Traffic Police Detachment was placed in front of Zhang Chunqing. Zhang Chunqing said that due to the requirements of the case handling procedures, he signed the letter on it as the police officer in charge, but he has been uneasy since then, "There are so many loopholes in the identification letter, how can you justify yourself?"

Zhang Chunqing analyzed the contents of the accident identification letter one by one. He believes that the identification letter would write the accident location as "Jianguo West Road" too general and should be the T-shaped intersection of Jianguo West Road and Lide Road."There are different applicable clauses at intersections. Articles 68 and 69 of the Implementation Regulations of the Road Traffic Law should be applied. Turning should be allowed to go straight," said Zhang Chunqing. "But the accident identification letter avoids this, resulting in the error in the application of the law."

The accident identification letter quotes the provisions of Article 47 of the Road Traffic Safety Law and determines that Zhang Bin "driving a motor vehicle without slowing down when passing through a crosswalk, and the observation and prediction are insufficient." In this regard, Zhang Chunqing believes that this clause applies to the situation of accidents between motor vehicles and pedestrians, and Chen Chen was riding an electric bike at the time, and Zhang Bin was not "passing" the crosswalk at that time; the speed limit of the road section of the incident was 60 kilometers per hour, and the location where Zhang Bin's speed was identified as 62 kilometers per hour was about 60 meters away from the accident site. The video and brake lights showed that Zhang Bin slowed down twice within dozens of meters before he drove to the accident site.

accident identification letter also pointed out that Zhang Bin violated Article 22 of the Road Traffic Safety Law on "safe driving and civilized driving". Zhang Chunqing believes that the provision is an overview clause and is not a specific provision for illegal acts and cannot be abused.

In addition, the accident identification statement states that the conclusion of the identification is "collective case study". Zhang Chunqing introduced that according to the provisions of the "Road Traffic Accident Handling Work Code", after collective research, the accident case will be conducted according to the principle of minority obeying the majority, and different opinions will be recorded on the case to form a written "common record".

"There was no record of the case at that time, let alone record different opinions." Zhang Chunqing believes that this is also a "procedural flaw."

The accident occurred at the T-shaped intersection of Jianguo West Road and Lide Road in Xuzhou City. Respondent provided by

The internal investigation of the police said "no problem": the court's judgment was ultimately based on

In April 2019, a year after the traffic accident between Zhang Bin and Chen Chen, another motor vehicle and electric vehicle collided with an electric vehicle at another intersection in Xuzhou City, and the electric vehicle driver Ma died. The traffic police officer who led the accident was also Zhang Chunqing.

After investigation, Zhang Chunqing believes that the driver of an electric vehicle driving illegally should bear the main responsibility for the accident. To his surprise, the family of the deceased showed him the surveillance video of Zhang Bin and Chen Chen's accident, and believed that it should also be determined based on the same responsibility between the two parties.

Zhang Chunqing introduced that at the later case meeting, six police officers claimed that the electric vehicle driver was mainly responsible, while five police officers, including the deputy captain and squadron leader, claimed that both parties were equally responsible. Based on this, Zhang Chunqing formed a record of communication signed by the participants. Another "censorship meeting" was held the next day. Zhang Chunqing provided the on-site recording and said that Wang Bo, who was then the deputy captain of Quanshan Traffic Police Brigade, wanted to tear up the previous record of the case, but was stopped by him, but the conclusion of the accident determination of "equal responsibility" was still "forcibly passed".

"The process of identifying Zhang Bin's accident was almost the same as that of Zhang Bin. The final conclusion was not recorded, and I had to sign it on it." Zhang Chunqing believes that the identification of these two accidents did not strictly "act in accordance with the law", and according to the "lifelong responsibility system" of the case, he, as the sponsor police officer, could only "take the blame."

"You can't add the wrong ones." Zhang Chunqing said that at the end of May 2019, he took the accident case file to the Discipline Inspection Commission of Xuzhou Municipal Public Security Bureau to report the matter, but no reply has been received yet.

Because of objections to the identification of the accident, Zhang Bin also embarked on the road of real-name reporting.

"There is no problem with his accident case, and the municipal bureau has also set up an investigation team." On June 19, Zhang Yan, the former captain of the accident brigade of Xuzhou Traffic Police Detachment, declined an interview with The Paper on the phone. On that day, Wang Bo, who was once the deputy captain of Quanshan Traffic Police Brigade, also said: "The superior department has checked it, and I can't explain anything to you."

htmlOn June 20, Wang Song, member of the joint investigation team of the Xuzhou Municipal Public Security Bureau and deputy captain of the Legal Detachment, introduced in an interview with The Paper that after receiving Zhang Bin's complaints and reports in March this year, the bureau leaders attached great importance to it and arranged to establish a joint investigation team of the Municipal Public Security Bureau composed of the legal system, inspection, petition, discipline inspection and other

departments to investigate the situation reported by Zhang Bin and invite accident experts to conduct a demonstration.

"After the investigation team and the expert team's argumentation, we believe that the traffic police's division of responsibility for the accident is correct," said Wang Song.During the interview on that day, Wang Song did not respond positively to the details of the intersection and the lack of record records in the accident handling. Regarding Zhang Chunqing's report that Wang Bo, the former deputy captain of Quanshan Brigade, tried to tear up the original record of the case, Wang Song said that the investigation team had also conducted an investigation, but did not disclose the specific situation.

"Zhang Bin reported that Zhang Yan, deputy commander of the traffic police, colluded, abused his power, and created false cases in this accident. Our investigation believes that it is not true." Wang Song revealed that the investigation team has feedbacked the investigation conclusion to him regarding the disputes in the identification of the accident and related issues reflected by Zhang Bin. However, Zhang Bin told The Paper that the investigation team had never asked him, the party involved, to investigate and understand the situation related to the accident, so he did not agree with the investigation conclusion.

"Zhang Bin does not accept the accident determination, and can provide evidence to the court and exercise his rights in accordance with the law." Wang Song said that Zhang Bin's traffic accident case is still in the second civil instance stage, and the police are willing to cooperate with the court to investigate the relevant case. "The accident identification letter is only a kind of evidence. If the court believes that it should not be accepted, it may not be accepted." Wang Song emphasized: "Everything shall be subject to the final judgment of the court."

According to the Ministry of Public Security's " Road Traffic Accident Handling Procedures ", if the parties have objections to the determination of the accident, they may apply for review to the superior public security organ, but the review of the same accident is limited to "one time".

Chen Yongfu, partner and lawyer of Beijing Zhongwen Law Firm, introduced in an interview with The Paper that after the accident determination was reviewed, the police's legal procedures have been concluded. However, if the parties still have objections, they can also be reported through petition procedures. According to the "Procedures for Handling Road Traffic Accidents", the traffic management department of the superior public security organ supervises the handling of traffic accidents by subordinates. If errors are found, they should be corrected in a timely manner. If serious consequences are caused, the relevant personnel shall be held accountable in accordance with the discipline and law.

The party involved is dissatisfied with the accident identification letter made by the traffic police. Can the police be prosecuted? This issue has been debated in the legal community. Chen Yongfu introduced that after the implementation of the Road Traffic Safety Law in 2011, the traffic accident identification certificate was identified as evidence for handling accidents and could not be filed as a specific administrative act. It is evidence reviewed by the court in civil litigation.

"Since the accident identification certificate is evidence, in the process of litigation, whether the evidence is valid and legal, whether it has proof power, and how strong the proof power is, the court will conduct judicial review." Chen Yongfu introduced that the court reviewed the legality, authenticity and relevance of the traffic accident identification certificate based on the evidence rules, and comprehensively determined in combination with other evidence, thereby deciding whether to accept the traffic police's accident identification conclusion.

The Paper