Yang Chenyu of article ｜ Europe
See refus does not avoid again the harsh action that allows executive task fire engine.
According to the report, made 11:10 on March 20 morning, anhui bound head the fire engine of executive task of group of city fire control, pulling alarm, shining alarm the lamp, from south northerly travel reachs bound head city a section of a highway of S204 Xian Guangwu, was blocked by the black car that plate number is Anhui K2H7** outlet.
Fire engine is pulling alarm at that time, firemen propaganda to the enemy at the front line hints " keep to the side, keep to the side " . Dan Wan K2H7** did not avoid tardy let. That day afternoon, policeman of area under administration reachs summon to court of driver Wang Mou policeman squadron, wang Mou admits his mistake actively. Basis " law of safety of transportation of road of People's Republic of China " fiftieth 3 regulations, bound head police makes amerce to its lawfully 200 yuan, the driver's license writes down administrative punishment of 3 minutes.
Of this one punishment make, have sufficient legal basis truly. Our country " law of road transportation safety " specific provision, "When wrecking car of patron wagon, fire engine, ambulance, project carries out urgent task " , "In ensure safe premise falls, do not accept the restriction of direction of travel course, travel, travelling speed and signal lamp, other vehicle and pedestrian ought to to give way " . Basis " public security management sanctions a method " , have " the car such as car of rush to deal with an emergency of the fire engine that block up carries out urgent task, ambulance, project, patron wagon is current " wait for behavior, "Place warning perhaps fines 200 yuan below " . And the Ministry of Public Security comes on stage " cent of illegal behavior billiard-marker is worth road transportation safety " , set right " do not press formulary overtake, to give way, converse perhaps travel " motor vehicle drives person, write down 3 minutes.
If be common road liaison man,break the law, be like " violate a ban mark, prohibit graticule is indicated " etc, amerce increases keep the score again, also calculate going up is severity, but do not avoid to refus let carry out behavior of task fire engine, such administrative punishment strength still remains deliberate.
Fire engine carries out the urgent task such as fire fighting action, the relation is not specific public life and belongings safety, must contend for cent to grab a second, be offerred this kind of special car with law with special wayleave, also made clear other vehicle and pedestrian at the same time must the legal obligation of to give way. Refus does not avoid the fire engine that lets executive task, intended buy law sets at disregarding, also place is communal and safe the condition at exceeding danger, cause serious consequence possibly even, the likelihood is unfavorable violate act with common liaison man coequal inspect.
According to " public security management sanctions a method " regulation, do not avoid to refus the fire engine action that allows executive task, if accord with " the clue is serious " standard, OK still a few heavier, be like " be in 5 days of above 10 days to be detained below, can be in 500 yuan of the following amerce " , the problem is, here " the clue is serious " , it is after all make an instruction apathetic from beginning to end to avoiding, and intended antagonism is embarrassed, still bring about fire engine to carry out task suffocate suffocate, make public life and belongings incur great loss? If be former, increase administration to punish strength to also be not had cannot, if be latter, can inspect affection to will be punished " promote " , investigate the criminal duty of relevant personnel.
Fireman executes mission of put out a fire lawfully, have the quality of official activity admittedly, but strict according to " criminal law " , refus does not avoid the fire control car that allows executive task, can not make obstructive and official crime, do not have after all " block up of violent, minatory method " , also not be " national security office, public security mechanism carries out job of national security job lawfully " . Nevertheless, this also is not meant, cause " serious consequence " still cannot punish into the blame. Examine this kind of illegal behaviour, essence is with danger the method compromises public safety, timely investigate criminal duty, condemnatory ability and photograph of social harm sex are consistent, get the effect of awe.
Leaf through a report, in recent years car of similar fire protection carries out common occurance of incident of task road suffocate suffocate, do not avoid to refus the person that let carry out task fire engine, concerned branch also has made similar punishment, but effect of effective keep within limits is not apparent. Those who be worth to draw lessons from is, drive in the light of wine, drunk the current situation that drives much hair, legislation upgrades administrative punishment not only, more will drunk drive punishment, better land keep within limits the situation that random elephant spreads.
Do not avoid to refus let carry out task fire engine, also answer to be broken through somewhat on legislation, give birth to life and belongings open up for rescue public passageway of a green.
