After the most popular seven steps, it may usher i

2022-08-17
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After seven steps, we may face the "punishment" of overloading and overloading of freight transportation.

from the proposal of Li Xiaopeng, Minister of the Ministry of transport, to accelerate the study and promote the inclusion of illegal transportation of trucks with serious overloading and overloading in the category of dangerous driving crime in early 2017, to the relevant suggestions and proposals on highway transportation put forward by members of the CPPCC National Committee and the CPPCC National People's Congress at the local and national sessions, China's freight transportation safety has been improved The management of transportation order has entered a very severe stage, and the "punishment" of freight overload may become an important way of national governance in the next step

criminal law is a law that stipulates crime, criminal and penalty. It defines overload of freight as a criminal act, which brings a stronger deterrent than general administrative punishment. It can greatly increase the cost of illegal transportation, reduce overload, ensure the integrity of roads, bridges, tunnels and other transportation facilities, and protect the safety of people's lives and property

driven by the "overload control" policy for many years, Article 133 of the current criminal law has added clear provisions on serious overload and overspeed of passenger transport. Those who commit crimes due to accidents caused by serious overload and overspeed of passenger transport will bear the crime of traffic accident. Even if there is no accident after serious overload and overspeed, they will also bear the crime of dangerous driving, and will also be sentenced to criminal detention and fine. However, due to the complex causes of overloaded transportation, as well as the dispute and lax law enforcement, the discussion on whether the treatment of overloaded freight can be "punished" is still ongoing, especially the dispute on whether the behavior of overloaded freight without accidents is "punished"

if a traffic accident occurs due to overloaded freight, the driver can be convicted of traffic accident according to the current criminal law. However, the driver's behavior of exceeding the limit and overloading of freight has not occurred an accident, but it constitutes a serious behavior of exceeding the limit and overloading of freight. The author believes that it should be defined as "dangerous driving crime", which is the content that needs to be added to the criminal law. We can refer to the implementation and supervision method of "drunk driving into punishment"

we have been turning for more than 10 years. From the perspective of the domestic traffic management environment, many disputes about the "punishment" of freight overload have been put forward and implemented. Li Xiaopeng said publicly that since June, 2004, the Ministry of transport, together with the Ministry of public security and other seven ministries and commissions, has concentrated on the control of vehicle overload. It has been 12 years since the beginning of this year, and some results have been achieved

in the author's opinion, the management of overload and illegal modification of passenger and freight vehicles has really entered the peak period since July 2012. In the past five years, the seven steps of the initial opinions of the two major countries, a joint opinion of multiple departments, a revision of new regulations, two special actions, and a memorandum of cooperation have continuously strengthened China's road traffic safety work from top to bottom in the light of economic and social development and people's property interests, and strengthened the governance of overload

the first two steps are overall planning and guidance. Although it is "slow", it has a wide range and great efforts. The "opinions of the State Council on strengthening road traffic safety" was issued on July 22, 2012, and the "opinions of the general office of the State Council on implementing road safety life protection projects and sharing bicycles in major cities at an extremely fast speed" was issued on November 28, 2014. These two national documents clarify and refine the content and direction of strengthening road traffic safety, And they all mentioned the opinions of studying the conviction of serious overloading of transport vehicles

the third and subsequent step is to implement actions, step by step and complement each other. On August 25th, 2016, the Ministry of transport, the Ministry of industry and information technology, the Ministry of public security, the State Administration for Industry and commerce, and the General Administration of quality supervision, inspection and Quarantine issued opinions on further improving the treatment of Illegal Refitting and overloading of trucks, and put forward the comprehensive use of legal, administrative, economic, technical and other means to strengthen the production of trucks, and the environmental pollution of plastic granulators is also quite serious. The frequency is 32kHz, which meets the requirements of CLK clock refitting The whole process supervision of sales and road freight transportation

at the same time, the special action plan for rectifying illegal overloading of highway trucks was issued, and the special action began on August 18, 2016 and ended on August 31, 2017; The revised "Regulations on the administration of over limit transportation vehicles on roads" also came into force on September 21, 2016, unifying the standards for over limit identification, standardizing the punishment of illegal over limit transportation, and providing a basis for special actions

step six stepped on the illegal modification of the truck. On January 16 this year, the notice on carrying out the special rectification action for Illegal Refitting of trucks was issued. The special action was implemented until the end of 2017. The purpose is to strengthen the crackdown on Illegal Refitting of trucks, and strive to prevent and curb illegal overloading of trucks from the source

the seventh step is on the eve of the national two sessions this year, 36 departments jointly signed and issued the memorandum of cooperation on joint punishment of relevant subjects of overloaded transport vehicles with serious violations of law and credibility, which proposed to strengthen the punishment of overloaded transport with credit means, increase the cost of serious violations of law and credibility, and further improve the overall effect of overload control gradually promoted over the years

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