>>>welcome visitor, haven't logged in. Login
Subscribe Now Contact us  
Font Size:  A A A Search “Fabao” Window English 中文 = 简体  繁体
  Favorite   DownLoad   Print
 
Guiding Case No. 90: Bei Huifeng v. Traffic Police Brigade of the Public Security Bureau of Haining City (Case about dispute over an administrative penalty of road traffic management)
指导案例90号:贝汇丰诉海宁市公安局交通警察大队道路交通管理行政处罚案
【法宝引证码】

Guiding Case No. 90: Bei Huifeng v. Traffic Police Brigade of the Public Security Bureau of Haining City (Case about dispute over an administrative penalty of road traffic management) 指导案例90号:贝汇丰诉海宁市公安局交通警察大队道路交通管理行政处罚案
(Issued on November 15, 2017 as deliberated and adopted by the Judicial Committee of the Supreme People's Court) (最高人民法院审判委员会讨论通过 2017年11月15日发布)
Guiding Case No. 90 指导案例90号
Keywords 关键词
administrative; administrative penalty; giving way by motor vehicles; passing a pedestrian crosswalk 行政/行政处罚/机动车让行/正在通过人行横道
Key Points of Judgment 裁判要点
Politely letting pedestrians cross the roads first is a basic requirement for civilized and safe driving. When the driver passes a pedestrian crosswalk by driving a vehicle and there is a pedestrian who was passing the crosswalk or stopping on the crosswalk, the driver of the vehicle should voluntarily stop the vehicle and give way to the pedestrian, unless the pedestrian gives a clear sign to let the vehicle pass first. Where the traffic management department of the public security organ imposes an administrative penalty on the motor vehicle driver who does not politely let pedestrians cross the road first, the people's court should uphold such administrative penalty. 礼让行人是文明安全驾驶的基本要求。机动车驾驶人驾驶车辆行经人行横道,遇行人正在人行横道通行或者停留时,应当主动停车让行,除非行人明确示意机动车先通过。公安机关交通管理部门对不礼让行人的机动车驾驶人依法作出行政处罚的,人民法院应予支持。
Legal Provisions 相关法条
Paragraph 1 of Article 47 of the Road Traffic Safety Law of the People's Republic of China 中华人民共和国道路交通安全法》第47条第1款
Basic Facts 基本案情
Plaintiff Bei Huifeng alleged that: When the motor vehicle (Zhe F1158J) he drove (hereinafter referred to as the “vehicle involved”) approached the pedestrian crosswalk, a pedestrian has stopped on the crosswalk. Therefore, the pedestrian was not “passing the crosswalk.” In addition, Xishan Road where the vehicle involved passed was a trunk road in Haining City and at the time, there was heavy traffic in the road section and there were no traffic lights in the intersection. If as long as there was a pedestrian on the crosswalk, the motor vehicle would stop and gave way, it would greatly affect the traffic efficiency. As a result, he was allowed to not stop the vehicle involved when safe passage could be guaranteed, he could directly pass the crosswalk by driving the vehicle involved, and he should not be punished. The written decision on penalty according to the summary procedure of public security traffic management (No. 3304811102542425) issued by the Traffic Police Brigade of the Public Security Bureau of Haining City (hereinafter referred to as the “Traffic Police Brigade of Haining City”) was illegal. Therefore, Bei Huifeng requested the Court to set aside the written decision on administrative penalty issued by the Traffic Police Brigade of Haining City. 原告贝汇丰诉称:其驾驶浙F1158J汽车(以下简称“案涉车辆”)靠近人行横道时,行人已经停在了人行横道上,故不属于“正在通过人行横道”。而且,案涉车辆经过的西山路系海宁市主干道路,案发路段车流很大,路口也没有红绿灯,如果只要人行横道上有人,机动车就停车让行,会在很大程度上影响通行效率。所以,其可以在确保通行安全的情况下不停车让行而直接通过人行横道,故不应该被处罚。海宁市公安局交通警察大队(以下简称“海宁交警大队”)作出的编号为3304811102542425的公安交通管理简易程序处罚决定违法。贝汇丰请求:撤销海宁交警大队作出的行政处罚决定。
Defendant Traffic Police Brigade of Haining City contended that: The pedestrian has entered the pedestrian crosswalk in advance of the vehicle involved driven by plaintiff and he was passing the pedestrian crosswalk, the vehicle involved should stop and given way to the pedestrian; if the pedestrian has stopped on the pedestrian crosswalk and the driver of the motor vehicle gave a sign to let the pedestrian rush through the crosswalk first, but the pedestrian did not move, the motor vehicle may pass the crosswalk; otherwise, the driver's passing of the crosswalk constituted violation of law. The written decision on administrative penalty against Bei Huifeng was clear in facts, accurate and sufficient in evidence, correct in application of law, and legitimate in procedure. Therefore, defendant requested the Court to render a  to dismiss Bei Huifeng's claims. 被告海宁交警大队辩称:行人已经先于原告驾驶的案涉车辆进入人行横道,而且正在通过,案涉车辆应当停车让行;如果行人已经停在人行横道上,机动车驾驶人可以示意行人快速通过,行人不走,机动车才可以通过;否则,构成违法。对贝汇丰作出的行政处罚决定事实清楚,证据确实充分,适用法律正确,程序合法,请求判决驳回贝汇丰的诉讼请求。
...... ......

Dear visitor, you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases. If you are not a subscriber, you can pay for a document through Online Pay and read it immediately after payment.
An entity user can apply for a trial account or contact us for your purchase.
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570712
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com

 
您好:您现在要进入的是北大法律英文网会员专区。
如您是我们英文用户可直接 登录,进入会员专区查询您所需要的信息;如您还不是我们 的英文用户;您可通过网上支付进行单篇购买,支付成功后即可立即查看本篇内容;
单位用户可申请试用或者来电咨询购买。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570712
Fax: +86 (10) 82668268
E-mail:database@chinalawinfo.com
     
     
【法宝引证码】        北大法宝en.pkulaw.cn
Message: Please kindly comment on the present translation.
 
Confirmation Code:
Click image to reset code
 
  Translations are by lawinfochina.com, and we retain exclusive copyright over content found on our website except for content we publish as authorized by respective copyright owners or content that is publicly available from government sources.

Due to differences in language, legal systems, and culture, English translations of Chinese law are for reference purposes only. Please use the official Chinese-language versions as the final authority. Lawinfochina.com and its staff will not be directly or indirectly liable for use of materials found on this website.

We welcome your comments and suggestions, which assist us in continuing to improve the quality of our materials as we dynamically expand content.
 
Home | About us | Disclaimer | Chinese