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When the annual vehicle safety technology all qualified, because the vehicle did not eliminate illegal recording and did not get the inspection mark. To this end, the owner Luo Jiang Xi (a pseudonym) sued Vehicle, Xi'an two courts agreed that, Vehicle inspection marks shall be issued. Luo Jiang case while the judgment, as well as a Case Xi'an, Zhang (not his real name) is also the same reason Gao Ying Vehicle Administration. 1 Court of First Instance: illegal record is processed should not be used as a prerequisite for issuing inspection marks Last March 19, Luo Jiang driving a private car to the northern suburb of Xi'an Great Wall motor vehicle inspection station for vehicles examined, tested, all qualified vehicle safety technology. He Xi'an Public Security Bureau Traffic Police Detachment Vehicle Administration to apply for issuance of motor vehicle inspection marks, and submitted a motor vehicle safety inspection report, compulsory traffic accident liability insurance (copy), motor vehicle license. Internet Vehicle Administration inspection, the car still did not eliminate the existence of illegal records, so there is no inspection marks issued. Subsequently, Luo Jiang filed an administrative lawsuit to the Chang'an District People's Court. Chang'an District Court that, in accordance with the "Road Traffic Safety Law" Article XIII issued by motor vehicle inspection marks are statutory duties of the public security organ of the traffic management department. To provide motor vehicle license and compulsory third party liability insurance and motor vehicle safety inspection agency shall be examined, no unit may attach other conditions. To comply with national safety technical standards for motor vehicles, the public security organ of the traffic management department shall issue the inspection certificate. Therefore, the plaintiff LUO Jiang provides driving license and compulsory third party liability insurance and circumstances under qualified motor vehicle safety inspection certificate, the defendant should be granted Vehicle Administration inspection marks. For the plaintiff traffic violations, according to law by the relevant departments, which dealt with illegal records are not intended as a prerequisite for issuing inspection marks. The court held that the plaintiff requested was justified and should be supported, and make the first instance verdict, ordered Vehicle 3 working days from the date of entry into force of the judgment for the plaintiff in the vehicle inspection marks issued. 2 Vehicle Administration to mention 6:00 grounds of appeal: in accordance with the "motor vehicle registration requirements," handled After the verdicts,piumini woolrich, Vehicle appealed against the verdict. Vehicle Administration grounds include 6:00: 1. The grant can not give Luo Jiang inspection marks a clear factual basis and legal basis, it is entirely administrative law. "Motor vehicle registration requirements," the provisions of Article 49, the vehicle owner can be registered in the motor vehicle inspection prior to the expiration of three months within the vehicle management application inspection marks. Before applying, the vehicle owner should be involved in car accidents road traffic safety violations and processed. When applying, the vehicle owner must complete an application form and submit the driving license,http://www.changjiwang.cn/bbs/forum.php?mod=viewthread&tid=141034, compulsory traffic accident liability insurance certificate, proof of travel tax exemption or tax qualified motor vehicle safety inspection certificate. 2. The first instance verdict on the "Road Traffic Safety Law" Article XIII inaccurate understanding, which provides that the unit may not require any additional other conditions for motor vehicle safety inspection sectors concerned. 3. "motor vehicle registration requirements," the Ministry of Public Security under the authority of laws and regulations on vehicle management matters developed departmental regulations, should be applicable across the country. 4. The "People's Police Law" stipulates that people's police must obey the decisions and orders that the decisions and orders wrong, can make comments in accordance with the provisions, but shall not be suspended or change the decision and order of execution, comments not been adopted , you must obey the decisions and orders. The consequences of the implementation of decisions and orders of the responsibility of the decisions and orders of superiors. 5. Vehicle used by Ministry of Public Security unified national vehicle registration computer system, national data associated with traffic violations, traffic violations once the vehicle has not been processed, the system automatically locks the car,moncler outlet milano, Vehicle department can not print inspection mark can not by checking the computer system. 6. From the "motor vehicle registration requirements," and "Road Traffic Safety Law,http://store.shopping.yahoo.co.jp/accessorymart/exe00528.html," "People's Police Law" legislative purpose and intent of the legislation and social point of view,http://eiga.yokkaichi.org/sunbbs2/sunbbs.cgi?mode=form&no=1942&page=I, motor vehicle registration requirements in advance to eliminate illegal recording before issuing conformity mark The provision is consistent with the maintenance of social order and protect fair ultimate goal of public order and good morals and the basic spirit of the rule of law to pursue law. The combination of these grounds, Vehicle improper judgment of first instance that the applicable law, understand the law is wrong, motor vehicle registration requirements in advance and then issued regulations to eliminate illegal recording vehicle inspection mark of compliance with the law, Vehicle departments in accordance with the "People's Police Law," " motor vehicle registration requirements, "there is nothing wrong execution requirements, in line with legislative intent and legislative purpose, which shall be to maintain administrative behavior Vehicle Administration, requesting revocation of the first instance verdict. 3 owners reply: Traffic Safety Act prevail over motor vehicle registration requirements For the appeal Vehicle Administration, Luo Jiang respondent said: A verdict law was correctly applied. 1. "Road Traffic Safety Law" superior force "motor vehicle registration requirements,http://bbs.weilanhaian.com/home.php?mod=spacecp&ac=blog&blogid=," motor vehicle inspection marks issued should strictly abide by "Road Traffic Safety Law." 2. "Road Traffic Safety Law" Article XIII "to meet the national technical standards for motor vehicle safety, public security organ of the traffic management department shall issue the inspection certificate" that is in line with the national technical standards for motor vehicle safety inspection marks is issued The only condition, the first instance to identify "After testing station testing car safety technology all qualified" and therefore, the appellant shall file a respondent issued to motor vehicle inspection marks. 3. The motor vehicle meets the national technical standards for safety, and the driver if there is traffic violations unrelated. 4. One of the elements of the legality of administrative acts are lawful privilege, the appellant as a vehicle management authorities have no right to deal with traffic violations. Second, the "Ministry of Public Security unified national vehicle registration computer system can not print inspection mark" can not be used as the basis not issued motor vehicle inspection marks: "The law is no authorization can not." 4 second instance upheld: issuance of motor vehicle inspection standard is the traffic control department of statutory duties Xi'an Intermediate People's Court upheld the view that, according to "Road Traffic Safety Law" Article XIII "after the registration of motor vehicles on the roads, should be in accordance with laws, administrative regulations, according to vehicle use, the number of passenger cargo, age, etc. different situations, regular safety inspection. to provide motor vehicle license and compulsory third party liability insurance and motor vehicle safety inspection agency shall be examined, no unit may attach other conditions to comply with national safety of motor vehicles technical standards, the public security organ of the traffic management department should issue inspection marks "the provisions of the motor vehicle inspection marks issued by a statutory responsibility of the public security organ of the traffic management department, Luo Jiang vehicle inspection station detected by all qualified security technology, Vehicle It shall be issued inspection marks. Recently, the case of Final Appeal ruling,http://www.pokolenie-lex.com, dismissed the appeal Vehicle Administration, upheld the conviction. China Chinese Commercial News reporter Ning Jun in accordance with The court based on "Road Traffic Safety Law" Article XIII After the registration of motor vehicles on the road, it should be in accordance with laws, administrative regulations, depending on the vehicle uses, the number of passenger cargo, age, etc., regular safety inspection. To provide motor vehicle license and compulsory third party liability insurance and motor vehicle safety inspection agency shall be examined, no unit may attach other conditions. To comply with national safety technical standards for motor vehicles, the public security organ of the traffic management department shall issue the inspection certificate. The traffic police department in accordance with the "motor vehicle registration requirements," Article 49 (May 27, 2008 People's Republic of China Ministry of Public Order No. 102 released) Vehicle owner can test effective within three months before the expiry of the motor vehicle registration and vehicle management application inspection marks. Before applying, the vehicle owner should be involved in car accidents road traffic safety violations and processed. When applying, the vehicle owner must complete an application form and submit the driving license, compulsory traffic accident liability insurance certificate, proof of travel tax exemption or tax qualified motor vehicle safety inspection certificate. link There are many incidents of domestic similar cases By the China Daily reporter inquiries, similar cases in the field have also had many incidents. Last February Dongying owners Chow local Vehicle Administration to examine the car, so his car Vehicle traffic violations has not been processed by, non-issuance of motor vehicle inspection marks. Chow felt unreasonable: his car has passed the test, there is a single motor vehicle safety inspection records, motor vehicle safety inspection reports and other material, since the inspection, the Vehicle Administration should pass the examination. Subsequently,scarpe hogan online, he will Dongying City Vehicle Administration to court. Court that the plaintiff in Dongying City Vehicle Administration so did not receive treatment on the grounds of illegal refusal to issue pass mark, does not comply with the law, from the date of entry into force of the judgment where the judgment Vehicle, three working days for the plaintiff,http://www.menqiu.com/bbs/home.php?mod=spacecp&ac=blog&blogid=, Mr. Zhou issued vehicle inspection mark. In October last year, Guangdong Foshan Chan commissioned for its car motor vehicle inspection services for motor vehicle safety tests and passed all tests. But also because there are 16 traffic violations record has not been processed, Vehicle Administration Department refused examined. To this end, the city traffic police detachment Chan court. Foshan City traffic police detachment's Court required in its judgment take effect 15 days, sent Ms. Chen inspection mark. China Chinese Commercial News reporter Ning Jun Laws and regulations which conflict to listen to? Reporters learned that, also appeared in Hubei, Shenzhen, Guangzhou and other places too have traffic violations untreated because the owners can not be examined and the court handle the case of the Vehicle Administration sue, court decisions also have differences: some sentence Vehicle Administration lost, while others are the owners of the lawsuit was dismissed. Vehicle owners will be the court, the focus of controversy mainly, for vehicle inspection procedures, in the end should apply the relevant provisions of the Road Traffic Safety Law, or the applicable Ministry of Public Security, "motor vehicle registration requirements." To this end, the media reporter had interviewed Judge Nanchang Qingshan Lake Hu Mei love, she explains, "Road Traffic Safety Law" as a national law adopted by the NPC, its effectiveness is greater than the department to develop regulations. In other words, when the court in such cases, must be subject to the law. Jiangxi Yuzhang law firm lawyer also believes that, in accordance with the law to use the upper and lower bits law relationship, when the two conflict, the former shall prevail. Clear up doubts In accordance with the supreme law has made it clear cross Law Enforcement In 2007, Jingmen City Intermediate People's Court in the trial eight taxi owners complained the city's case Vehicle Administration (traffic offense can not be examined without treatment), the legal application of the Hubei Provincial Higher People's Court referrals. After discussion, the presence of Hubei Provincial High Court CRIC two opinions: one that "motor vehicle registration requirements," in the absence of legal basis of the case, the process is set to traffic violations issued inspection marks Prerequisites,air max 90 pas cher, conflict with the provisions of the Road Traffic Safety Law, also in violation of the Administrative Licensing Law, "Regulations on the specific conditions of administrative license, it shall not establish any other condition in violation of the upper law" requirement. Another believes that "motor vehicle registration requirements," is a complement to the Road Traffic Safety Law, is the necessary measures to solve the road safety management in real-world problems. Motor vehicle involved in road traffic violations not treated, indicating that their illegal status does not eliminate, the public security traffic management departments to departments asking them to accept the deal to go through before the vehicle inspection marks, does not violate the prohibition law. To this end, the Hubei Provincial High Court in October 2007 the Supreme Court had also submitted "on the police departments to traffic violations untreated can not be issued by the motor vehicle inspection marks problems to consult." In November 2008, in reply to the Hubei Provincial High Court of referrals, direct reference to the Supreme People's Court Road Traffic Safety Law provisions of Article XIII, saying "the law is clear and should be implemented in accordance with the provisions of the law." Effect Legal & gt,http://www.y2000.net/home.php?mod=space&uid=39504; administrative regulations & gt; departmental regulations Departmental rules and regulations is the State Council departments and commissions, the National Audit Office in accordance with the provisions of laws and administrative regulations and decisions of the State Council, within the purview of the department to develop and publish the adjustment of administrative management relations within the scope of the department, and not with constitutional,louboutin soldes femme, legal and administrative regulations contradict normative documents. The main form of orders, directives, regulations and so on. Reporters inquiries that "Legislation Law" Article 88 stipulates: the force of law higher than the administrative regulations, local regulations and rules. Article III "rulemaking regulations": the development of regulations, legislation should follow the principle of the Legislation Law, in line with the provisions of the Constitution,http://xcrz.cn/service/feedback_look.php?id=11209, laws, administrative regulations and other upper law. Edit: SN064

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