III: After the accident the accident unit dealt with the case collectively. It is the accident unit that released the criminal.
On the second day after the accident, the head of accident unit Zhang and other two people came to the Liaoyuan City Mining Bureau General Hospital (note: I was hit by Audi car of the head of Anshu Mine of Liaoyuan City Dongliao County in 1997 and had to accept cure in hospital because of the left leg tibial fracture. the bad skills of the doctor caused a nonunion of my leg. The hospital colluded with the mine head and misguided me that my leg was healed and forcibly transacted the procedures for leaving hospital without my consent, which led to my second operation. Because my sister’s case has not finished and I was put into prison for reeducation through labor, the case of Anshu Mine traffic accident economic compensation is discontinued on the court of first instance), and lied to us, the perpetrator escaped from our accident unit. We sent three troops of people but did nit catch him. On the same day in the accident unit, Zhang said the perpetrator did not have the ability to compensate and asked us to negotiate with the dependents of the perpetrator about the compensation. He tried not to lawfully investigate the criminal’s penal responsibility and finish the penal case personally. I clearly expresses on the spot, the perpetrator has no money. We may accept none of the compensation of more than 38,900 Yuan. But the perpetrator committed a crime and he must receive punishment and be put into prison for the period he deserves. But Zhang said to us, you are too fractious to return unless you get a lesson. At last you will be hurt badly and come back to beg them on kneels.
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IV: Illegal System
The person who investigates this case in the Traffic Police Brigade didn’t allow my lawyer to peruse the paper; he said that Their authorities didn’t allow us to peruse the paper. It is obvious that the system has flaws during handling the case, disobeying the legal principle.
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V: Not handing over the criminal case
The Traffic Police Brigade disobeyed the facts and law deliberately. They counterfeited materials, concealed the state of affairs, played tricks, changed the nature of the criminal case, set criminals free on purpose and refused to hand over the case to he judicatory organ. They have violated the Article eleven in Provisions on the Procedures for Road Traffic, which content is If it is needed to give criminal sanction to the person who is responsible for the traffic accident, the person should be handed over to the judiciary.
The provincial and city procuratorate did not give Cases for Direct Acceptance to the executive department to handle cases collectively of Not to Remove Criminal Cases.
The troublemaker offended three regulations, that is, drunk-driving, speeding and reversing, and led to one person’s death. It is a serious traffic accident. According to the Article 133 in The Criminal Law of the PRC, the troublemaker committed the Traffic Criminal. However, because the Prosecutorial Organization counterfeited the material and changed the nature of the criminal case, as a result, in accordance with the Article 402 Inscape Crime of not handling over Criminal Case with Malpractice for self and the regulations 1,5,6,8 in Article 2 (Ten) Supreme People’s Procuratorate Provisions on the Criteria for Filling Case form The Criminal Law of the PRC, I handed in the letter complain to the chief procurator of the procurator’s Office in Liaoyuan City and reflected the facts that the leader of the Traffic Police Brigade and the criminal Xu Shaoqi all come from the same countryside. The focus of this criminal case is the leader of the Traffic Police Brigade. However, Zhang procurator did not make a response to the information; he sheltered the criminal and threatened us to be careful, in case that we would be punished. He gave us written decision of no case-filling of criminal appeal and then finished the criminal case. (In 2004, the chief procurator of the procurator’s Office in Liaoyuan City said that As long as I was the chief procurator, I would never place a case on file for investigation and prosecution for you.
The top and down authorities collude and play tricks crazy on rights.
In 1999, I appealed to the higher authorities for help, People’s Procuratorate of Jilin Province and on October 11th, 1999, People’s Procuratorate of Jilin Province gave this malpractice not handling over criminal case to the Public Security Bureau of Jilin Province. People’s Procuratorate of Jilin Province helped a tyrant to do evil.
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People’s Procuratorate of Jilin Province
() Ji Jian Xin Zi No. (without No.)
Xia Yuanfeng: The problem which is reflected in your letter (which belongs to the ministry of Public Security) has been transferred to (Public Security Bureau of Jilin Province) be dealt with. You could contact with them directly.
October 11th, 1999
The reception office on accusing and appealing in People’s Procuratorate of Jilin Province (marked with official stamp)
The administrative executive department, which is responsible for handling the accident is not to Remove Criminal Cases to judicial organizations to solve the problem, and plots out responsibility on purpose irregularly. Additionally, they impose responsibility to the victim and force to collect penalty. In recent ten years, I rushed about to appeal to the higher authorities for help in Beijing. However, there is still no just solution.
Ministry of Public Security - This case hung in the balance for a long time, they insist on the unfair Road Traffic Accident Responsibility Confirming Letter and refuse to cancel or change it according to the People's Police Law of the People's Republic of China. They refuse to execute the law fairly……
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The ministry of Public Security disobeyed the division responsibility deliberately, and imposed a fine to the dead victim. In the meanwhile, Public Security Bureau insisted on refusing to change the artificial and wrong Decision on Re-ascertainment of Liability for Traffic Accident by its subordinate. People’s Procuratorate of Jilin Province connived and took sides of the Public Administrative Enforcement of Law Organization and People’s Procuratorate of Liaoyuan City, so I have to appeal to the higher authorities for ten years since 1998. Due to that, I (the brother of the victim) was detained for twice and had a labor education for once, which is I was forced to be detained on May 30th, 2004. (If you want to condemn somebody, you can always trump up a charge)
On July 18th, 2006, I was detained in Beijing again.
On March 21st, 2001, a special case group of four accredited by public security bureau at the levels of provinces came to Liaoyuan, the minister of accident department (two of the members belong to provincial Pointsmen Chief Group, who are original handlers of this case) gave us an unwritten response: Drunk driving is peccancy, but peccancy should not take main responsibility to this accident. Because ‘drunk driving’ has no direct relationship with the death of the victim: the team leader of specialist group, the minister of supervision department of public security bureau at the levels of provinces also said: ‘Drunk driving’ is a fact, but ‘speeding’ is not confirmed.
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