Legal information

This case is a typical example of cracking down on “micro-corruption” and procedural violations in traffic law enforcement. The core problem lies in the multiple serious violations committed by Cao, a law enforcement officer from the County Transportation Bureau, and others: First, the subject is illegal, with only one official person leading the team, violating the iron law of "two-person law enforcement"; second, there is a lack of procedures, and a fine is imposed without issuing a penalty decision; third, there are collection violations. A large fine of 2,100 yuan is collected by an auxiliary staff via WeChat without financial receipts, which seriously violates the principle of "separation of fines and payments."

Lawyer Ying Ting pointed out that substantive violations (overloading) cannot serve as a shield for procedural violations. The county government's Administrative Law Enforcement Supervision Bureau quickly intervened, not only ordering corrections and temporarily withholding law enforcement certificates, but also transferred clues to relevant departments, realizing the integration and coordination of administrative law enforcement supervision and disciplinary inspection and supervision. In the end, the person responsible was criticized and educated, and the overall situation was rectified. This case warns: Law enforcement must strictly abide by procedural red lines and put an end to chaos such as "one-person law enforcement" and "WeChat collection" in order to standardize law enforcement and protect the rights and interests of the people and the credibility of the government.

Transportation Failure to issue law enforcement documents and collecting fines on the spot

In April 2025, the Administrative Law Enforcement Supervision Bureau of a county government in Jiangxi received reports from the masses that the county's Transportation Bureau failed to issue law enforcement documents and law enforcement officers collected fines on the spot. In response to the problems reported by the masses, the County Government Administrative Law Enforcement Supervision Bureau carried out supervision in accordance with the law.

After investigation and verification, on April 7, 2025, Cao, a law enforcement officer, Wang, a law enforcement auxiliary officer, and other law enforcement officers at a Supermarket Control Station of the County Transportation Bureau discovered that a truck was overloaded during an inspection. When there were less than 2 law enforcement officers and no administrative penalty decision was issued, Cao fined the driver 2,100 yuan. The fine was collected by Wang on WeChat, and no special note issued by the financial department was issued. The fine was not paid to the financial account until April 15. The behavior of Cao and others violated the Administrative Penalty Law's provisions on administrative penalty procedures and fine collection methods. The County Government Administrative Law Enforcement Supervision Bureau ordered the County Transportation Bureau to rectify illegal acts within a timely manner, analyze the root causes of the problem, formulate practical rectification measures, and simultaneously transfer clues to the problem to the County Commission for Discipline Inspection and Supervision. Under the supervision and guidance of the County Government's Administrative Law Enforcement Supervision Bureau, the County Transportation Bureau temporarily withheld Cao's administrative law enforcement certificate, and in accordance with the opinions of the County Commission for Discipline Inspection, criticized and educated Cao and ordered him to conduct a thorough review. At the same time, warning education and special training are carried out globally to enhance the awareness of administrative law enforcement personnel and prevent such problems from happening again.

Administrative law enforcement in the field of transportation is directly related to the legitimate rights and interests of truck drivers and other groups. In this case, the behavior of the administrative law enforcement officers of the County Transportation Bureau violated many basic requirements for administrative law enforcement, which not only infringed on the people's property rights and right to know, but also undermined the seriousness and fairness of administrative law enforcement. After receiving the feedback from the masses, the Administrative Law Enforcement Supervision Bureau of the County Government quickly verified and accurately characterized it, ordered the Transportation Bureau to make corrections within a period of time in accordance with the law, safeguarded the legitimate rights and interests of the masses, and transferred clues to the problem to the Commission for Discipline Inspection to form a joint force of supervision. At the same time, the county is promoted to establish and improve supporting mechanisms, clarify the boundaries of powers and responsibilities of law enforcement personnel and the consequences of responsibilities, and achieve the effect of "investigating and handling one case, warning one area, and governing one area" through system construction.