This ordinary truck driver has filed 350 complaints on his behalf since he embarked on the road of safeguarding rights and fighting the "Three Chaos" phenomenon in expressway. His fame is more due to the success of safeguarding rights, and his value is due to countless failures.
The persistence of this ordinary truck driver makes people vaguely see Don Quixote's tragic style. But this cause of safeguarding rights needs more such people. "I hope more drivers will join this struggle like me." This is Wang Jinwu's decision.
A person who admits to death
Don't be fooled by this face: round face, thick eyebrows, small eyes and a little sparse hair. Wang Jinwu, who seems honest, is a person who refuses to accept death in real life. Looking for things to stick to the end and taking the road of safeguarding rights has something to do with his personality.
"I think I am doing public welfare." He told the reporter of Legal Weekly. In 2004, Wang Jinwu was laid off from a state-owned enterprise and was required to be under 35 when he was re-employed. Over-aged, he could only buy a Chongqing Hongyan truck worth 380,000 yuan in partnership with friends in June of that year. "At that time, I borrowed more than 65,438+,and the rest were borrowed from relatives and friends."
At first, it mainly ran the transportation between Xixia, Hubei and Shaanxi. He still remembers the situation when he first entered the business: "At that time, we were punished almost every day, the county was punished, and the knife was bloody-the traffic police punished the over-limit station, and the over-limit station was punished by the transportation management. After the transportation management was punished, there was also the punishment of the road administration department. On the most day, my truck was fined 1700 in Shaanxi and 2000 in Hubei. "
"In 2005, the fine reached 45,600 yuan. I have been running transportation for more than two years and earned 1 10000 yuan. " In the face of heavy punishment, Wang Jinwu was angry and helpless.
Wang Jinwu, who only studied in the first grade of junior high school, bought the Highway Law, Road Traffic Safety Law, Administrative Reconsideration Law, Administrative Punishment Law and other related supporting laws and regulations for self-study. After that, every time he was fined, Wang Jinwu moved out of the legal provisions to see if there was any legal basis for the fine. No matter where the "three chaos" phenomenon occurs, Wang Jinwu will keep the evidence and then complain to the relevant departments.
In March 2005, Wang Jinwu's truck was punished twice by the traffic police department in Yichuan, Henan Province, once in 300 yuan and once in 400 yuan, and only a fine ticket was issued, but no penalty decision was issued.
Wang Jinwu filed an administrative reconsideration with Yichuan County Public Security Bureau on the grounds of irregular procedures. The local public security organ confirmed the situation reflected by Wang Jinwu. Due to this incident, the local traffic police team specially sent representatives to Xixia County to apologize to Wang Jinwu and refund the fine. After successfully defending rights for the first time, Wang Jinwu submitted administrative reconsideration to the traffic authorities in Shangzhou, Shaanxi, Jingmen and Xiaogan, Hubei respectively, and achieved encouraging results.
After many victories in defending rights, Wang Jinwu gradually became famous. Many colleagues inside and outside the province met with the problem of fines, and they asked him for advice one after another, or simply entrusted him with full authority.
The spirit of accepting the principle of death is vividly demonstrated in Wang Jinwu's agency case. It can be said that it is this spirit that makes him win again and again.
"On one occasion, in a county in Henan, the relevant management department said that my car was too long and I had to be fined. My car was clearly not illegal, but they said that there were two witnesses' testimonies and fingerprints as evidence. "In court, Wang asked the witness to appear in court, but he didn't see the witness. After the verdict, he was unconvinced.
"I ran to the court myself and wanted to get the file. Rent a motorcycle and rush to the home of one of the so-called witnesses more than 60 kilometers away to verify. As a result, his family told him that the witness was working in Xinjiang. I asked for my phone number and called. The witness said that there was no such thing, and he didn't even know the fingerprints and testimony. "Wang Jinwu said that because of his perseverance, he was able to win the final victory.
Busy agent
Now, Wang Jinwu said with a smile that he "has become a professional rights protection agent". After 2006, he represented two or three cases on average every day. "2007 was the year with the most serious traffic fines." At the busiest time, he handled the case for three days and three nights. "I must study all kinds of laws and regulations one by one and then check with the agent's case. This is a very hard job. "
Until now, Wang Jinwu, who can't use a mouse, bought a copier, a computer, a photographic tool and other things that he never thought of before. "Entertainment every day, sending and receiving letters, complaints, applying for administrative reconsideration, etc. At night. "
"The cost of various expenses is nearly 30,000 yuan per year." Wang calculated the account for the reporter. Now, his transportation business with his partners has also improved. "I have three cars now." Therefore, such a large agency cost is basically borne by himself. "Agents are generally free. But occasionally someone will pay me an agency fee, which is usually 30% of the fine. "
Why do you have to bear these troubles that you shouldn't have handled yourself at all costs? Wang Jinwu told reporters: "In our line of work, 80% of drivers borrow money to buy cars and transport them, all to support their families. I know their difficulties well. " He once saw a driver crying on the spot with a 8000 yuan ticket issued by the relevant department.
"So I can't refuse these brothers. They want someone to help them, so I will try my best to help them. " After taking the road of safeguarding rights, Wang Jinwu's life and body have changed. He feels worse than before and often feels dizzy.
His life is no longer calm, and his daily social activities make him exhausted. "People often call my house to threaten me and let me pay attention to safety." There are even people from the relevant departments who have been complained about personally going to the Wangs' home and giving him thousands of dollars to cancel the complaint or overturn the previous evidence. "A gentleman loves money and takes it properly. Every complaint I have has a legal basis. " This is his answer.
His wife repeatedly begged Wang Jinwu not to do such unpleasant things again, but he wouldn't listen. "Then she stopped talking and knew my temper."
A tearful winner
On the last day of 2007, Wang Jinwu made a summary for himself: from March 2005, he, an ordinary freight driver, complained about the "three chaos" on Highway 350 for his peers.
On the first day of the new year, Wang Jinwu received many text messages and phone calls from freight drivers. They are still talking about complaining about the "three chaos" in expressway.
According to the relevant regulations of the State Council Office for Rectification of the State Council, the Ministry of Public Security and the Ministry of Communications of the State Council in the State Council, the "three chaos" in expressway refers to the act of setting up stop signs, imposing fines and collecting fees indiscriminately in expressway. Although 80% of the rights protection cases have been successful, Wang Jinwu is still "bleeding in his heart and tears in his eyes".
On February 15, 2007, Wang Jinwu organized 470 Xixia truck owners to sign a letter to the National People's Congress. The joint letter lists three major problems: the traffic management laws and regulations are inconsistent, the traffic department that collects road maintenance fees does not provide basic traffic conditions, and the road transportation regulations have no legal basis.
In May 2007, Wang Jinwu registered a website for rights protection, which was dedicated to uploading candid videos, photos and fine bills. Before each upload, he sent a fax or courier to the fine unit, so many problems were solved smoothly. At the beginning of the website, the click rate of each post was as high as 5000. Later, this website was shut down for various reasons, and Wang Jinwu spent another 3,000 yuan to apply for opening the "Traffic Rights Protection Network".
The confusion of the defender
How much cargo does the truck pull to be overloaded? Should I listen to the traffic police department or the traffic department? This is a problem that puzzles Wang Jinwu.
On the determination of truck load, the traffic police department and the traffic department implement two different standards: the traffic police department determines the load according to the vehicle driving license and the traffic department determines the load according to the vehicle axle.
He gave an example to the reporter of Legal Weekly. For three-axle trucks, the load on the driving license issued by the traffic police department is 2 1 ton. If it exceeds this number, it will be overloaded. Although the operating license issued by the transportation department also indicates that the load capacity is 2 1 ton, the road maintenance fee is charged according to the standard of 30 tons, which is more than the standard of 2 1 ton by 1 ten thousand yuan per month. In other words, the owner pulls 30 tons of goods, which is recognized by the transportation department and considered by the traffic police department to be overloaded.
What puzzles Wang Jinwu is that this will inevitably lead to a problem. Abide by the highway law, but violate the road traffic safety law; Obeying the road traffic safety law, truck owners are unprofitable or even lose money.
In addition, the penalties for overloading vary from place to place, which is quite confusing. According to the regulations of the Ministry of Communications, the load per axle is 10 ton, and the load above 6 axles is 55 tons. However, Henan, Hubei and Shaanxi provinces have their own regulations. This has created multiple standards and people are at a loss.
In 2008, Wang Jinwu intends to continue to carry out rights protection to the end. "I have never regretted it. I just hope that drivers can run more smoothly on the road in the future. I hope more drivers can stand up and defend their rights. My strength alone is limited after all. " At the end of the interview, he expressed his wish.