In 2004, Wang Jinwu was laid off from a state-owned enterprise and was required to be under 35 years old to re-employ. Already overage, he could only partner with a friend in October of that year to purchase a Chongqing Hongyan truck worth 380,000 yuan for freight transportation.
"At that time, I took out a loan of more than 100,000 yuan, and the rest of the money was borrowed from relatives and friends." At first, he mainly ran transportation between Xixia, Henan, Hubei and Shaanxi. He still can't remember the scene when he first entered the industry: "At that time, we were fined almost every day. We were fined by counties and counties. The traffic police fined us for standing over the limit, and the transportation management office fined us for standing above the limit. After the transportation management office completed the fine, the road administration department also fined us. The most One day, my truck was fined 1,700 yuan in Shaanxi and 2,000 yuan in Hubei. "The fine for the whole year of 2005 was 45,600 yuan. I only earned 110,000 yuan in total after more than two years of transportation."
Faced with the heavy punishment, Wang Jinwu was angry and helpless. Wang Jinwu, who only went to the first grade of junior high school, bought relevant supporting packages such as the Highway Law, Road Traffic Safety Law, Administrative Reconsideration Law, and Administrative Punishment Law in order to understand what these fines were about. Regulations learn on their own. Every time he was fined since then, Wang Jinwu would check the legal provisions to see if the fine had any legal basis. No matter where he encounters the "three chaos" phenomena, Wang Jinwu will keep the evidence and then file a complaint with the relevant departments.
In March 2005, Wang Jinwu’s truck was fined twice by the traffic police department for the same reason on the same day in Yichuan, Henan, once with a fine of 300 yuan and once with a fine of 400 yuan. They only issued a fine note and did not issue a fine. Penalty decision letter. Wang Jinwu filed an administrative review with the Yichuan County Public Security Bureau on the grounds of procedural violations. The local public security agency confirmed what Wang Jinwu reported. As a result of the incident, the local traffic police team specially sent representatives to Xixia County to apologize to Wang Jinwu and refund the fine. After successfully safeguarding his rights for the first time, Wang Jinwu submitted administrative reconsiderations to the transportation authorities in Shangzhou, Shaanxi, and Jingmen, Xiaogan, Hubei and other places, and both achieved encouraging results.
After winning many rights protection victories, Wang Jinwu gradually became famous. Many colleagues inside and outside the province encountered the problem of arbitrary fines and asked him for advice, or simply entrusted him with full authority. The spirit of accepting death is vividly displayed in Wang Jinwu's case. It can be said that it was this spirit that allowed him to win again and again. "Once, in a county in Henan, the relevant management department said that my car was too long and I would be fined. My car obviously did not violate the rules, but they said that they had the testimony and fingerprints of two witnesses as evidence." In court, Wang Witnesses were asked to appear in court, but no witnesses were seen. After the verdict was handed down, he was not convinced. "I ran to the court myself and tried to get the case file. Then I rented a motorcycle and rushed to one of the so-called witnesses' homes more than 60 kilometers away to ask for evidence. As a result, I was told by his family that the witness was working in Xinjiang. I asked for the phone number and called him. The witness said that there was no such thing, and he didn’t even know about the fingerprints and testimony. "Wang Jinwu said that he was able to achieve the final victory because of his perseverance. Busy Agent Now, Wang Jinwu laughs and says that he has "become a professional rights protection agent."
After 2006, he handled an average of 2 to 3 cases every day. "2007 was the year with the worst traffic fines." During the busiest time, he handled cases for three days and nights in a row. "I have to study various laws and regulations one by one, and then check them with the cases I represent. This is a very difficult job." Until now, Wang Jinwu, who didn't know how to use a mouse, bought a copier, computer, camera tools, etc. without even thinking about it. Something I've thought about. "We socialize during the day and send and receive letters, complain, apply for administrative reconsideration, etc. at night." "The cost of various expenses is nearly 30,000 yuan per year." Wang calculated the calculation for reporters. The transportation business between him and his partners has also improved. "I now own three vehicles." Therefore, he basically bears such large agency costs himself.
"Agency is generally free. But occasionally someone will pay me the agency fee, which is usually 30% of the fine." Why take on these troubles that you should not take care of yourself at all costs. Wang Jinwu told reporters: "80% of the drivers in our industry take loans to buy cars and do transportation, all to support their families. I am well aware of their difficulties." He once saw a driver holding a certificate issued by the relevant department. I was fined 8,000 yuan and cried on the spot. “So I couldn’t say no to these brothers, they wanted someone to help them, and I tried to help.
"After embarking on the road of rights protection, Wang Jinwu's life and body have changed. He feels that his body is not as good as before, and he often feels dizzy. His life is no longer peaceful, and he is exhausted from daily social activities. "People often call my house to threaten me and ask me to be safe. "Some people from the relevant departments that were complained about personally went to Wang's house and stuffed him with thousands of dollars, asking him to withdraw the complaint or overturn the previous evidence. "A gentleman loves money and gets it wisely. Every complaint I make has a legal basis. "This was his answer. His wife repeatedly begged Wang Jinwu not to do such offending things again, but he didn't listen. "She stopped talking after that because she knew my temper. ”
The winner in tears On the last day of 2007, Wang Jinwu made a summary for himself: Since March 2005, he, an ordinary freight driver, has acted as an agent for his colleagues to complain about the “three chaos” on the highway. On the first day of the new year, Wang Jinwu received many New Year greetings on his mobile phone, and he also received many calls from freight drivers. They were still talking about complaints about "three chaos" on the highway. According to relevant regulations of the Ministry of Transport, the "three chaos" on highways refer to the behavior of setting up random stops on the highway, arbitrary fines, and arbitrary tolls. Although 80% of the rights protection cases were successful, Wang Jinwu's "heart is bleeding and his eyes are crying." ”.
On February 15, 2007, Wang Jinwu organized 470 Xixia truck owners to jointly submit a letter to the National People’s Congress. The joint letter listed the inconsistent setting of traffic management laws and regulations and the failure of the transportation department to provide basic toll collection. There are three major issues: traffic conditions and the lack of legal basis for the "Road Transport Regulations". In May 2007, Wang Jinwu registered a rights protection website to upload videos, photos and bills of illegal fines that he had secretly photographed. Send fax or express mail, and many problems were solved smoothly. At the beginning of the website, the click rate of each post was as high as 5,000. Later, the website was closed due to various reasons, and Wang Jinwu spent 3,000 yuan to apply for a "traffic". Rights Defender Network".
Confusion among rights defenders: How much cargo does a truck carry to be considered overloaded? Should you listen to the traffic police department or the transportation department? This is a question that puzzles Wang Jinwu. In terms of determining the load capacity of a truck, The traffic police department and the transportation department implement two different standards: the traffic police department determines the load based on the vehicle's driving license, while the transportation department determines the load based on the vehicle's axle. He gave an example to a reporter from "Legal Weekly", taking a 3-axle truck. For example, the driving license issued by the traffic police department states that the load capacity is 21 tons. If it exceeds this amount, it is considered overloaded. Although the operating license issued by the transportation department also indicates that the load capacity is 21 tons, the road maintenance fee is charged at the standard of 30 tons. This is more than 1,000 yuan higher than the standard road maintenance fee of 21 tons per month. In other words, the traffic department recognizes that the vehicle owner is pulling 30 tons of cargo, but the traffic police department thinks it is overloaded. What makes Wang Jinwu puzzled is that this will inevitably lead to a problem. Problem. The Highway Law is complied with, but the Road Traffic Safety Law is violated; truck owners make no profit or even lose money if they comply with the Road Traffic Safety Law.
In addition, there are penalties for overloading in various places. The different standards are confusing. According to the regulations of the Ministry of Transport, the load capacity of each axle is 10 tons, and the load capacity of 6 or more axles is 55 tons. However, Henan, Hubei, and Shaanxi provinces have their own regulations, which makes people confused.
In 2008, Wang Jinwu planned to continue to defend his rights 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 to protect their rights. After all, my power alone is limited. "At the end of the interview, he expressed his wish.