The Chinese Ministry of Public Security illegal refuses to process!
My name is XIA Yuanfeng, a Chinese citizen living in Liaoyuan City, Jilin Province.
I am writing this letter to accuse the Liaoyuan Judicatory Departments of bending the law and abusing power.
In 1998, my sister, XIA Lianqun was hit by a speeding car driven by a drunken man, XU Shaoqi. Instead of getting urgent treatment, my sister was left injured on the road and was only sent to the hospital 40 minutes later (The murderer even took his time to make several phone calls while my sister was bleeding and dying). What was more ironic is that the hospital was only 200 meters away from spot where the accident took place! Having not got treatment in time, my sister passed away eventually.
What happened afterward was really beyond my understanding and tolerance. For some reason, the Road and Traffic Administration Department didn¡¯t give XU Shaoqi either criminal or administrative punishment. They released this murderer shortly after the accident and exclaimed that the person had run away, which, of course was a total lie. I was once put into prison because I could not keep my silence and let justice denied.
For 8 years, the related authorities haven¡¯t done anything to investigate the case nor tried to settle it. My sister¡¯s body is still detained in the funeral parlor while the murder is at large.
In the past years, I have dedicated most of my time to appealing to relevant authorities in hoping that the dignity of law would be defended and the rights of innocent people could be protected. I lost my job and spent my saving for that and I because penniless. Now my son has got the Letter of Acceptance for his college education and I can not even afford it.
The following is clearly written in No. 2110153 Road Traffic Accident Reliability Confirming Letter made by Liaoyuan Traffic Accident Handling Group of Pointsmen Detachment on November 30th, 1998:
Confirming Letter of Reliability of Road Traffic Accident
Time: November 13th, 1998 16:40
Place: Thirty meters before Yindu bathhouse on Kuangdian Street
On November 13th, 1998 16:40, Xu Shaoqi (male, 50-year old), an inhabitant of Sunrise 4th Group, Dengta Village, Xi’an District in Liaoyuan City, drove Southern125B mode motorcycle marking Ji D50813 from north to south along Kuangdian Street. When he drove thirty meters south to Yindu Bathhouse, because of drunk driving and speeding, he crashed with Xia Lianqun (female, 41-year old, a worker of Liaoyuan Coal and Machine Factory), who was crossing the road from the east of the road by a bicycle. Xia Lianqun was hurt on the head and died after void salvage of the hospital on the same day.
According to the investigation on spot, it is confirmed that party Xia Lianqun did not implement traffic rules or pay attention to keep away from passing vehicles, which offended The Regulation of the People’s Republic of China on Road Traffic Administration the 58th item in Rule No. 7 and the 3rd item in Rule No.7, and that behavior was the main cause of the accident. Party Xu Shaoqi’s drunk driving and speeding disobeyed The Regulation of the People’s Republic of China on Road Traffic Administration the 6th item in Rule No.26 and The Regulation of Jilin Province on Road Traffic Administration the 7th item in Rule No.46, which was the subordinate cause of the accident. According to Rule No.19 in The People’s Republic of China for Handling Road Traffic Accidents, it was confirmed that Xia Lianqun took the main responsibility to the accident and Xu Shaoqi took the subordinate responsibility to the accident.
Transactor: Gao Jian, Liu Qiang (with name print)
Liaoyuan Traffic Accident Handling Group of Pointsmen Detachment (with cachet)
The deceased who should not have taken responsibility to the accident was not only imposed the responsibility but also forced to pay 100 RMB as penalty:
Road Traffic Accident Punishment Order
Time of Proclaimnation: November 30th, 1998
Party: Xia Lianqun
Female, 41-year old on November 13th, 1998
She has a traffic accident thirty meters south to Yindu Bathhouse on Kuangdian Street, who should take the main responsibility. According to Rule No.20 of The People’s Republic of China for Handling Road Traffic Accidents, she is punished for 100 RMB.
Administrative reconsideration petition to the legal department of higher Public Security sub-bureau is permitted within fifteen days if there is any disagreement.
Statutory delegate：Xiao Tongshan (with name print)
Liaoyuan Traffic Accident Handling Group of Pointsmen Detachment. (with cachet)
This copy is for the punished party. （deceased）
Procuratorate denied the fact on purpose and did not place a case that should be put on record by law:
People’s Procuratorate of Jilin Province Liaoyuan City Longshan District
Notice of Not Placing a Case
(2000) No. 1 of Liaolong Inspection law of Not Series
Xia Yuanfeng sued related people in Liaoyuan Traffic Accident Handling Group of Pointsmen Detachment for Irregularities for Favoritism. According to the censor of procuratorate, no criminal evidence is collected and discovered. We inform you that the case is decided not to be placed according to Rule No. 86 of Criminal Procedure Law of the People’s Republic of China.
People’s Procuratorate of Liaoyuan City Longshan District (with cachet)
July 12th, 2000
Contract with Funeral Home
Contract No. 0000893
Time of arrival of body: April 6th, 1999
Sender: Xia Yuanfeng Add: No. 6 Team in 4 Group of Nankang Street, Longshan District. Tel: __ _ Responsibility of Sender: 1, Be charged for keeping body 2, Make compensation of the losses and damages of public properties in the funeral home. 3, The contract works in Liaoyuan. 4, The fee for keeping body should be settled a day before moving out the body. 5, Invoice is not reissued out of regulated period of time. 6 This contract is executed in triplicate. 7 Be Effective with signatures of both parties.
Service department of Funeral Home management:
Driver: Cui Jinghua Monitor: Guan Yunfeng Add: 83 Xiangyang Street Tel: 0437-3512999 Responsibility of Funeral Home: 1, Be responsible for keeping the body. 2, Pick up the body for free. 3, Friendly negotiation is preferred to solve problems if there is any dissension, if it does not work, both sides can lodge a complaint to People’ Court。
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.
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.
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.
A relative of the peacebreaker said in the office of accident ministry: We just bumped a person to death! It is not a big matter!
The secretary of politics and law ministry advised us to withdraw the lawsuit, and said You have sued in the Ministry of Public Security for eight years, and there will be no change in another eight years! Your case is a small piece of cake in Liaoyuan!
The minister of City Bureau for Letters and Calls said: Only the U.N. can solve the problem……
(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……
What else can I expect?
(Ministry of Public Security)Although I do not deny that the peacebreaker should take on total responsibility of this accident, the written reply of Road Traffic Accident Reliability Reconfirming Letter of making the peacebreaker take on total responsibility is still not worked out. It causes that the artificial irregular grievance has not had a just parlance, so that the body of the inculpable victim is still kept in the funeral home, and can not get cremation.
Meanwhile, I appeal to the international just people who maintain people’s rights and can help me to get justice. Let’s build a harmonious society!
Liaoyuan City, Jilin Province(China)
Brother of Victim: Xia Yuanfeng