Shanghai gov't apologizes for entrapping drivers
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The Shanghai Pudong New Area government apologized Monday for entrapping innocent motorists in sting operations against illegal cabs, after one man cut off part of his finger in a bid to clear his name.
An investigation had found the former Nanhui District transport supervision team used wrongful methods to collect evidence, said officials at a press conference. Nanhui District became part of Pudong New Area in May.
"An apology is not enough. One must pay the price if one makes mistakes," said Jiang Liang, head of the Pudong New Area government. "We have said here clearly that we have started to investigate those responsible and we accept the need for this.
"We in government cannot promise we never make mistakes, but we must promise we are honest," he said.
Jiang said the conclusion released on Oct. 20 was contrary to the facts and misled the public and media. The Pudong New Area government would set up an investigation team to punish those responsible.
The 12-strong investigation team comprised deputies to the Shanghai municipal and Pudong New Area congresses, political advisors, lawyers, reporters and representatives from communities and enterprises.
The investigation was launched after 19-year-old driver Sun Zhongjie was detained for allegedly conducting an "illegal cab operation" on Oct. 14, after he picked up a pedestrian who asked for a lift.
"I started the car. Three minutes later, at an intersection, a van came from the right side and stopped in front of me," Sun said.
Sun stopped the car and the hitchhiker threw a 10-yuan-note at him and jumped out. He disappeared when several people walked up to him and claimed they were from transport enforcement.
Sun said he was ensnared by the urban management staff who were in charge of investigating unlicensed taxis, or "black cabs".
The pedestrian, Chen Xiongjie, had made a false statement to the investigation staff, said officials at the press conference. Chen was also found to be involved in other cases of entrapment.
Sun's car was confiscated and that evening he cut off a piece of the little finger on his left hand and informed the media to protest his innocence.
Doctors had operated on the finger and he was expected to recover, said officials.
Sun, who left hospital on Oct. 18, wept Monday after reporters told him of the government's conclusion. He was not invited to the press conference and was waiting outside the government building.
He told Xinhua he was "very satisfied" with the result. "They finally proved my innocence," he said.
Sun's lawyer, Hao Jinsong, demanded the Pudong New Area transport supervision team apologize through the media in Shanghai and Henan, Sun's home province, as well as on the national media. The amount of compensation would be fixed after discussions with Sun.
The Pudong urban management authorities on Oct. 20 denied transport supervisors had entrapped the van driver. They had said the transport supervisors' actions were "legitimate," and their methods of gathering evidence were not inappropriate.
"The entrapment-style of law enforcement has no legitimate aim and contravenes legal proceedings," said local lawyer Wang Minghong. "It is an illegal administrative behavior of misusing the power."
It was also found that improper evidence collection was involved in a similar case in Minhang District.
Local driver Zhang Hui had been fined 10,000 yuan (1,464 U.S. dollars) by the district's traffic law enforcement team for allegedly operating illegal cab services after he gave a ride to a sick stranger on Sept. 8.
The Minhang District transport supervision team overturned the penalty on Monday, a district government official said.
Zhang appealed at the Minhang District People's court on Sept. 28, seeking an order for the authority to overturn the penalty. The court accepted the case on Oct. 9.
Those found responsible for unjust determinations and for releasing the investigation results on Oct. 20 would be punished according to regulations, the municipal government agreed at a standing meeting on Monday.
The municipal government agreed to set up a special task force led by the deputy mayor to study transport operations and standardize law enforcement activities.
"The handling of the two cases has given Chinese local governments a good lesson on how to administer according to law," said associate professor Zou Rong, of the East China University of Political Science and Law.
"The administrative departments will be more cautious in future law enforcement procedures and the legal interests of the public will be better protected," he said.
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