Chinese Law Prof Blog

Editor: Donald C. Clarke
George Washington University Law School

Wednesday, July 13, 2005

Due process in traffic law enforcement in Beijing, Part 2

On July 1 I posted an item about due process in traffic law enforcement in Beijing. Popular opinion, or at least media pressure, appears to have had some effect. On July 7, the Beijing Traffic Bureau posted a rather defensive FAQ about "remote law enforcement" (非现场执法) explaining that this was all very normal and necessary, and done in other countries as well. The FAQ did not, however, address, much less justify, the practice that had attracted popular discontent, which was the failure of the police to notify violators.

On July 12, the head of the Beijing Traffic Bureau announced that the Bureau would adopt of number of new measures, including notification by mail when a violator had accumulated a total of 12 points in violations (to give you some idea of what that means, exceeding the speed limit by under 50% gets a 200-yuan fine and 3 points). However, it's still not clear how soon the letter goes out after the 12 points are accumulated, and it's still not the rule apparently adopted in Jiangsu, where fines simply stop accumulating after three identical violations until notice is given.

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