The Hangzhou drag racing perpetrator was asked to be arrested, and the charges involved were decided by the court

  Yesterday morning, the Hangzhou Municipal Public Security Bureau held a press conference on the "May 7" traffic accident case. Zheng Xiansheng, spokesperson and executive deputy director of the Hangzhou Municipal Public Security Bureau, answered questions of general public concern and apologized to the public for the "70 yards" (ie 70 km/h) statement.


  Zheng Xiansheng said that the alleged offender Hu Bin has been the same day by the public security organ traffic accident to the prosecution for approval.


  The perpetrator, Hu Bin, takes full responsibility


  Zheng Xiansheng first reported the investigation of the "May 7" traffic accident. He introduced that at about 20:08 on May 7, the perpetrator Hu Bin (male, 20 years old, a student of the Department of Physical Education of Hangzhou Normal University) drove a small car (license plate number is Zhejiang A608Z0), Kong Weiwei, and Yuan ****** respectively drove to Xicheng Square to watch a movie. While passing through the section of Nandu Dejia West District of Wener West Road, the vehicle driven by Hu Bin hit Tan Zhuo (male, 25 years old, registered at Building 9-2, No. 1 Chuangye Road, Puyan Street, Binjiang District, Hangzhou, an employee of Hangzhou Yisai Communication Company), killing Tan Zhuo. After the accident, the traffic police department of the Hangzhou Municipal Public Security Bureau found out that Hu Bin had a traffic violation of speeding, and failed to stop or slow down the pedestrians when driving through the crosswalk, which was suspected of constituting a traffic accident. On May 8, the Hangzhou Municipal Public Security Bureau executed criminal detention of Hu Bin.


  Zheng Xiansheng said that the public security traffic police department has determined that Hu Bin took full responsibility for the accident, and the victim Tan Zhuo was not responsible.


  Zheng Xiansheng said that on May 15, the Hangzhou Public Security Bureau asked the procuratorial organs for approval of the arrest of the alleged offender Hu Bin on suspicion of traffic accident.


  The term "70 yards" is not rigorous and inappropriate


  "It is not rigorous and appropriate for the police department to quote the perpetrator and his companions about 70 yards," Zheng Xiansheng said of the traffic police’s initial determination that Hu Bin’s speed was "70 yards", which caused widespread public skepticism. We apologize for the misunderstanding caused. "


  On the question of whether Hu Bin was "drag racing", Zheng Xiansheng said that according to witness testimony, suspect confessions, video materials and identification conclusions, Hu Bin committed serious illegal speeding behavior. "For traffic violations such as drag racing and illegally modified cars on urban roads that seriously endanger people’s lives and safety, we will always insist on strict supervision and heavy punishment according to law," Zheng Xiansheng said.


  The local police also released surveillance video of the vehicle’s trajectory. It was also revealed that the alleged offender Hu Bin clearly expressed no objection to the appraisal report of the "May 7" traffic accident case, and the family members of the victims have not yet expressed their position.


  Secretary of the Municipal Party Committee:


  I am responsible for the death of Tan Zhuo


  Will be strictly investigated and dealt with with an "iron fist"


  Yesterday, Wang Guoping, a member of the Standing Committee of the Zhejiang Provincial Party Committee and Secretary of the Hangzhou Municipal Party Committee, responded to netizens’ concerns about the "May 7" traffic accident in an online interview jointly held by Hangzhou.com and Zhejiang Online.


  "As party secretary, I also have an unshirkable responsibility for Tan Zhuo’s tragic death," Mr. Wang said. "The party committee and municipal government will investigate and deal with this matter strictly and quickly according to the law with iron determination and iron skills, and strictly prevent such tragedies from happening again in Hangzhou."


  Wang Guoping said that the Hangzhou Municipal Party Committee and Municipal Government have clearly requested the law enforcement departments to immediately start special project rectification actions, resolutely investigate and punish serious traffic violations such as drag racing and speeding, and severely punish the unauthorized modification and change of motor vehicle engines, exhaust pipes and other devices. (Zeng Xiangrong)


  The police explained:


  Whether it constitutes a crime against public safety


  It’s up to the court to decide


  Asked why Mr. Hu had been arrested on "suspicion of causing a traffic accident", Mr. Zheng explained: "This is mainly based on the relevant facts and evidence obtained at this stage. What kind of crime Hu Bin constitutes ultimately depends on the court’s judgment."


  Some lawyers analyzed to reporters that whether the procuratorial organs prosecute for the crime of endangering public safety depends on whether the case meets the constituent elements of the crime. If the constituent elements of the crime of endangering public safety are met, even if the procuratorate does not prosecute the alleged offender for the crime of endangering public safety, the court will do so. (Zeng Xiangrong)


  The sentencing of the two crimes is very different


  Crimes against public security: sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or the death penalty.


  Traffic accident crime: sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; those who escape after a traffic accident or have other particularly bad circumstances shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years; those who cause death due to escape shall be sentenced to fixed-term imprisonment of not less than 7 years.


  Chengdu case:


  One killed and five injured in drag racing


  Car owner charged with "endangering public safety"


  On the evening of April 26, Jiang Jiajun, a son of a wealthy family, was drunk and drove an unlicensed "Humvee" in a serial crash, causing one death and five injuries. The local police asked the prosecutor to approve the arrest on the grounds that Jiang Jiajun was suspected of "traffic accident", but the Chengdu High-tech District Procuratorate decided to approve the arrest of Jiang Jiajun on suspicion of "endangering public safety by dangerous methods".


  The prosecutor described four reasons for the change: driving while intoxicated; speeding, with the speed limit of 60 kilometers per hour on the Second Ring Road, when the suspect was driving at a speed of 80 to 100 kilometers per hour; driving in a series of collisions, which caused serious consequences; and the suspect’s "crazy" behavior, which meets the criminal constitution of "endangering public safety."


  Some legal sources say that the Chengdu drag racing case can be regarded as a model version of the Hangzhou drag racing case.


  Event playback:


  On May 7, Tan Zhuo, a 25-year-old graduate of Zhejiang University, was hit by a speeding Mitsubishi sports car while crossing the road in downtown Hangzhou and died due to ineffective rescue.


  In the early morning of May 8, the incident was exposed on the Internet, and netizens went viral, conducting "human flesh searches" for the perpetrators and their parents.


  On May 8, Cai Qi, mayor of Hangzhou, said: "This is an appalling tragedy. The city’s traffic police detachment should analyze it well and take further measures to strictly prohibit illegal speeding. The perpetrators should be severely punished according to law. Make up your mind to completely solve the problem of illegal speeding."


  On the afternoon of May 8, the Hangzhou police, based on the confession of the perpetrator, said that the speed of the car was 70 yards, which aroused doubts among netizens.


  On the evening of May 8, thousands of people spontaneously gathered at the scene to pay tribute to Tan Zhuo.


  On May 9, the perpetrator, Hu Bin, was detained by the police on suspicion of causing a traffic accident.


  On May 10, the Hangzhou Public Security Bureau said that it would handle the case fairly based on the law to ensure that the facts are clear and the evidence is conclusive.


  On May 12, the person in charge of the Hangzhou Municipal Public Security Bureau introduced that in order to objectively, fairly and scientifically determine the speeding and vehicle modification problems involved in the accident, the public security organ has commissioned the Zhejiang Blue Arrow Product Quality Judicial Appraisal Office to conduct the appraisal.


  On May 14, the accident appraisal report was released, and the conclusion that the speed of the vehicle was 70 yards was overturned. The speed of the accident vehicle on the road section was in the range of 84.1 km/h to 101.2 km/h, and the engine intake and exhaust system, headlights, suspension, tires and rims, and interior of the vehicle had been modified or partially modified on the basis of the original model.


  On May 15, the Hangzhou Public Security Bureau asked the procuratorate to arrest the perpetrators and apologized for the previous 70-yard claim.

  Related links:



  • Hangzhou police identified Hu Bin, the perpetrator of the "drag racing case", as fully responsible for the accident 2009-05-15

  • Hangzhou police for traffic accident to approve the arrest of Hu Bin 2009-05-15

  • Hangzhou police to traffic accident request the arrest of drag racing 2009-05-15

Editor in charge: Peng Wei

Avita’s flagship model is full of innovative configurations, creating a new benchmark for intelligent transportation

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Zhang Ziyi scolded him angrily. Wu Jing Hu Ge was furious on the spot. Why did "shooting on behalf of" black products continue to be banned?

Author | Sandy

"Do not advocate, do not advocate, do not encourage."

On August 30, Ni Ni’s studio used "three nos" when explaining the incident of "being hit by a substitute". This also represents the attitude of most stars that "substitute" is inconvenient but helpless.

Afterwards, Zhang Ziyi sent a Weibo to angrily denounce the surrogate auction, and "surrogate auction" was once again on the hot search. Many celebrities who had suffered from surrogate auction also expressed their disgust with the act of surrogate auction.

"Daipai" is a person who makes money by selling celebrity photos to fans or by rubbing celebrity traffic. It is a complete black product derived from the fan economy.

 

Nowadays, professional "surrogate photography" was becoming more and more arrogant. Long guns and short cannons surrounded the stars to shoot randomly, and some even wanted to put the camera on the stars’ faces, which caused great trouble to the stars. Moreover, surrogate photography venues were no longer limited to airports, but also large red carpets, film festivals, concerts, hotels, program recording sites, and other places where celebrities frequented.

Celebrities are annoying, but "shooting on behalf of" is unscrupulous

Unlike fans, when taking photos, they often don’t care whether the star cares, whether the public order allows it, whether it will affect passers-by, etc., but only press the shutter frantically towards the star’s face.

In addition to Ni Ni, there are many more celebrities who are deeply troubled by airport photography.

From October to December 2019, Xiao Zhan’s boarding was blocked many times due to the interference of "shooting on behalf of", and even caused flight delays. Xiao Zhan Studio stated its position, "does not support or advocate any form of pick-up and drop-off behavior". Xiao Zhan Global Support Association also responded positively, but the number of people "surrounding" Xiao Zhan at the airport has not decreased.

In December last year, Wu Jing was surrounded by many photographers and broadcasters at the airport. Because these people almost hit the child, he scolded in person: "Look at the child there, see? You are really not good, what should you do if you hit the child!"

 

Hu Ge also scolded the filming at the airport due to the same situation, "Say it again, don’t shoot, shoot again!"

 

Zheng Shuang was frantically chased by the surrogate, Angelababy fans were slapped on behalf of others, and Wang Chenyi’s Weibo reprimanded the surrogate "not because you want to take pictures, the whole world has to make way for you". Hu Yanbin also said, "Don’t do any surrogate photography, if you really like it, come by yourself."

According to CCTV coverage, only the T3 terminal of the Capital Airport, there were 20 recorded fan police reports in 2017, and the number of fans was more than 50; from January to July 2018, there were 7 recorded fan police reports, and on April 20 this year, because more than a dozen stars passed through Shanghai, the glass of Hongqiao Airport was crushed by fans.

The fan economy has spawned too many new professions. Like illegitimate people, professional auction also has a relatively complete set of workflows and industrial chains.

 

Search for "shooting on behalf of" on Weibo, Taobao and other platforms, and you can find many people who provide such services, indicate the resident area, note the lens model, and the price can also be negotiated.

According to the Beijing Youth Daily, airport photographers usually pass through security by purchasing air tickets, take photos, and then refund the tickets before leaving the airport. The pictures obtained by shooting will be priced at tens of yuan to hundreds of yuan according to the star’s coffee position and the quality of the pictures. The price of pictures with clear pictures and good content will naturally be higher.

The purpose of shooting on behalf of the buyer is also different. Some are "on the way" to shoot on behalf of the buyer, while others make money by selling photos to fans, picture websites, etc.

 

Where is the legal boundary of "surrogate auction"?

Wang, a lawyer at the National Consulting Law Firm, told Maoyingtv: "If a covered bridge is blocked for taking photos, airport management personnel should take measures to stop the photo-taking, eliminate the nuisance and maintain normal public order. If you do not obey or do this repeatedly, you are suspected of disturbing public order and violating the relevant provisions of the Law of the People’s Republic of China on Administrative Punishments for Public Security, which can be handed over to the public security organs. If the airport strengthens management of this behavior, flight delays can be avoided."

 

Without buying and selling, there is no surrogate auction. Surrogate auction itself is a natural market behavior. If it is not for the frequent hot searches that disrupt public order, it is difficult to say that it is illegal, because whether it is illegal requires the parties to protect their rights and collect evidence. Therefore, the core of curbing surrogate auction is the star himself.

 

In this regard, lawyer Wang of Guozi Law Firm replied: "If a star clearly refuses to shoot, but is still photographed and profits are made, the photographer may be involved in infringing the star’s portrait rights, reputation rights, etc. The star can sue for compensation or ask for a reasonable profit share."

 

An employee at a celebrity’s studio told maoyingtv: "Stars basically don’t sue for filming on their behalf, because the cost of rights protection is too high. Some people mind but no one is so serious."

 

As a public figure, you shoot me but I’m a scissor hand, which means I don’t mind you taking pictures. If you sell my beautiful photos for money, I don’t care if I’m in a good mood, but let me know that the price is too high, I may be jealous and ask you for money. Once you pick a photo of me that is particularly ugly and make a profit, it makes me very uncomfortable for others to joke, and I may sue you for infringing my portrait rights, reputation rights, etc., and you have to compensate me for the money you make from selling photos.

 

On the one hand, the cost of rights protection is high, and on the other hand, it is difficult to get ahead with guns, "Yama is good to see little ghosts and difficult to deal with." So we see that celebrities basically choose to issue Weibo condemnation or berate the surrogate when the shooting happens, and no one uses legal weapons to protect themselves, and the relevant departments will naturally not file a case.

Celebrities under the black production

Some people berate, some acquiesce, some cooperate

 

The prosperity of surrogate photography may be related to the ecosystem of the fan circle that has been formed for a long time. Except for a few official occasions, the number of times that celebrities and fans meet is not very large. If a star enters the group to shoot, the cycle of fans missing will be longer. Therefore, the front-line pictures released from time to time are very much needed in the fan circle.

 

The airport is an active front for the "station sisters" and "station brothers". They carry professional cameras, record the figure of Idol, and post refined pictures on social media to attract fans and support Idol.

 

The station sisters can’t guarantee all the airport shooting of Aidou, and the new profession of surrogate photography was born under this situation. The station sisters have materials to support the operation of the station, and the surrogate photographer can also get paid, "the supply and demand relationship is stable".

 

For celebrities, the airport is also a good place to "do business". The number of airport pickups is a direct reflection of a star’s popularity. When popular stars are struggling with fans to pick up the plane, there are also some stars who are not very popular who ask "professional fans" to pick up the plane, creating a false prosperity scene.

 

In addition, celebrity endorsement products need to be exposed, whether it is Yang Mi, the queen of airport delivery, or Ouyang Nana, the walking "Converse girl", airport delivery is also a reflection of star popularity in commercial value.

 

A senior Weibo entertainment company who did not want to be named toldCat Shadow Entertainment (ID: maoyingtv): "It is true that surrogate photography in public places does more harm than good. Some celebrities choose to speak out, and some choose to be silent and low-key, but there is also a trend that celebrities and surrogate photography cooperate with each other and get what they need. Some celebrity agents or assistants have the contact information of surrogate photography or are familiar with them, and they will also use these surrogate photography for other exposure purposes. For example: communicate with the surrogate in advance to find points, remind the star of the position, dress and posture, and ensure the beauty of the photo. It is definitely not as simple as imagined."

Sometimes, the staff around the star also need to have a good relationship with the photographer, so that the photos can be selected and then circulated, and the star can get positive publicity or sell goods for their respective brands. "Ugly photos" that are not related may be sold to illegitimate fans or even black fans for profit.

A new means of short video drainage and monetization?

What is unexpected is that the generation of celebrities has spread from the rice circle and become a means for some short video users to attract and monetize.

"Finance and Economics World Weekly" mentioned that in an article titled "Ten Thousands of Big Coffee Teach You How to Drainage and Monetization", the author said that the best way is to shoot on behalf of celebrities, one is low cost and high attention; the second is that celebrities are public figures, and they generally have hats and glasses when traveling, which reduces the probability of infringement; the third is that the video is original, easy to be recommended and popular.

 

The station sisters want to convey more timely and fresh materials, the stars need to operate normally, and the ordinary people want to drain and cash out, etc. These are the reasons why the airport shooting still thrives despite the ban of popular stars, studios, and fan official support associations.

 

Although as early as July 2018, the Civil Aviation Administration of China issued the "Notice on Strengthening the Management of Fan Pick-up and Drop-off Phenomenon", it mentioned that phenomena such as "fan follow-up" and "fan pick-up and drop-off causing flight delays" should affect normal work and public security order, and strengthen management.

 

Regarding public order, some relevant departments can solve it by increasing the security of public places, but as long as the interests are still there, the problem of shooting chaos will not be eradicated. For bad shooting behavior, I hope that the injured stars can take the initiative to stand up and use legal means to protect their rights.

 

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