Traffic Police Operated an Unlicensed Vehicle Causing Accident
Victims Failed to Get Compensation for 10 Years
By reporters Jialing Li and Shimin Ren from Yan'an
An accident in Yan'an, Shaanxi Province, has been delayed for 10 years but still remains unresolved.
On April 27, 1999, Cao Shangcai, a villager of Ji Family Mao Village in Chengjiao Town of Mizhi County, hired a truck with the license plate number of Shaan J07305 to transport carved artworks from Yan'an City to Hukou in Yichuan County.
The truck set off that evening. The driver was Shi Xiangwu, and Wang Long sat in the passenger seat. In the back of the truck were Ji Wenyin, Liang Wenhai, and Cao Shangcai.
When the vehicle reached the Qiulin area of Yichuan County, the truck suddenly lost control and plunged into a deep ditch.
In this accident, Ji Wenyin died, Cao Shangcai was identified as having a Grade 7 disability, and Liang Wenhai had a Grade 10 disability.
"Ji Wenyin was only in his thirties at the time, the mainstay of his family," said Cao Shangcai. Later they found out that the vehicle involved in the accident on that day was an unlicensed vehicle operated by Yan'an traffic police Yuan Yanting. The driver was also an unlicensed person hired by him.
After the accident, after a series of operations by Yuan Yanting, Wang Long became the scapegoat, claiming he was the driver responsible for the accident. It was later learned that Wang Long was forced by Yuan Yanting to write a statement taking full responsibility.
Originally, in April 1999, the Wangjiaping Auto Joint Venture Company of Yan'an sold the truck with the license plate number Shaan J07305 to Yuan Yanhai (Yuan Yanting's brother), who then resold it to Yuan Yanting.
Relying on his special status as a traffic police officer, Yuan Yanting had been operating this unlicensed vehicle for a long time. Later, Yuan Yanting bought another truck and transferred the Shaan J07305 license plate to the new vehicle, continuing its operation. After the accident, Yuan Yanting did not go to the scene immediately. Afterwards, he instructed Wang Long, who was sitting in the passenger seat of the accident vehicle, to impersonate the driver and take responsibility.
Later, the Yichuan County Traffic Police Brigade pursued Wang Long everywhere. Eventually, Wang Long confessed the truth: "Actually, the driver that day was Shi Xiangwu." Originally, Yuan Yanting had hired thugs to illegally detain him and forced him to sign an IOU for more than 200,000 yuan. Afterwards, Yuan Yanting made both Wang Long and Shi Xiangwu flee from Yan'an.
Wang Long provided the hiding place of Shi Xiangwu, and subsequently, the traffic police captured Shi Xiangwu. In front of witnesses, Yuan Yanting admitted that Shi Xiangwu was the real driver responsible for the accident.
On August 14, 2000, the Yichuan County People's Procuratorate prosecuted Shi Xiangwu for traffic manslaughter. On April 10, 2001, the Yichuan County People's Court made a first-instance judgment, sentencing Shi Xiangwu to three years in prison, suspended for four years.
At the same time, Shi Xiangwu was ordered to compensate Cao Shangcai 23,759.85 yuan RMB. Yuan Yanting, who was sued jointly, was also required to compensate Cao Shangcai 23,759.85 yuan RMB.
Because the vehicle had never been officially transferred, the other party involved in the accident, the Yan'an Wangjiaping Auto Joint Venture Company, was ordered to compensate 90,137 yuan RMB to Ji Wenyin's wife, Cao Fenglian. The defendant Yuan Yanhai was ordered to compensate Liang Wenhai 10,813.77 yuan RMB.
Considering the case had already dragged on too long, Cao Shangcai accepted the verdict. However, the joint venture company was dissatisfied with the verdict and appealed. The Intermediate People's Court of Yan'an overturned the first-instance verdict due to unclear facts.
On December 5, 2001, during the retrial, the court ordered defendants Yan'an Wangjiaping Auto Joint Venture Transportation Co., Ltd., Shi Xiangwu, and Yuan Yanting to jointly compensate Cao Fenglian and others 143,075.92 yuan RMB. Specifically, Yan'an Wangjiaping Auto Joint Venture Transportation Co., Ltd. would compensate 100,153.14 yuan RMB, Yuan Yanting 28,615.19 yuan RMB, and Shi Xiangwu 14,307.59 yuan RMB.
Cao Fenglian should receive 89,462 yuan RMB, Cao Shangcai should receive 45,155.19 yuan RMB, and Liang Wenhai should receive 8,458.73 yuan RMB.
For this judgment, Yan'an Joint Transport Company remained dissatisfied and appealed again. Even after the final appeal decision, Yan'an Joint Transport Company continued to appeal. When the case file was returned to the Yichuan County People's Court for retrial, on July 19, 2005, the fourth retrial verdict was made, absolving Yan'an Wangjiaping Auto Joint Venture Company from liability in this accident. Shi Xiangwu compensated Cao Fenglian 85,473 yuan RMB, Cao Shangcai 45,104.89 yuan RMB, and Liang Wenhai 8,287 yuan RMB. Meanwhile, Yuan Yanting bore joint liability for Shi Xiangwu's compensation to Cao Fenglian, Cao Shangcai, and Liang Wenhai.
After the judgment took effect, the inability of the compensators to fulfill their obligations caused dissatisfaction among the victims, leading them to start petitioning.
This matter later caught the attention of Zeng Lan, the Secretary of the Political and Legal Affairs Committee of Yan'an Municipal Government, who required the Yan'an Public Security Bureau to investigate and verify the situation and handle it appropriately.
Under mounting pressure, Director Chuanhu of the city's traffic police detachment made a handling opinion, suggesting that the Discipline Inspection Commission and Supervision Department impose serious penalties according to relevant laws and regulations for Yuan Yanting's violations.
But until now, the victimized parties have still not received any compensation.