On August 17, our newspaper reported on the situation where traffic assistants in Kunming wore uniforms similar to those of traffic police officers while performing their duties, which raised public doubts about its legality. After the report was published, it caused a significant reaction in society, and many readers contacted our newspaper to reflect that not only did the traffic assistants wear clothing similar to police uniforms, but they also enforced laws on the streets without proper qualifications, even penalizing traffic violators.
"Actually, by observing the gestures used during traffic direction, one can generally distinguish between a traffic police officer and a traffic assistant," suggested an internet user named "After the Music Ends" regarding the confusion caused by the similar uniforms worn by traffic assistants and traffic police in Kunming. "After the Music Ends" explained that there is a significant difference in the gestures used by traffic assistants and traffic police officers when directing traffic. The non-standard and non-conforming gestures used by traffic assistants are "a major distinction" between the two.
Misunderstandings Caused by Non-Standard Gestures
Not long ago, Mr. Li encountered being misled by a traffic assistant while driving at the intersection of Chun Cheng Road and Yong An Road in Kunming. "Seeing the forward gesture made by the traffic assistant, I was stopped while attempting to turn right," said Mr. Li. This particular intersection had a straight lane and a right-turn lane. At the time, many vehicles were congested together. Seeing the forward gesture from the traffic assistant, Mr. Li started his car and moved forward. However, he was stopped in the middle of the road by the traffic assistant who informed him that his behavior was in violation of regulations and requested his driver's license and vehicle registration.
Mr. Li believed the traffic assistant's gesture indicated for him to proceed, but the traffic assistant claimed that he was signaling him to stop and wait. Due to the disagreement over the interpretation of the gesture, both parties were at a standstill. "Soon after, a traffic police officer arrived, understood the situation, looked at the scene, and then allowed passage."
Recently, Mr. Feng was preparing to turn left into Kun Shi Road while driving through the crossroads in front of Bai Hui Mall on Dong Feng West Road. However, due to heavy traffic at the intersection, a traffic assistant stopped Mr. Feng's car and let the cars crossing horizontally go first. Hearing honks from behind, Mr. Feng moved his car forward slightly. Later, seeing the traffic assistant wave his hand, Mr. Feng assumed he was being signaled to proceed and directly turned into Kun Shi Road, only to be stopped by a traffic police officer who stated that he had violated traffic rules and was given a warning. Although the penalty was not severe, Mr. Feng felt uncomfortable, believing it was caused by the non-standard gestures of the traffic assistant.
"The gestures of traffic assistants are too casual; often, it is impossible to understand what they are trying to express," said citizen Mr. Zhong. Traffic assistants should assist traffic police in maintaining order under the guidance of the police, but at many intersections, traffic assistants are seen directing traffic alone. "Relevant departments should pay attention to the management and training of traffic assistants. Wearing uniforms similar to those of traffic police but using extremely non-standard, incomprehensible gestures to direct traffic causes great damage to the image of the police."
Irregular Behaviors During Duty
Kunming lawyer Gui has personally witnessed some irregular behaviors by traffic assistants during their duty. "Once passing through Dou Fu Ying, I saw a traffic assistant directing traffic. Normally, straight-moving vehicles are allowed to pass first, followed by left-turning vehicles, but this traffic assistant seemed to lack basic traffic knowledge and hesitated, resulting in a chaotic situation," said lawyer Gui.
Penalties Challenged
With the unified attire of Kunming's traffic assistants on the roads, not only do their uniforms resemble those of traffic police, but they also perform tasks such as directing traffic, correcting violations, and even stopping vehicles and issuing fines, effectively fulfilling the role of traffic police.
Not long ago, Mr. Sha went to the Southern Bus Terminal to pick up a friend from Yuxi. When the two were riding an electric scooter to a fork in Guangfu Road, they were stopped by a "traffic police officer."
"Violation of carrying passengers, please show your driving license."
When Mr. Sha presented his driving license, this "traffic police officer" said he would impose a fine of 20 yuan.
"Can you show me your police ID?" When Mr. Sha expressed his desire to check the relevant documents, it stumped this "traffic police officer."
Subsequently, the traffic assistant found a traffic police officer who was on duty across the road...
Miss Wu from a certain organization also had a similar experience.
One day, Miss Wu was riding an electric scooter with her younger sister when she was stopped by a traffic assistant at the Mi Le Temple intersection.
"Are you a traffic police officer or a traffic assistant?" Miss Wu asked.
"Why do you ask so many questions?" This traffic assistant said as he pulled out a book resembling a traffic penalty form and a pen from his bag.
"You are not a traffic police officer, you have no authority to penalize me." Miss Wu pointed out upon seeing the arm badge of this traffic assistant.
Due to Miss Wu's questioning of his law enforcement qualifications, this traffic assistant had a heated argument with Miss Wu.
Subsequently, the traffic assistant demanded that Miss Wu present her driving license and ID card, both of which were refused by Miss Wu.
"Traffic assistants are only responsible for assisting traffic police in conducting work and maintaining traffic order, and do not possess law enforcement qualifications or the authority to check documents," Miss Wu said.
After a heated debate, Miss Wu was allowed to proceed.
"Not Possessing Law Enforcement Qualifications"
"Not possessing law enforcement qualifications means one cannot enforce laws arbitrarily," said a civil servant working in a political and legal department who wished to remain anonymous. Allowing traffic assistants to fulfill the duties of traffic police violates the Administrative Law. Because the Administrative Law clearly stipulates that administrative authorization must be granted to administrative agencies or public institutions acting on behalf of administrative powers. Traffic assistants do not meet the qualifications of administrative entities. Their responsibilities mainly involve assisting traffic police in maintaining traffic order at intersections, and they do not possess legal enforcement power.
Peng Jingxuan from the School of Law at Yunnan Nationalities University once stated in an interview with the media that traffic assistants do not have administrative subject qualifications, and their function is mainly to assist traffic police in managing traffic. Therefore, they should not have law enforcement power.
Regarding the phenomenon of traffic assistants frequently enforcing laws despite lacking law enforcement power, lawyer Wan from Kunming believes that, from a legal perspective, the responsibilities of traffic assistants are defined as assisting traffic police in conducting law enforcement, directing traffic, dispersing vehicle and pedestrian flows, etc., but they themselves do not possess law enforcement power or the authority to penalize traffic violations.
"Directing traffic and other various tasks should strictly be carried out by traffic police; traffic assistants can only assist traffic police in their work," said lawyer Wan. Police is a special profession with relatively high requirements in all aspects. In terms of current conditions in Kunming, factors such as road infrastructure, the compliance awareness of traffic participants, the continuous expansion of urbanization, the development of automobile industrialization, and some management measures taken by traffic police during law enforcement all influence Kunming's traffic order. Relevant departments should indeed strengthen the management of traffic assistants.
Regarding the responsibilities of traffic assistants, the Ministry of Public Security's "Guidelines on Strengthening the Construction of Auxiliary Personnel Teams" (hereinafter referred to as the "Guidelines") has already made clear provisions: Under the guidance of traffic police, traffic assistants may undertake the following work: Maintaining road traffic order and dissuading traffic safety violations; maintaining the order at accident scenes, protecting accident scenes, and rescuing injured personnel; conducting traffic safety education and publicity; promptly reporting traffic and public security situations on the road and other important situations; accepting public assistance.
At the same time, the "Guidelines" also clarify that traffic assistants must carry out work under the leadership of traffic police.