CHINA> Profiles
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CHINA> Profiles
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Caught in a web of deceit
By Cao Li (China Daily)
Updated: 2009-10-30 10:31
Sun Zhongjie had to lose a finger to win justice. The teenager experienced 12 days of hell after he was accused of driving an illegal taxi in Shanghai this month and wept with joy on Monday when city officials finally cleared his name. His ordeal may be over, but for the local traffic enforcement authority, which is now under investigation for allegations they use "civilian bait" to trap innocent people, the fight to restore its reputation could take a lot longer. Sun attracted nationwide attention to his plight when he cut off the little finger on his left hand to prove he had been set up on Oct 14. But the spotlight quickly shifted to the Shanghai City Administration and Law Enforcement Bureau for Pudong district after it was forced to apologize for using "improper" tactics to snare illegal, or "black", taxi drivers.
It is the first time a Chinese authority has admitted employing illegal methods to enforce the law and critics claim the problem could stretch far wider than traffic violations. "Entrapment is allowed in China during investigations into certain types of crime, such as drug trafficking. But in Sun's case, he was simply the victim of extortion, which is totally different," said Zhang Peihong, vice-director of the criminal law research commission with the Shanghai Bar Association. Sun, 19, had moved from his home in Shangqiu, Henan province, just two days before his employers at Pangyuan Construction Machinery Engineering Company ordered him to drive a company minivan to Hangtou, a town in Pudong, to pick someone up at about 8 pm. "It was late and there were few cars on the street," recalled Sun. "I saw a man standing in the middle of the road, waving. I stopped the car, and he opened the (front passenger) door and got in without asking. He told me he was sick and cold, and begged me to give him a lift. I started to drive again but, within minutes, a van skidded to a stop in front of me at an intersection."
The van that cut across Sun's vehicle carried district enforcement bureau officers, who accused Sun of driving a black taxi. The minivan was confiscated and the teen was told he faced a fine of 10,000 yuan ($1,400) if the charge was proven. "I went back to my company and I was blamed for the incident. My brother said it was obviously entrapment. I felt so angry and insulted and I cut off my finger," said Sun, who underwent surgery shortly after to reattach the digit.
This week, Sun received an official apology and was promised compensation. At a press conference on Monday to reveal the findings of a second probe into the case, Jiang Liang, director of Pudong district, said traffic law enforcement agents had adopted "improper methods" by paying a man - later identified as Chen Xiongjie - to act as "bait" to trap Sun. "The government has apologized to the public for the incident. The people involved will be punished according to the law," said Jiang. On the same day, the municipal government announced that a new team headed by deputy mayor Shen Jun would regulate taxi operators and investigate any allegations of illegal law enforcement. "The government will firmly ban any illegal practice in law enforcement," the authority said in a statement. Officials with the enforcement department have claimed they face difficulty in collecting evidence to punish black taxis. To prove a case, the passenger in the car must admit to paying the driver, which they will not always do, said a traffic police officer surnamed Cao in Minhang district. When contacted by China Daily, the Shanghai municipal traffic law enforcement team declined to comment and would only insist Sun's was an isolated case and does not prove illegal practices are common. The State Supreme Court stipulates entrapment can be used only to catch drug dealers, although if the method is used they must be spared the death penalty. According to Chinese law, trading 50 g of heroine is punishable by execution. |
