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Driver Violently Arrested & Fined For Helping Stranger

shanghai-police-license-plates

黑车 (hei che, black taxi) or 开黑车 (kai hei che, operating a black taxi) is a private citizen that using their private car to make money by giving rides to strangers. Some Chinese will do this to make some extra cash. This is illegal because only licensed taxi drivers and taxis can do this.

From Sina:

Good-hearted white collar arrested for carrying passengers, law-enforcement agency says just discussing money makes one a black taxi

2009 September 15 08:06, Oriental Morning Post.

  • Accused says he earns 200,000 per year, and let a stranger ride his car because he claimed his “stomach hurt”.
  • Accused is “grabbed from behind, an arm around throat”.
  • His post online reposted by Han Han’s blog attracts heated discussion.

The law enforcement method of “using bait to catch black taxis” has incited widespread controversy. Recently, yet another extreme case has been exposed in Shanghai, where a Fortune 500, 200,000/year income white-collar worker made a post online claiming that he kind-heartedly gave a ride to a person on the side of the road who claimed he had a stomach ache and was accused by the law-enforcement agency of “illegally [vehicle] operation”. Not only this, this white collar worker also encountered “arm twisting, throat grabbing” treatment.
This post soon after was reposted by Han Han’s blog [a famous Chinese writer, blogger, race-car driver], inciting heated netizen discussion. Netizens believe, in the face of this kind of law enforcement method, who will dare show kindness in the future?

Front door of the Shanghai Minhang District Traffic Administration Enforcement Division/Unit
Front door of the Shanghai Minhang District Traffic Administration Enforcement Division/Unit
The letter of administrative punishment shows that the accused illegally carried passengers.
The letter of administrative punishment shows that the accused illegally carried passengers.
This payroll/paystub record shows the accused earns over 10,000 RMB monthly.
This payroll/paystub record shows the accused earns over 10,000 RMB monthly.

His income is mentioned because with the amount of money he earns, does he really need to earn money by operating a black taxi?

From XCar:

Minhang Entrapment Recording, Speechless

What is extremely ridiculous is that the Minhang District Traffic Enforcement Unit has a complaint telephone number, and though I know this is like telling a wolf that his son is bad, I still made this call. Yesterday, I received a call back.

[Complaint] Unit: You are XXX?
Response: Yes.
U: Do you already know about your matter?
R: Know what?
U: Your matter of illegally operating a black taxi.
R: What I am appealing to you is that I was not operating a black taxi, I was driving my own car on the road to work.
U: That person wanted to ride your car.
R: Initially I did not let him aboard, but then he said his stomach was hurting very badly, that [where he needed to go] was just ahead, that he couldn’t find a taxi, and begged me to help him a little.
U: You gave him a ride just because he asked you to give him a ride? Did you know him?
R: I did not know him, he said he stomach hurt. Initially I told him that that I am a regular driver and I won’t take him [because he is not a taxi or black taxi], but then my heart softened and I let him get on the car.
U: What does his stomach hurting have anything to do with you?
R: …(silent for a moment)
R: Aren’t you [the government] telling everyone that we’re hosting the World Expo, that Shanghainese people must show their manners? Aren’t we supposed to warmly treat foreign friends and help people?
U: …(two second silence), did you know him? What are you talking about these things for?
R: I am saying the ZF calls on us to do these things, aren’t these what is being promoted to citizens?
U: You let him aboard is intent of illegal vehicle operation [operate black taxi].
R: How can you say this? Then the donations to the earthquake disaster area, did the entire country’s citizens all know those people? I also donated, but I bet you and the Minhang District Traffic Enforcement Unit did not.
U: Don’t drag in these things, if you did not know him, then what did you let him on the car for?
R: I let him on truly because I sympathized after he asked to get a ride because his stomach hurt.
U: You not knowing him but still letting him on means you were operating a black taxi.
R: Those people Lei Feng helped, he did not know any of them.
U: (suddenly exploding) O yo, you compare yourself to Lei Feng, you are really something.

Later there is even more ridiculous and shamelessness…

The complaint telephone line’s continued absurd logic and shameless rhetoric:

U: You should just see this matter this way, just settle the problem, making a fuss is not good either.
R: I do not understand what you are saying, how should I settle the problem?
U: By accepting that even if you are not a professional black taxi operator, your action of carrying the passenger yesterday is operating a black taxi.
R: I already said, I did not accept a single fen [cent] of money, did not intend to let him board, and it was only because he said his stomach hurt and that his house was only up ahead that I let him get on.
U: Enough, enough, this is how it will be, further complaining will be no good for you, you are an educated person.
R: Educated or not, citizens who have not violated the law all have the right to defend their own name/innocence.
U: How can you not even understand this, do you understand what I mean?
R: I don’t understand, you’re trying to say that paying the fine would “reduce a big problem into a small problem, and a small problem into no problem”?
U: Exactly exactly, this way is better for everyone.
R: Then do I still need to pay 10,000 and accept the charge of operating a black taxi?
U: If you continue this way then there is nothing else to say to you.
R: I still want to ask how your so-called “law enforcement officers” are any different from bandits and robbers? Why did they immediately twist both of my arms back and grab my neck [headlock?]? I asked them to present their arrest warrant but they didn’t have one, and then they pushed me onto a van, I asked them to produce their papers and all they did was flash them from afar while covering the names. I did not break the law, so what right do they have to do all of this?
U: That was because you were not cooperating with law enforcement.
R: What law did I break?
U: If you do not cooperate then there is only forceful enforcement.
R: What law did I break?
U: You are suspected of operating a black taxi.
R: If there is only suspicion, then you cannot determine there was a violation of the law. So why did those seven-eight people twist my hands behind my back and hold me by my neck?
U: I told you, you were not being cooperative.
R: If they were law enforcement officers, they should show their papers/credentials/identification, and I would cooperate. Besides, how could I as one person fight against seven-eight people? These seven-eight people immediately pressed me down and held me by my neck the momen they got on, and then pushed me onto the van. This is restricting my physical freedom.
U: This was for your protection.
R: Protect me from what? So absurd, violently coercively twisting my arms behind my back and holding me by my neck is considered protecting me?
U: Of course it is protecting you.
R: There is this kind of protecting? This is violating me, restricting my physical freedom.
U: In the process of enforcing the law, there is even more/worse hitting of criminals.
R: Hitting criminals is also not right, and I am not a criminal either.
U: You were uncooperative, I did not say you were a criminal.
R: Since you admit I am not a criminal, and have said it is only suspicion, then why do you still believe this kind of violent action is correct?
U: Some people who have been caught will find a brick to hit their own heads, or hit themselves against walls, so this was to protect you.
R: I did not hit myself against a wall, nor did I nor would I use a brick to hit my own head. The situation right now is that this group of people violently coercively kidnapped me. Do I need this kind of “protection”?
U: This was for your own good.
R: I seriously think you guys are not being reasonable, much less moral/ethical.
U: You are not listening. Even after I have explained to you, you still are this stupid.
U: I will not say anything more, you look out for yourself…(hangs up phone)….

The above conversation made me truly feel that robbers do not need logic, that wolves who want to eat sheep will not care how they eat the sheep.

I have a telephone recording. I am still pondering how to convert AMR format into MP3 format.
This is an exchange with a relatively sympathetic woman from the Traffic Branch, she admitted:
These law enforcement assistants’ [this means the people who did this to this women are not official traffic police, only hired assistants] behavior of pretending to be passengers tricking cars into giving them rides will earn them an amount of money for each person they catch/arrest (each person they con). I asked Miss Wang if anyone has ever been wrongfully arrested and Miss Wang said there have. I asked what do they do with those who were wrongly arrested and Miss Wang said if they were wrongly arrested, they will forget about it and just let the person and car go. I said then those who were wrongly arrested, is there no compensation/redress for loss? Miss Wang said that there is not much loss for a wrongly arrested driver anyway so releasing the car from custody/impound should be enough to resolve the matter. I said then the arrest was all for naught and the person who was wrongly arrested deserved it?
Feeling that I am unable to be satisfied with this response, Miss Wang said: Of course now there is a national compensation law, and if you are unsatisfied, you can go through legal channels…(official language/speak)

From beginning to end I did not accept a single fen [cent] of his money. It was he who before even getting on the car voluntarily mentioned giving money for giving him a ride . I first said I would not give him a ride, this is a private car [not a black taxi], I am waiting at the red light. He said his stomach hurt, said his home is just up ahead, and my heart softened so I said “okay, get on, but I can only take you up ahead, I have to something I need to rush to work for.”

Comments from XCar:

yongyxu2001:

Minghang entrapment news will be known by everyone. All friends help ding~

guoxiaohui:

JC has gone insane. Shameful to the extreme.

*秋天的童话*:

To not ding this kind of post would be a disservice to our motherland’s brilliant 60 years [anniversary]!!!

空手派:

Download and save. When October 1 arrives, find a loudspeaker and play it. It too can be considered celebrating the anniversary of the party’s country.

东方银欧:

Ding it for each time you see it [this post].
Completely expose these bastards. The best would be if this can provoke the black society [organized crime], so black eats black, so all of them will be knocked out.

stonework:

Strongly suggest you hire a lawyer and go through legal channels.
Even if you lose the lawsuit, you will at least get an explanation/reason.
I remind you: A previous similar case, the driver lost and the reason was because he had signed the tow form.
Did you sign anything?
The judge said, signing is admitting to operating a black taxi. Speechless.

气球气球:

Hope the LZ can fight this to the end!
Ding you!

green_of_june:

This is no longer law enforcement behavior, but rather fraud/swindling for personal gain/interests behavior. I demand that these people’s criminal responsibility be investigated.

mj_1500k:

In this mysteriously land, whoever has power is the law, there is no need for logic/reason…so either bite the bullet or learn from the knight [Yang Jia].

鱼翔天空:

I fight to promote the word “entrapment” for inclusion in the national top ten most popular internet memes of 2009!

EastSouthWestNorth also translated and reported this story.

UPDATE: Sorry, we made a mistake earlier about the sex of the driver. :(

Written by Fauna

Fauna is a mysterious young Shanghainese girl who lives in the only place a Shanghainese person would ever want to live: Shanghai. In mid-2008, she started chinaSMACK to combine her hobby of browsing Chinese internet forums with her goal of improving her English. Through her tireless translation of popular Chinese internet news and phenomenon, her English has apparently gotten dramatically better. At least, reading and writing-wise. Unfortunately, she's still not confident enough to have written this bio, about herself, by herself.

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