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2011年9月,浙江省海盐县舒先生提起了全国首例因“闯黄灯”遭罚款引发的行政诉讼案。2012年1月和4月,海盐县、嘉兴市两级法院先后判决舒先生败诉。审视本案的证据、事实和相关法律,结合本案的审判过程和判决理由开展研究,得出的基本观点和结论是:闯黄灯有危险,所以要“警示”;但闯黄灯并不违法,更未违反禁止性法律规范;海盐县交管行政罚款无事实依据和法律依据;两审法院在审判程序、认定事实和解释适用法律方面,均存在不当。
In September 2011, Mr. Shu from Haiyan County of Zhejiang Province filed the first administrative lawsuit in China that was fined for launching a yellow light. January 2012 and April, Haiyan County, Jiaxing City, two courts have decided Shu Shu defeat. Examining the evidence, facts and relevant laws in this case and conducting the research based on the trial process and the reasons for judging the case, the basic viewpoints and conclusions reached are: The yellow light is dangerous, so “yellow light” does not Illegal and even violated the prohibition of legal norms; Haiyan County has no practical basis for fiduciary administrative penalties and legal basis; courts of second instance in the trial of the law, the facts and the interpretation of the applicable law, there are inappropriate.