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Caught in a web of deceit

By Cao Li (China Daily)
Updated: 2009-10-30 10:31

Jiang Liang, director of Pudong district, apologizes to the public for the 'illegal' entrapment methods used by local traffic enforcement officers against Sun. [Photo by Gao Erqiang/China Daily]

Crackdowns on unlicensed taxis and buses began to emerge in 2000, with the development of public transport in many Chinese cities failing to match the rapid increase in population and demand.

Shanghai enforcement bureau said it seizes around 50,000 illegal cab drivers every year, each of whom face a 2,000- to 50,000-yuan fine under a municipal law implemented in 1995.

In Minhang alone, more than 5,000 black taxis were seized during 2007 and 2008, resulting in fines of more than 50 million yuan, according to figures on the district authority's website.

Districts offer public rewards of up to 600 yuan for tip-offs about illegal cabs but some teams in Beijing and Shanghai have gone further by employing civilians to aid their sting operations.

More than 1,000 people help enforcement bureau officers snare drivers in Shanghai, reported Beijing Morning Post, while one man told China Central Television he made 20,000 yuan a month working undercover as bait for traffic police.

The media attention surrounding Sun's appeal has prompted scores of people to come forward to protest their innocence after being caught in "illegal traps".

Hao Jinsong, a lawyer representing Sun, also said it is estimated several thousand innocent drivers in Shanghai are caught every year in taxi stings. "I have been receiving letters and calls from people across the country, all telling me how they were entrapped," he said.

Zhang Hui, a 33-year-old marketing manager at a Fortune 500 company in Shanghai, said he picked up a hitchhiker who claimed to have a bad stomach in Minhang and was then stopped by enforcement officers as he drove him to the hospital.

The local authority admitted on Oct 26 that Zhang was the victim of entrapment by officers and his punishment was abolished. He is suing in hope of a court ruling that, for the first time, would say the government erred in enforcement.

The Pudong government said yesterday it will accept complaints from people who claim to be victims of entrapment until Nov 3. If upheld, claimants could receive compensation.

The issue of entrapment also came to light in March last year when Chen Sujun, 34, who was acting as "bait" for Minhang officers, was stabbed to death by 21-year-old black taxi driver Lei Qingwen, who had been angry at getting caught. Lei was later sentenced to death with reprieve.

Legal experts say governments waste vital public resources to crack down on black taxies in pursuit of money.

"Law enforcement officers often work with bait to ensnare drivers and then split the fine," said Fu Minrong, a partner with Shanghai Xin Wenhui Law Firm.

Wu Dong, a partner with Shanghai-based M&A Law Firm, blamed the problem on the lack of supervision. He said: "They can fine a driver 2,000 or 50,000 yuan, which gives them too much freedom. In this instance, the fines become a reason for enforcement. Fines for black taxi drivers should be abolished. Instead, officers should simply be allowed to temporarily confiscate vehicles."

Meanwhile, the storm surrounding the entrapment allegations could seriously damage the spirit of goodwill in China, said Hu Xingdou, a professor at the Beijing Institute of Technology.

"If giving a lift to someone is going to land a 10,000-yuan fine, no one will be doing any good deeds," he said. "This illegal practice has been widely applied and it may never have come to the public's attention if it were not for Sun Zhongjie cutting off his finger."

He said the media has shown it plays a key role in overseeing the use of power and should be given more freedom to ensure good practice.

"It is no use setting up another department to oversee the enforcement department. Who is going to watch the supervision department, of which there are already many in China? A clean and transparent government should not be afraid of exposure," he said.

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