A Guangzhou court has ruled that photos of traffic violations taken by residents are not admissible as evidence.
Traffic police issued a circular in July 2003 saying that they would reward people who supplied photos that could be used as evidence in traffic cases.
The Guangzhou Intermediate People's Court said on Thursday that taking photographs of traffic violations is an aspect of investigation, and since it is the responsibility of law enforcers to investigate violations it should not be done by residents.
The judgment came after an appeal by a man named Lai, who had been fined 100 yuan (US$12.5) when a photo that showed his car illegally changing lanes on a thoroughfare a year ago was used as evidence.
Lai took the traffic police to the Yuexiu District People's Court, claiming the fine would mean residents had the authority to conduct investigations on behalf of police.
The Yuexiu court declined to hear the case, saying that as the July 2003 circular was not legally binding, it fell out of the jurisdiction of administrative review.
The Guangzhou court upheld the imposition of the fine, saying Lai had admitted to the violation when he was questioned by police, despite defining the photographs that formed the basis of this questioning as inadmissible.
Although his demand to have the fine cancelled was rejected, Lai said he was satisfied because the court had decided against police fines being based on non-official photos.
Some lawyers welcome the ruling, but warned that police could face a flood of litigation from motorists who had been fined on the basis of such evidence.
(Shenzhen Daily December 6, 2004)
