"Zombie car": how to treat alternative urban garbage Experts say the key is to improve legislation and make governance law-based ● there are a large number of "zombie cars" in reality, and the negative impact can not be ignored: on the one hand, it encroaches on public resources and aggravates the problem of difficult parking in cities; On the other hand, there are potential safety hazards, such as the degradation of worn-out vehicles affecting the environment, or affecting the passage of fire fighting and ambulance vehicles ● the definition of "zombie car" is unclear, and there is no clear legal definition. It is difficult to contact the owner or manager, and it is difficult to communicate with the owner, which leads to some difficulties in the governance of this kind of car in practice ● experts suggest to improve the legislation and solve the identification of "zombie vehicles" from the legislative level, including identification basis, procedure, subject (competent unit), etc; At the same time, improve the vehicle scrapping system and strengthen the responsibility of vehicle owners; We should also give play to the "proximity" role of the property and community, do a good job in the daily management of vehicles, and deal with "zombie vehicles" in a linked way Over the past six months, Liu Rushi, a Beijing citizen, has seen a red car every day near a bus stop on the road that must be passed to and from work. The car's body was covered with dust and rust. "This kind of car is like the alternative garbage of a city. It not only occupies public resources for a long time, but also affects the appearance of the city. Why is it left unattended?" Liu Ru's poetry is very incomprehensible. This kind of vehicle, which has been parked in a certain position for a long time, is hard to find and no one cares about. It has an image title - "zombie car". Recently, the reporter of rule of law daily randomly visited more than 10 streets, roads and communities in Xicheng District, Chaoyang District and Tongzhou District of Beijing and found that "zombie cars" are common. These vehicles are generally dirty and messy, and the window glass is covered with thick dust, which looks completely unusable. A number of law enforcement officers and experts interviewed by reporters pointed out that the unclear definition of "zombie car" and the difficulty in communicating with the owner lead to some difficulties in the governance of such cars in practice. In the future, we need to improve the legislation to make the actual governance of "zombie vehicles" legal, and govern according to law through the linkage of traffic police, urban management, community and other parties; In addition, we should also strengthen the management of vehicle registration and scrapping, strengthen the responsibility of vehicle owners, and prevent scrapped vehicles from becoming "zombie vehicles". "Zombie car" is common Crowded parking spaces affect the appearance of the city Recently, the reporter came to the bus stop mentioned by Liu Rushi. Sure enough, he found a red car parked in the section on the back of the platform, the body was full of dust, and the wiper and door were damaged to varying degrees. Because it had snowed not long ago, some snow was piled in front of the wheels. The reporter saw at the scene that not only this "zombie car" was parked on this road, but at least three cars in a row were in a state of dilapidated appearance and unused for a long time. On one of the silver cars, there was also a red advertising paper "collect used cars at a high price", which was damaged in many places due to a long time. There is also a white van with flat wheels. Through the mottled windows, you can vaguely see that the car chairs and other facilities have been emptied. These unattended "zombie cars" have appeared all over the country. Some "occupy" the already tense parking spaces, and some even become the "living place" of vagrants. Xiao Yan, a citizen of Chongqing, is engaged in the second-hand car business. He once rented a parking lot in downtown Chongqing. As a result, he found a black car parked in the middle of the parking lot. Xiao Yan contacted the owner and hoped to buy the car from the owner. After the owner brought the key, Xiao Yan found that the engine of the car burst and the gearbox had to be repaired. The total maintenance cost exceeded the value of the vehicle itself, and finally gave up the acquisition, and the owner was unwilling to cooperate to drive the car away. Due to the impact of subsequent parking, Xiao Yan contacted relevant departments. "After the law enforcement department arrived at the scene, it was found that the car had not reached the mandatory scrapping standard at that time. It was not qualified for compulsory enforcement and had to be parked here. I had to drag the car to a corner." Xiao Yan said. Then something strange happened. When nearby residents passed the "zombie car", they found someone in the car. They thought it was the person who stole the car, so they had a physical conflict with each other. Later, I learned from the police that the other party was a tramp nearby and took the "zombie car" as his place of residence. After the police took the tramp away, Xiao Yan and others didn't take care of the matter anymore. Until the second half of 2021, Xiao Yan once inadvertently opened the door of the car and found that there were traces of people living in it, as well as clothes, shoes, mirrors and other items that had not been used before. On the back of the right front seat, someone also wrote the word "self rescue" with a ballpoint pen. After paying attention, Xiao Yan often goes to check the situation in the car during the day. Although he hasn't seen anyone, the items in the car are changing all the time. "I didn't expect that a 'zombie car' could generate such a strange story. Now it has been several years, and this car must have reached the mandatory scrapping standard, but I think it's too troublesome, and I'm afraid the owner will ask us for a car at that time, so I didn't contact the law enforcement officers anymore. I think it's useless anyway, so I'd better leave it to the homeless." Xiao Yan said. In reality, the negative impact of a large number of "zombie cars" can not be ignored. Huang Haibo, director of the professional committee of traffic management and transportation law of Beijing Lawyers Association, believes that on the one hand, the "zombie car" has encroached on the already tense public resources of the society, exacerbated the problem of difficult parking in cities, and caused a waste of social public resources; On the other hand, there are potential safety hazards. For example, the degradation of old vehicles will affect the environment. Parking on the roads of the community may affect the passage of residents, as well as the passage of fire fighting and ambulance vehicles. The legal definition is not clear There are still problems in real governance In fact, in recent years, some places have paid attention to the problem of urban "zombie cars" and launched special clean-up activities, but "zombie cars" in streets and alleys are still common. What is the reason behind it? According to Huang Haibo's analysis, there are many reasons for the formation of "zombie vehicles": for example, when the vehicle reaches the retirement age, the vehicle owner is unwilling to scrap it for various reasons or fails to scrap it in time for other reasons; If the vehicle is stolen and robbed, the criminals abandon the vehicle at will, and the original owner does not know the whereabouts of the vehicle, so the vehicle cannot be effectively managed or scrapped; If the owner's vehicle has been forgotten for a long time after his disappearance or death; For example, if the owner is not willing to transfer the scrapped vehicle, it is troublesome for him to transfer it. Sun Xiaotong, chief of the press and publicity section of Guiyang public security and traffic administration bureau, Guizhou Province, found that a large proportion of "zombie vehicles" reached the mandatory scrapping standard. According to China's law, there is no limit on the service life of private cars, but many vehicles should be forcibly scrapped if they fail to pass the examination for three consecutive years. However, the amount of mandatory scrapping return is low, and the amount returned for scrapping a vehicle may not cover the expenses incurred in hauling the vehicle to the scrapping company. On the other hand, if the vehicles that need to be scrapped are not scrapped, it will have no impact on the subsequent purchase of new vehicles. This may be an important reason for a large number of vehicles that meet the mandatory scrapping standards to become "zombie vehicles". In fact, not all "zombie cars" can be cleaned up by relevant departments. According to sun Xiaotong, there is no official definition of "zombie car" at present. The so-called "zombie car" is actually an abstract concept. The uncertainty of definition leads to the need to classify and discuss the "zombie car" in practice. "Some 'zombie cars' belong to the state of illegal parking, in which case the traffic police can directly enforce the law. Others' zombie cars' Park in the parking line, and some even pay the parking fee, but they just don't use the vehicle all the time. In this case, there is no punishment standard and punishment basis." Taking vehicles that meet the mandatory scrapping standards as an example, sun Xiaotong said that the road traffic safety law, the provisions on mandatory scrapping standards for motor vehicles, the measures for the administration of scrapped vehicle recycling and other relevant laws and regulations only stipulate that motor vehicles that meet the scrapping standards are not allowed to drive on the Road, but there are no corresponding provisions on whether their parking is legal and compliant, This also leads law enforcement officers to be helpless in the face of a large number of motor vehicles that do not stop illegally but do meet the scrapping standards. Therefore, at present, the law enforcement basis for "zombie vehicles" on the road is mainly illegal parking. In November 2021, Guiyang public security and transportation administration launched a special treatment action of "zombie car" in Guiyang Gui'an for more than months. During the activity, more than 200 "zombie vehicles" were cleaned up, which played a positive role in maintaining road safety and controlling urban congestion. Sun Xiaotong told reporters that the early work of his traffic control department is to clean up the illegal parking, and first contact the owner for notification. If you get in touch with the owner, you can ask the owner to deal with it by himself, and also punish his illegal parking behavior accordingly. If you can't contact, you can only temporarily drag the "zombie car" to a special site for centralized storage. However, a series of problems may arise after centralized storage. Sun Xiaotong said that centralized custody will incur costs, which can only be borne by the traffic management department at this stage. In addition, because the owner cannot be contacted, the storage time is uncertain. If the vehicle is naturally destroyed due to the long parking time, and the owner comes to ask for the vehicle at this time, the law enforcement personnel may be in a "dilemma" and even face the problem of compensation. According to Wang Congwei, a lawyer at Beijing Jingshi law firm, there are two difficulties in managing the "zombie car": one is that it is difficult to contact the owner or management right. The address, telephone number and other information of the "zombie car" in the traffic control department are generally reserved by the owner when purchasing the car, but the owner information may change. Second, it is limited by the procedures and costs of dealing with "zombie vehicles". For example, some vehicles have changed hands several times and have been unable to prove the ownership relationship between the vehicle and the actual owner, resulting in failure to deal with them through normal procedures. Huang Haibo believes that vehicles belong to citizens' private property. There is a certain conflict between the disposal of "zombie vehicles" and the protection of citizens' private property rights, and the boundary between the two is not easy to grasp. If handled improperly, it may damage citizens' private property rights, making it difficult to enforce the law when carrying out clean-up activities. Improve legislation and strengthen identification Multi measures and linkage governance In view of the governance problems of "zombie vehicles", some places have issued more detailed policy documents. On January 13 this year, Liuzhou city of Guangxi Zhuang Autonomous Region passed the regulations on motor vehicle parking, which stipulates the disposal of abandoned motor vehicles: Zombie vehicles parked in public places other than public parking lots, special parking lots and road parking spaces (such as squares, road open spaces, green spaces, etc.), The traffic management department of the public security organ shall drag the "zombie vehicle" to the designated parking place according to the illegally parked vehicle, and then deal with it according to the regulations. For "zombie cars" parked in residential areas, property service providers and owners' committees shall dissuade them. If the dissuasion is ineffective, it may be reported to the relevant departments to deal with it according to law. The regulations of Guiyang city on road traffic safety, which came into force on January 1 this year, stipulates that parking on roads in squares, public parking lots and residential areas shall be occupied