Yesterday (26 days), "in 2008 ten major constitutional example" Award Announced events, "Sanlu poisonous milk powder incident" was elected the ten constitutional example first, at the same time, Beijing motor vehicle limit has also selected ten constitutional example second.

Professor Xiong Wenzhao of Minzu University of China law school, said the analysis, "Sanlu" poisonous milk powder incident is China Dairy "9 · 11", is the parents "9 · 11", this refers to the rights of life and health. Xiong Wenzhao criticized, the Sanlu milk powder incident, the government responsibility can not be avoided, regulatory authorities have failings, food free system means that the government gave up the supervision, essence is not as.

The selection of activities organized by the Renmin University of China Center for constitutional and administrative law, constitutional development fund of Xu Chongde. (reporter Guo Shaofeng)

　　

The ten constitution

1, the Sanlu milk powder incident

2, Beijing motor vehicle limit line

3, Guangdong court enterprise prohibit employees out against the spirit of the Constitution

4, Chongqing taxi collective outage events

5, Liang Guangzhen is the event the two representatives of the National People's Congress

6, the movie "apple" banned

7, "the CPC Central Committee on rural reform to develop certain major issue decision" to allow the circulation of rural land use right

8, on the basis of "lawyer law" lawyers met the party rejected

9, Guizhou Wengan County group events

10, the State Council for the earthquake victims in Wenchuan set up a national day of mourning

 Conference contents

The first unit:Professor Chen YunshengSpeech stages: chair

                    Professor Han DayuanComments: stage of host

The first field:Sanlu milk powder incident []

Professor Xiong Wenzhao:

The first relates to the issue of human rights,The public attention to the right to life and health,Is the most important in this case from the perspective of the Constitution in focus,The Sanlu milk powder incident can be regarded as China dairy9.11.Health problems in children in09Years will continue to pay attention to,Worries about children is the case was named08The key ten constitutional example of the first case, protect the rights of life and health are fully borne by the enterprises have no possible, whether the government needs to help.

Secondly,Governments and regulators have no dereliction of duty, are as. In the tainted milk exposure for the enterprise government still talk,Worthy of reflection. Administrative work should be people-oriented, for people to consider.

Associate professor He Haibo:

In this case the significance not only lies in the impact on the economy,Also relates to areas such as food,Is the ideal case interpretation of the Constitution.Worth thinking are as follows:

The first:In this case the incident,The government actively response,Start the corresponding emergency measures of food major accident,But the court lack of field,To the victim's compensation request will be rejected.

Second:The relationship between central and local governments.

Third:The state responsibility covered,Mainly for the government's dereliction of duty, the negligence of supervision.

Last:Operation of government still prototype system, the compensation process is not transparent, not open to public administration.

Second field:[the court found enterprise prohibit employees out against the spirit of the Constitution]

Professor Wang Lei:

In this case, the expression is not accurate, should be emphasized as a violation of the constitution spirit, itself is the administrative litigation cases, only the court judge in the paradigm of logic part of the application of the constitution. Should pay attention to the problem1The constitution Is it right? Method2The relationship between the Constitution and the law. It is the court judge in logic part of the application of Constitution: in the judgment is just mentioned, is not applicable.

Professor Zheng Xianjun:

First:The constitution is very strong color, relates to the constitution article38The provision of personal freedom, out of the personal freedom of citizens, extended enterprise employees out of personal freedom, which belongs to the freedom of action. Restrictions on personal freedom, if the enterprise has the right to restrict?Restrictions on the basis of what?From the subject, purpose, enterprises can not restrict.

Secondly:Also related to the effectiveness of the basic rights, although is the administrative litigation, but in essence is the effect problem.

Last:Whether the court has the qualification to apply the constitution, the preamble to the constitution of obligations to maintain the authority of constitution, so the decision enterprise violates the constitution spirit is within the scope of their duties. But the question is whether the court is in the interpretation of the Constitution? The procedure is justified?

Third field:[Beijing] motor vehicle limit line

Zhan Professor:

First:What is the limit order?Who is the main issue?In accordance with the laws and regulations, notify the resolution at all levels of government powers or functions,The government has the power to issue.

Secondly:Content limit order content:

 1The government can not be released?Should handle what relationship? Whether the legal authorization?Whether it is proper?Need to let people know what is the foundation of legitimacy. Instead of relying on government regulations to citizens set special rules. The basic rights to Citizens Bank Limited,This is a constitutional question,Can not limit,Even if there is a legal basis to slavery also needs to have a compensation mechanism

2The refund is not compensation? Not, because it is itself should not pay.

Third, public policy and public policy issues, involving the public participation in democratic and scientific problems

Fourth, the government used to use coercive means, Is it right? Rewards methods to match.

Associate professor Gao Qinwei:

First:Limit line is a constitutional question? Composition. Limit line of property violation,Is a typical constitutional issues.

Secondly:The legal basis. During the Olympic Games to limit requirement has legal basis, is a provision of the Standing Committee of the NPC, and9Month28The present circular, controversial because there is no legal basis. According to "road traffic management measures" for the specific measures,Cannot be applied repeatedly

Last:On procedure, this limitation on property right can be solved through the democratic vote? Can't.The scientific problems to be experts and other factors.

Fourth field:[Chongqing, collective taxi outage events]

Professor Liu Shen:

There are three key words in this case:1The car money.The car money was collected for rental right operating right management fee, is to use the government to the franchise and exploitation to the taxi driver.2The black car.Associated with the taxi monopoly, the main problem is about the taxi management mode, management fees are too high and become the exploitation, the government to review their own.3Taxi Association.Bo Xilai met the taxi driver asked the Taxi Association,Have a greater tolerance of the freedom of association, handling events to help the government better, timely communication. Treatment is very flat and government in this event, the association is the CPPCC members put forward, is a positive signal.

Professor Fu Siming:

Since the establishment of the new Chinese, there have been a number of strikes, the provisions of the constitution of the freedom to strike, but82Year cancelled,Cancellation reason1Public ownership2Do not need to fight.The case makes us realize that the strike is a way to express interest, two conclusions can be drawn,1In the ruling idea of the Communist Party of China, to respect the right of citizens to express.2At present Chinese need to do in this regard is to well implement citizen rights in demonstrations, strikes and maintain the social and economic development to achieve a balanced.In order to show the development of constitutional democracy China dawn.

Fifth field:A deputy to the National People's Congress [beam anzhen two events]

Professor Xue Xiaojian:

Related to the principle of equality of the electoral law in this case, the principle of equality as the golden rule of the election, is singular representation principle. Redistricting problems, cannot be in more than one region. The provisions of the electoral law to rough, should be confirmed and registered in more detail.

Associate professor Li Yuanqi:

This is the very strong color problem. Should make reflection,1The legislation work how to comply with the legal and constitutional requirements, consider the problem of too thick, easy in practice, so to think about how to better meet the practice.2To improve the existing system,The conflict resolution mode.3Law enforcement work, motivation and purpose impure.4Reflection on the constitutional research, propaganda, education,Should choose a method to carry out.

 

 

Unit second: Professor Wu XinpingSpeech stages: chair

      Professor Li ShuzhongDiscussion: chair

Sixth field:[the movie "apple" banned event]

Professor Yang Jianshun:

First:The film comes to freedom of expression, what should or should not regulate it?Who rules?How to regulate?To regulate what the form of the works?These four aspects should be given adequate attention. The affirmation of freedom of expression, has the value of self realization, constitutionalism in the middle-aged should be in the superior place, should be a higher priority.

Secondly:The need to limit: to consider the public interest, the rights of others, the need for self development. Prior restraint is wrong, the SARFT restrictions are too broad, regulations. Emphasize the regulation should be specific, not generalities.LRAThe benchmark should be carried through to the end,Should be the maximum respect.

Last:"Apple" is after the broadcast of the banned, after the first cut after the release, then banned,This Is it right? Constitutional liberty?Whether to limit should be the artist with artistic perspective to judge the.

Associate professor Xie Libin:

First:The constitution, the radio leadership that age of insulting description, afraid of the government in foreign countries.

Secondly:The constitution, relates to the provision of basic rights, citizens have freedom of artistic creation, in this case the rights is restricted or even infringed upon, because be banned. But there are political factors, expressed the writer's political orientation, about labor rights issues. The State Administration of radio film not only did not promote but such restrictions, in violation of the constitution article22Article.

Seventh field:[of the CPC Central Committee on rural reform to develop certain major issue decision to allow the circulation of rural land use rights]

Associate professor Liu Suhua:

The pricing problem of rural land the decision rules, the land becomes a big problem. Deep social background. The local government is working as a mandatory, is very important for protecting the rights and interests of farmers. The second is clearing the land property rights, property rights clarity on the economy and the protection of resources is very obvious.

Professor Gan Chaoying:

Property right is the key of ownership, of which the most important is the disposition right, farmers get their contract right of disposition,The Lord cannot change right.Secondly the decentralization if limited no significance in the short term, rural land ownership is private, because the household contract responsibility system in China, is a material basis of democratic lay, permanent tenancy rights of farmers.

Professor Wu Xinping:

Emphasizing the transfer of the right to use,Called for the establishment of the relevant legislation,The perfect correlation system.

Seventh field:On the basis of "lawyer law" [lawyer met the party rejected event]

Professor Mo Jihong:

The case has exposed the constitutional system design itself has a lot of problems, mainly relating to the Constitution62With the67Article. At present, the Constitution and the laws of the people's Congress if formulate or amend the basic law and the National People's Congress runs, the latter priority.The legislation law68Article1From the perspective of legal supervision, National People's Congress Standing Committee of National People's Congress, superior. NPC Standing Committee if the drafting or revising the basic law law and National People's Congress counter, the NPC Standing Committee and a. In practice, the legislative law90The provisions of the Standing Committee of the NPC, not censoring ourselves. So in this case should be in accordance with the law to do. In order to solve the problems in practice, should amend the constitution.

Associate professor Hou Meng:

The differences between the two law1Lawyers and lawyers involved in the earlier2The lawyer law, have the right to meet the criminal provisions, can meet with the parties. If it relates to cases of conflict between the prosecution to the court, the legal proceedings shall be suspended, submitted to the Standing Committee to explain, at this time need to consider the Standing Committee and the people's Congress is an organ or two, if is a, according to the special law is superior to general law, if it is two, is the problem. If the Standing Committee explained in words, then who is to judge the basic principles of the Standing Committee of the interpretation is in violation of criminal procedure.

Associate Professor Pei Liang Shangguan:

From the view of the world,The right of action is the basic rights of citizens. According to the Constitution125The provisions of article and respect for human rights protection principle can be launched the same suit right of our citizens. The Constitution and legislation law not divided into the limits of National People's Congress and the Standing Committee of the authority, therefore cause confusion. Proposal:As soon as possible or to explain the legislative law,The Constitution and other laws boundaries.

Ninth field:[Guizhou Wengan county the unexpected events of the group]

Professor Liu Shanchun:

This invention relates to a basic civil rights and obligations. The fundamental duties of citizens is the only non violent or non violent means to exercise their constitutional rights. The basic rights of citizens can not only talk about.

Secondly,Why the intensification of contradictions? The reason behind is the key to analysis of cases. From the government and the public security departments, the rights of citizens is the first. The government should respect the wishes of the people first in the process procedure and entity in. A series of intensified behavior is decided by the attitude of the government, did not consider for the people.

Third,The public security organs to confirm the cause of death the little girl, the due process clause is too little, should be introduced in due process, for example by hearing system. One of the differences between eastern and western legal civilization is our due process too little.

Fourth, confirm the public security organs, in the evidence law, should have a certain evidence to make a record, in the process of administrative law enforcement, administrative procedure evidence to make sufficient evidence, or do not good.

Fifth,The citizen's right to know and information disclosure system, the government of Guizhou should adhere to governing for the people, process and information disclosure. And Chinese government always high again, not running.

Last,To be especially careful police to exercise the powers, functions is to catch criminals, two is the service function.

Ren Jin Professor:

The complainant to standardized methods, letters and visits, to express their demands. Involved in the Constitution27And41Article. The case has brought five inspiration to us:1The local government ruling ability construction. Party committees at all levels of government should be concerned with people, listen to people, for their services. This event is the root of the government as.2Construction organization of cadres at the basic level and capability to handle emergencies. Attention to the problem,The government, judicial, law enforcement should perform their duties.3To solve the reasonable demands of the masses. Time can not solve the patience explanation.4Strictly implement the accountability system of the petition work.5Adhere to the law in accordance with the policy to solve the problem.

Tenth field:[the State Council set up a national day of mourning for victims of Wenchuan earthquake]

Professor Wang Chengdong:

First:In this case Is it right? Constitutional event? Our interpretation is from political science, sociology. This case is a constitutional event, because it reflects a higher level of constitutional interpretation of the metaphysical. Just before that the constitution is the government organization system, but in fact the Constitution itself is for people living more value and dignity of service, therefore, in this sense, the establishment of a day of mourning for ordinary people is reflected on the ordinary people of respect for life, but also reflects the government practice of ordinary human dignity or humanitarian. The constitution is the interpretation of specific rights, right of personality right in comfort, not the individual, but for most people is not specific to comfort. The scheme consists of expert proposal proposed by the State Council, reflects the people's Congress once again lost function,Never in its rightful position.

Lianfan Professor Deng:

This case as the reason for the event: the constitution embodies the constitutional principle, culture, spirit, value. The establishment of mourning reflects the respect for life, for life culture growth, cutting and revolutionary culture,The dignity of the individual noble countries and there is.

 

Appendix: a brief introduction to the 2008 ten constitutional example alternative

 

 

1, the movie "apple" banned    In January 3, 2008, the State Administration of radio film "the apple" revoked "license for public projection of films", stop the movie in the theater and issuance, network communication, and make earnest processing to relevant responsibility person. The reason is that the tablets containing pornographic content.   2, big department system reform    On March 15, 2008 morning 6 when, a meeting of the eleven National People's Congress fifth plenary meeting voted through institutional reform program of the State Council decision. A total of 15 mechanism relates to changes, is at the ministerial level to reduce 4. In addition to the general office of the State Council, the State Council is composed of the Department set up 27.   3, Guangdong court enterprise prohibit employees out unconstitutional    Migrant workers Wang Denghui car accident on the way to work, with Wang Denghui violated the "regulations prohibiting staff accommodation" unauthorized outside refused to pay medical expenses. Wang Denghui apply for labor arbitration, labor departments identified as work-related injuries, the company in the dock. In 2008, the court civil bold quote the constitution enjoys the right of personal liberty, provisions of freedom of residence rights, decided that the company prohibits employees out contrary to the spirit of the constitution.   4, the State Council for the earthquake victims in Wenchuan set up a national day of mourning    Xinhuanet.com Beijing in 2008 May 18 report: to express Chinese people's deep mourning to the Sichuan Wenchuan earthquake victims compatriots, the State Council issued today, decided in May 19, 2008 to 21 may as a national mourning.     5, a firm request for legal review to "Regulations" book publishing management    The people's Republic of China General Administration of press and publication in December 26, 2007 through February 21, 2008, announced the "book publishing management regulations". Beijing City, a law firm to the letter said, "book publishing management regulations" the provisions and the "administrative licensing law", "administrative punishment law", "regulation on the administration of publication" and other state laws, administrative regulations conflict.   6, on the basis of "lawyer law" lawyers met the party rejected (reason: the NPC Standing Committee amended "law" and the National People's Congress enact the "Criminal Procedure Law" in conflict) In July 16, 2008, a Beijing lawyer told reporters, according to the new lawyer law article thirty-third of criminal cases was requested a meeting with the parties.   In October 28, 2007, the Ten Session of the National People's Congress Standing Committee of the thirtieth meeting of the second amendment to the "law of the people's Republic of China". "Lawyers Law" thirty-third stipulates: "the suspect first interrogation by the investigatory organ or coercive measures taken to date, the lawyer commissioned by a lawyer's practice certificate, certificate of his law firm and a power of attorney or legal aid official letter, have the right to meet the criminal suspect, defendant and understanding about the case. The lawyer to meet the criminal suspect, defendant, not monitored." and ninety-sixth second "Criminal Procedure Law" stipulates: "it is an authorized lawyer shall have the right to the investigation organ about the crime suspected of, and may meet with the criminal suspect in custody of criminal suspects, to know the case. The lawyer meets with the criminal suspect in custody, the investigation organ may according to the circumstances of the case and the need to present. Cases involving state secrets, the lawyer meets with the criminal suspect in custody, shall be subject to the approval of the investigation organ." These two articles there are at least three conflicts: whether the lawyers met with the general case the parties need approval; lawyers in cases involving state secrets client approval is required; the investigation organs have the right to monitor. Conflict and similar also include the relevant provisions of the lawyers, the right of investigation and evidence collection.     7, Liang Guangzhen is the event the two representatives of the National People's Congress    Guangdong millionaire beam anzhen suspected of a crime, because it is in Yunfu City, Guangdong and Guangxi Baise City People's Congress, on whether to permit the procuratorial organs to take coercive measures and transferred to the court of criminal trial, the two NPC Standing Committee opinion, the procuratorial organs around.   8, Guizhou Wengan County group events     Weng'an county, Guizhou province in June 28, 2008 occurred in the afternoon of the siege of government departments to slash and burn events. According to local police, 28 days afternoon, some people because of the Weng'an county public security bureau of the county of a female student identification results of dissatisfaction, gathered at the county government and the county public security bureau. In the county government responsible for the reception process, some people incite unaware of the truth of the government mass impact County Public Security Bureau, county and county building. Then, a few criminals took the opportunity to hit and fire office, office and some vehicles.   9, Beijing motor vehicle limit line (such as the Olympic Games, after the Olympic Games according to single and double tail number one day a week to stop)     2008In June, Beijing City Hall issued "on the 2008 Beijing Olympic Games, Paralympic Games take temporary traffic management measures on the vehicle notice", from July 20th to September 20th, Beijing City, the odd even driving motor vehicle.    In September 28, 2008, Beijing city departments issued traffic "limit order", the provisions from October 1, 2008 onwards, Beijing city party and government organs at all levels sealed 30% official cars, and all kinds of official car license plate tail number one day a week to stop (except legal holidays and public holidays). From October 11, 2008 to April 10, 2009, the motor vehicle license plate trial by the end of one day a week to stop (except legal holidays and public holidays), the limited scope of the line for the road within the Fifth Ring Road (including the Fifth Ring Road), and time limits for the 6 and 21 motor vehicles, reduction of 1 month maintenance fee and travel tax.   10, Inner Mongolia Tongliao district government in order to prevent the public officials appointed by all the district attorney    Inner Mongolia Tongliao Horqin district government for many years engaged all lawyers in the region, the lawyers not to "mingaoguan" provide legal aid.   11, some lawyers association of Beijing president should be elected    In August 26, 2008, Beijing lawyer jointly released in the Internet "conform to the historical trend, the IBA election -- all the lawyers in Beijing, the Municipal Judicial Bureau, municipal appeal", proposed the direct election and reduce law Bar Association fee etc.. In this regard, Beijing City Bar Association issued a "solemn declaration" in September 5, 2008, the "call" was rejected.   12, the Sanlu milk powder incident The Sanlu milk powder incident became the biggest social event 2008 Mid Autumn Festival holiday, attracted the attention of all circles at home and abroad. Sanlu milk powder causing worrying thousands of infant health, make China dairy products for a time in the in the teeth of the storm in the international community.     13, the administrative accountability (Shanxi Linfen mine after the resignation of Meng Xuenong, the Hangzhou subway construction collapse etc.)    The event in Shanxi Linfen mine after the resignation of Meng Xuenong, the Hangzhou subway construction collapse as the mark, "accountability storm" show distinct characteristics in 2008, accountability scope, accountability level high is rare in recent years.   14, Nanyang Mr. Ren download huangpian punished    In September 12, 2008, the computer to download a pornographic video, Henan Nanyang citizens Mr. Ren were fined 1900 yuan.   15, "the CPC Central Committee on rural reform to develop certain major issue decision" to allow the circulation of rural land    In October 19, 2008, the programme of action to promote rural reform and development under the new situation, "the Central Committee of the CCP about advances the rural reform to develop certain major issue decision" issued, provisions to allow the circulation of rural land.   16, Shandong Xintai more than to go to the capital of petitioners is forced to a mental hospital    2008In October, Shandong Xintai farmers Sun Fawu went to Beijing to petition, by the town government back to a mental hospital for more than 20 days, no longer petition signed warranty book was released. In Xintai, and was sent to a mental hospital for petitioners is not the individual.   17, Chongqing taxi collective outage events    In November 3, 2008, Chongqing city taxi driver collective outage; in November 10th, many taxi drivers gathered in Sanya City Hall door, complaint Sanya some taxi companies to monopolize the market, the rent is too high, too many cars, requirements related to City Hall departments contact to solve the problem as soon as possible; on the same day, due to dissatisfaction with the local rental of illegal interference of passenger vehicle market, there have been hundreds taxi collective outage events in Yongdeng County of Gansu Province, Lanzhou city.   18, the Ministry of Public Security launched citizenship online paid search service In November 7, 2008, the Ministry of Public Security launched citizen identity information check paid online service for personal. Public concerns about individual privacy information will be exposure.   19, Beijing Court on the basis of "road traffic safety law" undo "Beijing traffic on the basis of the implementation of administrative penalties of people's Republic of China Road Traffic Safety Law" measures "of Beijing City Beijing city taxi driver Yang for National Museum in the vicinity of temporary parking, traffic on the basis of "Beijing implementation of people's Republic of China Road Traffic Safety Law" measures "issued 200 yuan tickets. Yang refuses to accept, the traffic team on the court, conflicts between local regulations of Beijing city and the state promulgated the law on road traffic safety he thinks traffic on the basis, in accordance with the provisions of the law on road traffic safety, traffic police can only correct violate on his actions, not fine. Beijing second intermediate people's court in case of appeal on that: applicable laws, traffic team is wrong, to remove the punishment decision.   20, the 60 anniversary of the Universal Declaration of human rights (Hu Jintao sent a letter to the China Society for the study of human rights, held throughout the celebration)    December 10, 2008 is the anniversary of the publication of "60 anniversary of the Universal Declaration of human rights", China Society for human rights studies held to commemorate the "Universal Declaration of human rights" in Beijing 60 anniversary conference. General secretary of CPC Central Committee, President Hu Jintao sent a letter to the Chinese Society for human rights studies, all localities have held a memorial.