On Amending the "Criminal Procedure Law" secret investigation secret trap

Chen Youxi

    The Central Party School "study times" the day before yesterday published my "criminal law amendment of some important problems of" one man, China Communist Party News, people.com.cn, light net, National Social Science key project network, ifeng.com, Tencent.com, hexun.com were reproduced. A has attracted wide attention. Especially the two important issues, namely "arrest does not notify the family of the exclusion clause" and "strengthen the secret reconnaissance technical terms," my objection, is caused by the special attention, fierce and online discussions. The vast majority of scholars and people firmly support the limits of my ideas, some scholars and media people believe that these Provisions are necessary, the opposite is a restriction on the original law. This problem is a major issue of national human rights boundary effect, if into the law will have a fundamental and lasting, serious study is very necessary. In order to clarify the truth that view, I made further explanation of further.

To expand or limit debate

   To illustrate the problem, I first forwarding some online micro-blog debate:

@ and diary: Chinese Communist Party News: "clause secret arrest" and "secret investigation" must cancel method. text please:Http://t.cn/adrl77

Chen Youxi lawyer: Thanks, hope all the deputies to the National People's Congress to see, and can be used as will reference. Please Secretary assistants help print to send them down. (now 18:16)

@ harbor of Liu Lihui forwarding this micro-blog: write very good, hope the public security can do it!

@ party Tsuen Wan in Shanghai forwarding this micro-blog: if we do not speak against it, there will be people around and even their own "enjoy" the treatment may be the future.

@ a man is a world is well written, conscience do intellectuals, good. ( 18:08 today)

@ saigeer 2519 thank Chen counsel for us to become a nation of rule of law is to spare no effort, but the current situation is not optimistic about it i. Cause you know. ( 17:58 today)

@ he Bing: criminal law amendment draft of "secret arrest", "secret investigation" clause, at the Ji'nan meeting, listen to the people's Congress professor Chen Weidong talk about a few legislative reasons and ideas. I was criticized, no established. Today reiterated my judgment: This is the Gestapo clause.

@ most not silent: say you with very limited knowledge and scanty information studies do not pure maybe you will not agree, says you are stubborn prejudices extreme may be true. You go check out, related to national security influenced the investigation case not to open, such regulations all have? America is the Gestapo. A scholar speak not according to the fact of emotional exaggeration, cup

@ he Bing: reply @ most not silence: it is because I know the situation, just know similar terms even in America exist, will not exist in Chinese. Americans dare to openly campaign for president, dare you?

@ most not silent: reply @ he Bing: Well you said you knew the situation that Xinjiang Tibet such domestic separatist forces in America or in Chinese exist? Why "similar terms even in America exist, will not exist in China"? The criminal procedure law does not involve the presidential campaign, Japan is not open to run for president, as the British no public campaign like King, you went to dare?

@ he Bing: reply @ most not silence: first you report actual work unit and name, I discuss with you.

Reporter: @ Li Meng Chinese Communist Party News Network, is a clear net. The amendment of the criminal procedure law, in fact, the most advantageous to officials, equivalent to give yourself a posterior. Chen Youxi told a story, I hate his prison officials, must ask for his defense. Now advocates of torture to extract confessions, would one day "measure for measure".

He Bing responds @ Li Meng reporter: unfortunately some authority, think his life in.

@ most not silent: reply @ phantom Knight: 1 the clause is not increased but defined on the original provisions. Even if the environment is invariable, more clearly defined, the actual effect will be more abuse? Logic doesn't make sense. 2 hypothesis may be, can become the reason of legislation? The death penalty or punishment may have all the case, the existing judicial environment, can cancel all the penalty? Don't speak legal light sensational worthless.

@ most not silent: reply @ washing machine feet: you even the basic facts are not clear. This modification is not increased by this exclusion clause but clearly limits its scope of application, how to "open the box". This @ lawyer Chen Youxi @ he Bing not clear

@ washing machine washing: do you think that is a refinement, I think it is clearly increased

@ most not silence reply @ washing machine wash: the original provisions contained entirely now, how to say is new? Clear is the refinement and defining.

@ reply Chen Youxi @ most not silent: with he Bing, I expect you to use real name to discuss the academic and practical problems so serious. I just answered you three words: 1, secret arrest new legislation is bad, ratification of illegal acts existing; 2, the secret investigation is the new set of statutory the existing chaos, it is must be abolished and not limit.3, you stand, not level. Good to want.

@ most not silence reply @ Chen Youxi lawyer: you little unfamiliar real name authentication have point. 1 of the original law "article seventy-first arrested, in addition to hinder the investigation or not notice, should put the reasons and detain arrested the premises, within twenty-four hours to inform the family of the arrested person or the unit to which he belongs." Here is the new legislation except? The 2 secret investigation will have you to abolish the anti-terrorism. 3 you are ignoring the fact problem.

@ most not silence reply @ Chen Youxi lawyers: draft to solicit comments from the public (Quan Wen) "thirty-six, sixty-fourth to eighty-fourth, the second paragraph is revised as follows:" in addition to not notice or suspected of crimes of endangering national security, terrorism and other serious crimes, other than the notification would hinder the investigation situation may.." Http://t.cn/a3vtbh I just ask you one sentence: this Is it right? Xinli? (4 minutes)

@ most not silent complex @ washing machine wash: the original is not legal? This is the Gestapo.? No. The protection of human rights protection of criminal excuses result is also harmful to society, harm human rights. If ordinary people now have what judicial criticism, more is to benefit and corruption indulgence harboring evil. Legislation should listen to the opinions of the masses, cannot be legal people.

@ most not silence reply @ Yanhua: I just want to understand their thought this out, not under the guise of private justice banner administrative. Now active political law, political law professor, also less? That law level the blush. Also be opinionated to the Mongolian people, he opened his heavy veil draped it //@ Yanhua: Although this is a success, but also mean?

@ Ma Huaide: draft amendment to the criminal procedure law is to solicit public opinions, legislators and law with full confidence, just like 15 years ago. The new law established the internal supervision and restriction mechanism can effectively curb torture to extract confessions? Can effectively reduce unjust? Don't forget we are a part of law enforcement and judicial personnel to avoid legal wisdom, in violation of the law to escape legal punish, energy. In a word, the legislators never underestimate the law enforcement!

Chen Youxi lawyer: true. Good methods are often deliberately distorted, askew mouth monk good by Nian askew, flawed, itself is bad law implementation, often long harm people. Legislative scholars please close to high and other powerful institutions bits have the right to speak, to the conscience and justice.

@ and diary: the draft revision of the criminal procedure law of "secret arrest" and "secret investigation" clause, then borrow @ China University of Political Science and Law Vice Chancellor Professor Ma Huaide, a word: don't forget we are a part of law enforcement and judicial personnel to avoid legal wisdom, violates any law to escape punishment, energy!

Yang Kaixiang: very much agree with! Secret arrest must be eliminated; the secret investigation must be controlled strictly, standard procedures and criminal procedure law set detailed.

Yang Kaixiang: "the secret investigation" is not well defined, @ Chen Youxi lawyers said "secret investigation means legalization, public, legal"? That is actually simple "legalization, program", set limits and strict procedure regulations.

Sun Xiaoxia: "secret arrest" and "secret investigation" is poisoned sword, not into the law.

Chen Youxi lawyers reply Yang Kaixiang: many of my friends do not know the two into the law risk, including the public security departments of the comrades, will reap what one has sown. Because this is the beginning of autocratic assassination went missing. The actual enforcement China is, you have a small legal door of public institutions, we can hold the past a cow. And it is a head not domesticated buffalo.

@ heaven People are hurrying to and fro.: good, the lawyer is China legal conscience, only you abide by the law.

Chen Youxi lawyers reply @ heaven People are hurrying to and fro.: I repeat his speech in Handan point of view, if the "secret arrest", "secret investigation" the input method, all other progress clause is a smoke screen. The criminal procedure law, is a throwback, China human failure. Chinese all legal professionals, citizens must be up against evil, this method.

The old and the new law is amended condition

About the secret arrest, detention amendment

The original law:When a person detained sixty-fourth of a public security organ, must produce a warrant. Detention,In addition toOther than hinder the investigation or not notice,Should put the reasons for detention and the place, in twenty-four hours, notify the detainee's family or the unit to which he belongs.

The new law:When a person detained eighty-fourth of a public security organ, must produce a warrant. Arrest, the detainee shall immediately send the detention center custody, not later than twenty-four hours.In addition toUnable to inform or suspected of crimes of endangering national security, terrorism and other serious crimes, other than the notification would hinder the investigation situation may, should give the reasons for detention and the place of detention, in twenty-four hours after notification, the detainee's family.

The original law:Seventy-first when a public security organ to arrest people, must produce an arrest warrant. After the arrest,In addition to impede the investigation or not noticeThe reason, should be arrested and detained the premises, within twenty-four hours to inform the family of the arrested person or the unit to which he belongs.

 The new law:Ninety-second when a public security organ to arrest people, must produce an arrest warrant. After the arrest, it shall immediately be arrested for custody.In addition to not notice or suspected of crimes of endangering national security, terrorism and other serious crimes, other than the notification would hinder the investigation situation may,The reason and the detention shall be arrested in the premises, within twenty-four hours after the arrest, notify the family of the arrested person.

About the secret investigation, technical investigation amendment

(new provisions all the original criminal law no)

The eighth sectionTechnical investigation
 
 Article 147thPoliceIn the case, for theCrimes of endangering national security, terrorism, organized crimes of the underworld, major drug crime or other serious harm to society of criminal casesAccording to the investigation of a crime, need, through strict approval procedures,Can adopt the measures of technical investigation. PeopleProcuratorateIn the case, for theMajor crime and the serious violations of civil power of the personal rights of embezzlement, bribery crimeAccording to the investigation of a crime, need, through strict approval procedures, can adopt the measures of technical investigation. Hunt is wanted or approved, and decided to arrest the escaped criminal suspects, defendants, approved, technical investigation measures can be taken to hunt the necessary. Technical investigation measures shall be executed by a public security organ.
 
 Article 148th the approval decision should be based on the need for crime investigation, determine the species to take measures of technical investigation and application objects. Since the date of issue of the approval decisionValid for three months. Does not need to continue to take the measures of technical investigation, shall promptly release; for complex, difficult cases, the expiration of the time limit is still necessary to continue to adopt the measures of technical investigation,After approval, the validity period may be extended, each time shall not exceed three months. 
 
 Article 149th to take measures of technical investigation, should be strictly in accordance with the approved measures types, objects and for the implementation. Investigators for the state secrets, to take measures of technical investigation process of commercial secrets and personal privacy shall be kept confidential, to take measures of technical investigation; the case had nothing to do with information and facts and materials, shall be destroyed without delay. Adopt the measures of technical investigation to obtain material, can only beFor the investigation, prosecution and trial for a crime,Shall not be used for other purposes. Public security organs to take measures of technical investigation according to law, the relevant units and individuals shall cooperate with the relevant information, and shall keep secret.
 
 Article 150thIn order to find out the truth, when necessary, byAt or above the county levelThe head of a public security organ decides, bySpecial personnel to carry out the secret investigation. The implementation of secret investigation, may induce others to crime, not methods may endanger public safety or serious personal danger. Relating to thePayment of drugsOther contraband or property crime, the public security organ according to the need for crime investigation, in accordance with the provisions ofControlled delivery.
 
 Article 151st in accordance with the provisions of this section to investigative measures collected materialsIn the criminal procedure can be used as evidence.Through the implementation of secret investigation to collect evidence, if the use of such evidence may endanger the personal safety of specific personnel, or may have other serious consequences, shall takeDo not expose the true identity of specific personnelAnd other protective measures, when necessary, by the judge in the court to verify evidence.

Analysis of the legislative principle and the consequences

   The debate over the original method and the comparative analysis, the key problems and the consequences of my bank as follows:

   One, the legislation, in the "secret fishing", is the legislation rather than limit. The criminal procedure law in the actual implementation, for detention, arrest, all the statutory deadline to notify the family of the. For some cases without notice, as illegal law enforcement investigation and condemnation of public opinion. At present, in some cases, political restrictions on religious cases, discipline and freedom not to inform the case, as a kind of illegal phenomena in the regulation of. Because the abstract "exception" clause, and no specific things out, not a public security, security, procuratorial organs, to indicate which case can not notify the family, so it can only give notice of. And now if make lists rules, several kinds of case not only are there will be "no notice", in practice but also on the "national security", "terrorist activities", "unable to inform the three concepts of" expanding interpretation. Especially the "not notice" this one, can be applied to the crime and crime all different. And as Zhejiang province floating population crime, has been as high as 60%. If these three phenomena may not notice, Chinese will actually appear a large number of arrests, detentions secret missing phenomenon, the consequences will be very serious, great harm.

   Two, the right to know is the foundation of all the families of human rights protection, is the premise of lawyers involved in the help, if allowed to secret arrest, there will be a trustee and guardian deletion, the suspects will not get the family care, there is no way to employ legal aid lawyer, without access to lawyers, not to the lawyer's law help, is to "lawyer law" reactionary. Obviously is a backward step.

   Three, the secret arrest in the country under the rule of law is not allowed. "Secret fishing" is the modern country under the rule of law strictly prohibited. Because no matter what crime, arrest in order to capture the need for secret investigation, to tell his family and legal guardians must. Because the behavior of national public power for, is the public law enforcement behavior, different social organization behavior illegal. If allowed to close to catching, will cause in fact missing secret. Families can not determine their loved ones is kidnapped by criminals, was assassinated. Objective consequence to national public power and social crime confused.

   Four, secret arrest into the law will seriously damage the image of China international human rights. Resolutions of the UN Human Rights Council June 29, 2006 No. 1/1, through the "protection of all persons from enforced disappearance International Convention", now has 94 countries to sign. China although not yet approved to join, but if the legislation now also wrote on such terms, it is clearly against the tide, to discredit the Chinese human rights record, create a new trouble for China international dialogue on human rights. therefore, this law was a lack of international vision, obviously is affected by national security, the anti-corruption departments handling needs, "维稳" pragmatism, must. No matter what the nature of the case after the arrest, detention must be within 24 hours to inform relatives and guardians. For group crimes need case, can inform the families of the strict confidentiality requirements, otherwise pursue its disclosure duty.

   Five, secret investigation, this is the law, all of the new regulations, plus a chapter on " technical investigation". Needs to be pointed out is, investigative techniques, such as post test, eavesdropping, secret forensics, this means, our criminal investigation has been in use, especially the security sector. But the secret manipulation is never officially put him on trial procedure legality, openness. Now the environment of rule of law, will want the hand stage written into law, is some people out of the door legislation, departments need, spellbound, do not know the secret front of struggle and public legal procedure is completely two series. Secret investigation evidence is not got the public trial court as evidence. Secret investigation is only limited to get clues, and then fixed legal investigation can be used for forensic evidence, but could not get the secret means of evidence directly with the court. In the drafting of the law that these people basically do not know hidden struggle.

   Basic human rights and the right of privacy, secret investigation of six serious violations of the law will be popular. Some people think that the secret investigation conditions and object is strictly limited, enlargement will not. This is a very naive. Once the secret investigation evidence may be used as evidence in court, the investigation organ for investigation, will adopt these tactics in all cases. This case will close the approval in the Public Security Bureau of the county level, in order to facilitate the implementation of he quickly expanded to deputy director of criminal investigation, police station, captain. Because for some homicide, first-line investigation of great powers, often to do first after batch. And the right to basically get out of control.

   Seven, the secret investigation object basically covers all the crowd. The law on the secret investigation cases, public security"Crimes of endangering national security, terrorism, organized crimes of the underworld, major drug crime or other serious harm to society of criminal casesAccording to the investigation of a crime, need, through strict approval procedures,Can adopt the measures of technical investigation." "Other serious harm to society "is the concept of extension infinity. "Strict examination and approval procedures" basically is an empty word, not controllable. Secret investigation Procuratorate of larger, covering almost all of the scope of investigation:"Major crime and the serious violations of civil power of the personal rights of embezzlement, bribery crime"The anti corruption Bureau, bureau, anti Du business include. And the "big" cases, drawn to the concept of what? One hundred thousand you can count on serious cases, the county level even if the cases, these two poles made in all cases, the procuratorate office, basically can be the means of secret investigation. 

   The eight secret investigation, no time limit, can continue. The draft law: "the decision of approval from the date of issueValid for three months. For complex, difficult cases, the expiration of the time limit is still necessary to continue to adopt the measures of technical investigation,After approval, the validity period may be extended, each time shall not exceed three months. "This is equivalent to the county public security bureau chief, anti-corruption chief approval, can be a continuation of secret investigation.

   Nine, allow the secret investigation evidence in court, break all the evidence "the legitimacy" category. China has never allowed eavesdropping, secret recording, secret search legal effect to obtain evidence. Because on the one hand, struggle concealed front to protect intelligence officers and intelligence informant, not directly to the evidence light to public trial court; on the other hand, national power can not be used to spy spy means to deal with their own nationals, legitimacy cannot admit this approach. The law stipulates: "take measures of technical investigation to obtain material, can only beFor the investigation, prosecution and trial for a crime,Shall not be used for other purposes." The court determined, his position. This breakthrough is impractical, the validity of evidence, in direct violation of fairness and justice.

    Ten, particularly absurd is, allow the trap forensics lure enforcement. Draft article one hundred and fifty said: "thePayment of drugsOther contraband or property crime, the public security organ according to the need for crime investigation, in accordance with the provisions ofControlled delivery." This provision is trap law enforcement obvious and allowed to lure enforcement. The consequence is very serious. Because the drug crime is currently China's death penalty is applied for a lot of punishment. If we allow this"Controlled delivery." Could a suspect for a deal and died on the road. Previously, the Supreme Court in summary form has been clear, all the drugs crime, investigation organs trap law enforcement luring investigation, shall not be sentenced to death. If this one into the law, will this approach became legal, public inducement leading to death penalty will appear. This is the same crime prevention and the "subjective", "penalty according to the principles of criminal law" in direct violation of the.

   Therefore, the practice of "secret fishing", "secret investigation" the new regulations, is the problem of big error Chinese legislation, is obviously not in conformity with the present situation and trend of international human rights protection, are some of the "dimensional stability" department disregard the situation in general plans of their own work easy, and departments must resolutely oppose the idea of legislation,, the abolition of the amendment, absolutely can not let the law. 2011 9 22.

1, the county decided to 24 hours. 2, 48. 3 hour level decided to reply, reply provincial decided 72 hours. 4, Ministerial Decision approved 120 hours. so, distinguish the order of priority, increased levels of supervisory duties. Not to make it rigidly uniform, Department of personal interests to the satisfaction of all

In December 10, 1948, the UN General Assembly adopted and promulgated the "Universal Declaration of human rights". The historic "Declaration" after the enactment, Congress asked all member countries to publicize and political status, "regardless of the country or territory, mainly in schools and other educational institutions to spread, display, read and explain." http://blog.sina.com.cn/s/blog_8fb898560100xqlv.html links to other language versions human rights day (December 10th) 60 anniversary of the Universal Declaration of human rights preface given the inherent dignity of all members of the human family and of the equal and don't move the recognition of the right, is a world of freedom, justice and Peace Foundation, due to disregard and contempt for human rights have been developed for brutality, the outraged the conscience of mankind, and a person who enjoys freedom of speech and belief and freedom from fear and want the world to come, has been declared the most high for ordinary people desire, given to men not to have no alternative against one's will rush into danger of tyranny and oppression of rule of rebellion, it is necessary to make human rights protection, in view of the need to promote friendly relations between nations, whereas the peoples of the United Nations has been in the Charter of the United Nations in their basic human rights, and human dignity and value and the equal rights of men and women of faith, and the determination to promote greater freedom in the social progress and the improvement of living standards, given the affirmation of Member States has been in cooperation with the United Nations to promote Universal respect for and observance of freedom, generally in view of these rights and freedoms understanding for the full realization of this pledge has great importance, so now, Congress, issued the Universal Declaration of human rights, as all people and all countries to achieve common standard, social institutions in order to every person and often Ming Nian this declaration, strive by teaching and education to promote respect for rights and freedoms, international and through the country and progressive measures, make these rights and freedoms in the member states themselves people and in the territories under their jurisdiction people obtained the universal and effective recognition and observance; ^. All human beings are born rights in the freedom, dignity and. They are endowed with reason and conscience, and in a spirit of brotherhood. The top second ^ everyone is entitled to all the rights and freedoms set forth in this declaration, without distinction of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, any difference. And not because of a different person belongs to the state or territory's political, jurisdictional or international status and different, regardless of the territory is an independent territory, the trust territory, non self governing or under any other limitation of sovereignty. ^ top third everyone has the right to life, liberty and security of person. At ^ top fourth no one shall be held in slavery or servitude; all forms of slavery and the slave trade, shall be prohibited. ^ top fifth no one shall be subjected to torture, or to cruel, inhuman or degrading treatment or punishment. ^ top sixth everyone has the right to recognition as a person before the law in any place. Before ^ top seventh legal equality, equal protection and the right to enjoy the law, without any discrimination. All are entitled to equal protection, from any act in violation of the declaration of any act of discrimination and incitement to such discrimination. ^ top eighth of any person when the constitution or the law gives his basic rights are infringed, the right by the competent national tribunals for such violations as an effective remedy. ^ top ninth no one shall be subjected to arbitrary arrest, detention or exile. The top tenth ^ everyone completely equally empowered by an independent and impartial court to a fair and public hearing, in the determination of his rights and obligations and of any criminal charge against him. ^ top eleventh Everyone charged with a criminal offence, the public trial at which he has not been to defense on until proved guilty according to law, have the right to be presumed innocent. Any act of two anyone or not, at the time when under national or international law does not constitute a crime, shall be held guilty of a criminal offence. Penalty Law on crime applicable. ^ top twelfth no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to enjoy the protection of the law against such interference, or attack. ^ top thirteenth everyone in the world has the right to freedom of movement and residence within the territory of china. Two everyone has the right to leave any country, including his own, and to return to his country. Article fourteenth a ^. Everyone has the right to seek and to enjoy in other countries asylum from persecution. The purposes and principles of the two really due to non political crimes or violate the UN's behavior while being prosecuted the case, this right may not be invoked. ^ top fifteenth everyone has the right to a nationality. Two any one shall be arbitrarily deprived of his nationality, nor denied the right to change the nationality. At the top of a ^ sixteenth adult men and women, without any limitation due to race, nationality or religion, have the right to marry and to found a family. In their marriage, during marriage and at its dissolution of marriage, should have equal rights. Two only by both free and full consent to marriage. . three the family is the natural and fundamental group unit of society, and is entitled to protection by society and the state. At the top of a ^ seventeenth everyone has the right to own property alone as well as in association with others. Two any person shall be arbitrarily deprived of his property. ^ top eighteenth everyone has thought, conscience and the freedom of religion; this right includes freedom to change his religion or belief, and individually or collectively, in public or private, to manifest his religion or belief in teaching, practice, freedom of worship and discipline. ^ top nineteenth everyone has the right to freedom of opinion and expression; this right includes freedom and freedom from interference, and through any media and whether to seek, receive and impart information and ideas of frontiers. ^ top twentieth everyone has the right to freedom of peaceful assembly and association. Two any person may be compelled to belong to an organization. ^ top twenty-first a everyone directly or through freely chosen representatives participate in the administration of their rights. Two everyone has equal access to public service in his country's rights. Three the will of the people is the basis of the authority of government; this will shall be expressed in periodic and genuine elections, but elections which shall be by universal and equal suffrage and free voting procedures, by secret ballot or equivalent to. ^ top twenty-second everyone, as a member of society, has the right to social security, the realization of economic, social and cultural rights necessary to free development and have the right to enjoy his personal dignity and personality, this is achieved through national effort and international cooperation and in accordance with the organization and resources of each state. ^ top twenty-third everyone has the right to work, free choice of occupation, to just and favourable conditions of work and to protection against unemployment. Two everyone has the right to equal pay for equal work, without discrimination of any kind. Three every working person, has the right to just and favourable remuneration ensuring for himself and his family, to have a meet the people's living conditions, when necessary, supplemented by other means of social protection. Four everyone safeguard their interests and the right to form and join trade unions. ^ top twenty-fourth everyone has the right to rest and leisure rights, including reasonable limitation of working hours and periodic holidays with pay right. ^ top twenty-fifth everyone has the right to enjoy a needed to sustain the health and well-being of himself and of his family's standard of living, including food, clothing, housing, medical care and necessary social services; in the event of unemployment, sickness, disability, widowed, aging or in other can't control loss of earning capacity of the case have the right to enjoy security. two mothers and children are entitled to special care and. All children, whether born in or out of wedlock, shall enjoy the same social protection. Article twenty-sixth a ^. Everyone has the right to education, education shall be free, at least in the elementary and fundamental stages should be so. Elementary education shall be compulsory. Technology and the occupation education shall be made generally available. According to the result of higher education should be equally accessible to all. two education to the full development of the human personality and to the strengthening of human rights and fundamental freedoms. Education should promote national, racial or religious group mutual understanding, tolerance and friendship, and shall further the activities of the United Nations for the maintenance of peace. The three children of parents for their education category, there are preferred. ^ cultural life, a top twenty-seventh everyone has the right freely to enjoy the arts and to share in society, the progress of science and its benefits. Two and everyone due to his creation of any scientific, literary or artistic works of the moral and material interests, enjoy the protection of the rights. The top twenty-eighth ^ everyone is entitled to a social and international order, in this order, the contained in the declaration of the rights and freedoms can be fully realized. Article twenty-ninth a ^. Everyone on the social obligations, because only in the society of his personality can be free and full development. Two everyone in the exercise of his rights and freedoms, subject only to the legal restrictions, only to determine this limit is to ensure the rights and freedoms of others to give due recognition and respect, and adapt to the legitimate needs of morality, public order and the general welfare in a democratic society. three these rights and free exercise, no matter in any situation all purpose and shall not be in violation of the United nations. Any of the provisions of this declaration ^ top thirtieth, shall not be construed as implying for any state, group or person has the right to make any aimed at the destruction of any of the rights and freedoms of the activities set forth in this declaration. http://blog.sina.com.cn/s/blog_8fb898560100xqlv.html

"Has been a concept secretly most" not silent, and avoidance of substantive "secret" arrest, and invasion of privacy. You just answer a thing it. That is: the current criminal law is the wood have been disguised by "secret" arrest, and invasion of privacy practices, the law will wood will stop? If possible, the so-called new terms, wood should be abolished. Or to be very clear limit condition!

The new law: when a person detained eighty-fourth of a public security organ, must produce a warrant. Arrest, the detainee shall immediately send the detention center custody, not later than twenty-four hours. In addition to not notice or suspected of crimes of endangering national security, terrorism and other serious crimes, other than the notification would hinder the investigation situation may be, should give the reasons for detention and the place, in the detention within twenty-four hours after notification, the detainee's family. an ordinary person on the face of the law: "can't notice" is the Scout subjective judgment determined cannot tell; "notice may hinder investigation" is also a member of the subjective judgment, but also is a kind of probability possible judgments, but "not notice" and "may hinder the investigation" is a kind of "or" type of parallel. The law if the law, really terrible!

The judicial personnel illegal do?! -- on "Criminal Procedure Law" revised core problems in / Guo Haitian "Criminal Procedure Law" revised draft has been released. As a once engaged in public security work for more than ten years, and so many years of criminal defense lawyers in the field, both from the angle of conscience, or occupation, are forced to be strong concern. law is a code of conduct -- this is a police, prosecutors, judges, lawyers can say. Then, specific to the criminal procedure, "the main object of criminal procedure law" standard should be who? The suspect? Defendant? Witness? In addition to their "truthful statement", what but also can make? Even lawyers, they can "decide" criminal detention, arrest, investigation, prosecution, trial?! Only the police, prosecutors, judges -- the master of judicial power, is the real "leading role in criminal proceedings"! Only they were "Criminal Procedure Law" should be the main object specification. following on from several I have handled the case of the criminal procedure, the real show to the audience, let everyone know the real criminal proceedings in the truth, have a look serious "Criminal Procedure Law" how to become a "minority" judicial personnel to the hands of the doll

Tell students the admission of new words: pear falling instantly - (note) Murong Xuecun: School of foreign languages of Minzu University of China 2011 freshmen speech. If you a student of democratic enlightenment lesson, really hope Chen lawyer to the published. Night deep, silent prayer a selfless man lead the Chinese nation to keep pace with the world, out let us struggle for decades swamp.

Chen Youxi support!