2009The annual China ten constitutional example selection announced

 The annual ten constitutional example Renmin University of China research center of constitutional and administrative law announced.

10Leshan, Sichuan villagers vote rotate worker peasant status event

 ■ event replay:

Wang Hongquan was a Sichuan Province Leshan city machine factory workers, in 1993 in response to the national "early retirement for workers" call, and daughters exchange identity, daughter into the factory, he will move back to the accounts Jiahua village when farmers, in 1998, he began to receive pension insurance. But when in 2003 the share of land expropriation compensation, the villagers think that "where there is a pension farmers", then by the democratic vote deprived him of his qualification of villagers, he shall not be entitled to compensation for land requisition. In order to be deprived of the identity, Wang Hongquan had filed a lawsuit. After the first win after losing the final decision, the provincial procuratorate to protest, the case was the high court of retrial. In October 23, 2009, the case to court in Leshan City Intermediate People's court, pending.

■ blogger comments:

  (a) this year the ten constitutional case tenth: Sichuan Leshan village vote rotate worker farmer identity event

   Our pursuit of the "democracy" is not always be courteous and accessible, non democracy democracy a little inattentive will encounter "looks beautiful". Perhaps, even in a democracy country, democracy and the rights of the minority to the majority of seems difficult to avoid the deviation when, this is where the defect of democracy itself.

   From 399 BC, Socrates to Leshan now the village of Wang Hongquan, democracy and the achievements of the tyranny of the majority, a stately to deprive a person most basic rights. "Sichuan Leshan village vote rotate worker farmer identity incident" once again sent us a question: "in the name of democracy" is on the Democratic abuse and Misreading reasons we?

 

9, "political door"

■ event replay:

Hebei Province in 2009 college entrance examination candidates Hu Jia entered the military academy. On the political stage, Hu Jia Qiu Zhuang Xiang police station for "military institutions to recruit high school graduates and ordinary higher school recruit students of national defense and political examination table" seal, was rejected in June 15th to 2007, reason is their parents because curtilage disputes with neighbors fight, were security detention 15 days, do not meet the political requirements. But police officials in an interview, the first that it is because of its parents' cause she was not qualified, after correction, called the police station has not received the relevant documents for the military political, so can't audit. So miss examination and interview Hu Jia is not into the military academy, making repeat decided painfully. Hu Jia encounter in Hebei was not the first, Xingtai city also occurred with similar events.

 ■ blogger comments:

  (two) for the year ten constitutional example ninth: "political door"

   "Probably it sprouts on the red" logic is not only appear in the absurd age, "Like father,like son", parents' morality has become the dominant genes; hypothesis in genetics, the parents will take their genetic legacy to future generations of moral theory, then, we have to ask is: parents were security detention must be moral problems of the people.

   Ridiculous "political" dished out two serious problems: parents who are detained to be deprived of a citizen's basic right to education reason; political system should become a kind of education, how to make this restriction is more reasonable.

 

8After incubation, the first marriage the civil service exam was recorded events

■ event replay:

Xuzhou woman Wang Ying candidates in February this year, Jiangsu province for the civil service examination, written examination, interview, physical examination of Wang Ying in the stage smoothly through, but in the political stage after "unmarried birth", is born out of wedlock, was eventually organizations in violation of family planning policy by the elimination of. In September 7th, Wang Ying to the Xuzhou City Intermediate Court pleadings, the Copper Mt. county Party Committee Organization Department, Quanshan District of Xuzhou city population and family planning bureau to the court. Xuzhou City Intermediate People's court that "Copper Mt. county Party Committee Organization Department is not the administrative main body", ruled inadmissible on the case, and notify the Quanshan District Court of Wang Ying to the city of Xuzhou sued the spring mountain population and family planning bureau.

 ■ blogger comments:

 (three) for the year ten constitutional example eighth: first, the civil service exam was married to record events

   2009 February,Xuzhou girl Wang Ying in the Jiangsu provincial civil service examination, written examination, interview and physical examination were passed, in political links to the king out of wedlock births, in violation of the "Jiangsu provincial population and family planning regulations" article twenty-first "both men and women are legally registered marriage and fertility of the provisions, a child can have an excuse to record" Wang Ying.

   Ibid. One case of Hu Jia, after a long journey, tramp over mountains and through ravines trudge immediately usher in the dawn of the machine, Wang Ying is also the "political". In China, education and employment of the key points to decide the fate of their life, political system once again played a smiling cold-blooded killer role, not thinking. Political examination may not wrong, but let people shiver all over though not cold is almost what kind of "errors" can be easily to included in the "political censorship". In the case of Wang Ying, the political system Chinese again with tough attitude to the general in the passion of young men and women said: excellent traditional open Chinese should remain prudent, "slip" premarital sexual behavior is likely to make you hate "".

   In fact, Wang Ying case also reflects the deep social problems at present employment and equal protection office, here only refers to a "joke" law professor Jiao Hongchang said in ten cases of the conference site: recruitment information release a company, received a lot of letters. Facing so many candidates information, screening is a huge project, so the personnel department and company leaders quite anxious. Suddenly have a brain wave, leading a say: Well, the first random still half. Leading B puzzled: why? Leading a proudly said: don't forget, our company never welcome bad people.

 

 SARFT large-scale closure of audio-visual Web Event

■ event replay:

SARFT this year continued to clean up and rectify the including BT sites, without seeing and hearing permit illegal audiovisual program website, at present, has closed more than 530 BT website. 　

The relevant provisions of the SARFT said, will continue to clean up illegal audio-visual program service website. As long as the site does not solve the piracy was shut down, spreading vulgar pornographic program and other issues, will not be "information network dissemination of audio-visual program license", and in 2009 December 20 days has not obtained the license of the website, will be closed down or banned unlicensed websites provide audio-visual programs 

 

■ blogger comments:

 (four) for the year ten constitutional example fourth: SARFT large-scale closure of audio-visual Web Event

   Chinese type "whim" was previously called "movement". Every leader is an outstanding athlete, more passion, reason is inadequate. Not to say that we agree to hold the "pornographic and violent" video website, just today, we have a country under the rule of law, such a large scale make it rigidly uniform slightly edgy, undermine the rule of law country.

   We don't want every decision-making leaders understand the "legal reservation" "priority of law" "trust protection" principle, but hope that they understand "do everything by rule" requirements should be a little difficult for their iq. Do everything by rule is called the administration according to law, the law of administrative act not only requires us, requires us to administrative procedures in accordance with the law.

   Specific to the case, the relevant departments (even up to 18 departments in the Chinese have corresponding administrative rights on the Internet) isWhether through legal procedures, whether the illegal evidence each face off site, whether it will affect people's property rights the right to free speech and free access to information rights; political logic we are simple, think through "the pornography, violence" East West all saliva can be set at the law in despite the high-profile aggressive action, government departments did show the power of virtue is how noble, as everyone knows, "pornography" the more things about moral factors of the evaluation criteria do not in the temple, and in the rivers and lakes.

 

Standing Committee of National People's Congress authorized the jurisdiction of Macao Hengqin Island UM campus

　■ event replay:

Hengqin Island is the largest island in Zhuhai City, Guangdong Province, the island 8.6 km long from north to south, east-west width of 7 km, after all the development will reach 106.46 square kilometers, is three times the area of Macao. In June 27th this year, the eleven session of the ninth meeting of the NPC Standing Committee to decide by vote, authorizes the Macao Special Administrative Region to exercise jurisdiction located in Hengqin island of the new campus of the University of Macao, Hengqin new campus of the University of Macao and other regions of the Hengqin Island quarantine management, in accordance with the laws of the Macao Special Administrative Region to exercise jurisdiction, Macao to lease the way to obtain the land the right to use. This means that, Hengqin island part will become a new area for the implementation of the "one country two systems". At the same time, once the Hong Kong Zhuhai Macao Bridge opened to traffic, Hengqin Island will become a strategic communication Guangdong three places.

 

 ■ blogger comments

  (five) for the year ten constitutional case fifth: the National People's Congress authorized the jurisdiction of Macao Hengqin Island UM campus

    Some scholars at the conference said the case selected reason is weak, but in the "one country two systems" this theme, the jurisdiction of Macao constitutional significance of Macao Hengqin Island Campus or just up a lot: between the mainland and the Special Administrative Region of the land lease, is based on the National People's Congress Standing Committee decided to, can not be said that innovation and the development of the concept of "one country, can be seen in the treatment of central" one country two systems "on the issue, more and more confident.

 

Shanghai "entrapment" case

 ■ event replay:

This late on October 14th, Shanghai a company driver sun industry driving the van on the road, encountered a man dress thin to ride, man on the train a few minutes later, Sun Zhongjie's car was surrounded by two car, forced to stop immediately, Mr. Sun has been identified suspected black car business, was fined 10000 yuan. 　

Circle back to the company in the sun after the encounter accused. He thought he had suffered "fishing" law enforcement, he couldn't accept that he did a good deed is wrong, then with a knife cut off the left hand little finger to show innocence. This caused great concern, for a time, the "entrapment" questioning occupy the major media headlines. 　

In October 26th, Shanghai City, Pudong New Area government held a news briefing, announced the deal. Pudong New Area mayor Jiang Muliang said at the meeting, "the use of unfair means to obtain evidence does exist 10 · 14" incident, the investigation conclusion and the fact that the Pudong New Area city administrative law enforcement bureau announced in October 20th the discrepancies, Pudong New Area government to open to the public. 

■ blogger comments:

(six) for the year ten constitutional case sixth: Shanghai "entrapment" case

   The Central Plains earth never missing a generous and heroic people, in 2009 we especially should thank "chest" "finger" Henan Zhang Haichao and Mr. Sun has specimen sense, provided the case is still in progress on the rule of law in the process China blood. Can't imagine what actually happened much injustice can make a man angrily thoracic finger, if anger and injustice can be quantified into money, so everyone can ask ourselves: how much money to me, I can bear to cut my finger, millions? Must? Or how many money does not stem......

   Expose every eye-catching exceptions is not just one or two social problems, "entrapment" event is not only torture of government credit and its law enforcement, illegal evidence means and other practical problems, to our including taxi control traffic operation and management problems and puts forward some thoughts and reform of space.

   Each administrative provisions for the general public is limited and the burden, but to the law enforcement departments and relevant personnel is privileges and benefits. Get a taxi license without a strong relationship and much money pay for it is almost impossible, just encountered a traffic management departments "fine" event (a lot of things like this every innocent). A pickup truck, only put the little household sundries (not exceeding the maximum edge), but by the local flow discharge penalty of 2000 yuan to overtake stopped "illegal operation" as an excuse for a supply of sth., after a lot of persuasion in about 300 yuan. How to define the "operation", is this shipment, but their use of debris into the "business activities".

   For a supply of sth. process, this be just and stern of our republic law enforcement police said impatiently: "hurry up, this will work I went out over several cars." Particularly deep impression is, we use the rules of filling pockets law enforcement officers has be in the right and self-confident to read the rules we specifically illegal.

 

 4Shanxi coal integration events

   ■ case playback:

Since 2008 September, the government of Shanxi province according to the "opinions" on accelerating the implementation of merger and reorganization of coal enterprises and the "on further accelerate the merger and reorganization of coal enterprise integration issues related to notice", the implementation of the "coal mining mergers and acquisitions" since, more than 2000 coal mines were hanging on "country the name" brand. This is known as "the reform of the people back into the country", become a revolution in the past 30 years the largest in Shanxi coal field. This means that, these coal boss if you do not accept the annexation, they would be forced to close the coal mine. Coal bosses think adults, they united law, scholars hold the property law and the constitution, ready to resort to the law.

 

■ blogger comments:

   (seven) for the year ten constitutional example fourth: Shanxi coal integration events.

   Whether the private sector or country retreats, "people" is just a pawn, be at the mercy of. Well, you Rizhao Iron and steel making huge losses, I of Shandong iron and steel will swallow you; you coal boss thunder foot, I merge you; the real estate fire not, I the central enterprises local king killed in frequency......

   Property? Free operation? All sidelined, sorry, not taken into consideration. As the private coal enterprises in Shanxi, the China shouldering the private enterprises has a common destiny, as Wu Xiaobo said: This is like a family in trouble, parents are good to the eldest son, then the two son, the house will continue, it is up to you.

 

3Chongqing college entrance exam, because of the national credit fraud is not admitted to university events

 

　■ case playback:

In 2009 June, Chongqing college entrance exam he Chuanyang because of ethnic identity fraud, has not been admitted to Peking University. Prior to this, Chongqing City, joint investigation group investigation, before the test is verified by He Chuanyang and other 31 candidates of the ethnic identity, to cancel their college entrance examination. Chongqing admissions office of self published after further treatment, 31 illegal examinee cancellation of admission, 15 local officials in things with the discipline inspection and supervision departments. 

■ blogger comments:

   (eight) for the year ten constitutional example third: Chongqing college entrance examinations for national points are not admitted to the University events

   In perhaps the most worthy of sympathy is champion Hekawa Yo: give yourself fraud parents both was punished by Peking University and Hong Kong, he refused to record, and like him and 30 other candidates. But according to the authorities get treatment, but not released. Because of not being open, so generally questioned by the public opinion, is believed to be trying to hide the corruption and backroom deals.

   Many people questioned the rationality of the bonus policy. The university entrance exam 20 points, will have much impact on a person, everyone has to weigh. Behind a false candidates will involve many officials, behind a false identity number of program policies are ignored, one without an increase in 20 points easily trample on the fairness of competition. While the local law enforcement departments closed, the black box is simple to fake students mostly minor refused to information disclosure, reason far fetched.

 

2, "hide and seek" event

■ case playback:

In 2009 January, Yunnan Yuxi North Town man Li Qiaoming were arrested for felling trees, into Jinning County Detention Center, February 8th February 12th "injured in hospital, died of severe craniocerebral injury". For the cause of death, Jinning county public security authorities said, Li Qiaoming injured, is due to the prison inmates with room to play peek-a-boo "game" in the courtyard when they accidentally bump into a wall caused by. Conclusion a, Public opinion is seething with indignation., "hide and seek" a word quickly became popular in the network. 　

In February 27th, the procuratorial organs of Yunnan Province, the public security organ published "conclusion investigation hidden cat" incident: Li Qiaoming from fellow prisoners, beat boxing head after hitting the wall of death. From April to September, high school and the Ministry of Public Security jointly carry out special inspection activities, focused on solving the problems existing in the supervision and the legal supervision. In November 9th, the State Council Legislative Affairs Office announced the "detention regulations (Draft)", the provisions of legal supervision activities shall accept the procuratorate detention. 

 

■ blogger comments:

  (nine) for the year ten constitutional example second: "hide and seek" event

   Have to admit, Chinese prison life atmosphere of joy and fun. How to carry out the happy childhood memory of "peek-a-boo" game in theThe detention center in Yunnan was in ecstasy, is really too put too crazy, eventually also careful not to play to the life.

   Tragedy again warned the world, like "peek-a-boo", then popular general games don't play too crazy, crazy will have an accident. For example, push up exercise, combinatorial games such as notes and laces.

 

1The self Immolation, Chengdu anti demolition event

 

　■ case playback:

In 2009 April, Chengdu City, Jinniu District urban management and law enforcement bureau according to the law on illegal construction Hu Changming once removed, Hu Chang Ming, Tang Fuzhen and their relatives to the demolition was forced to cancel. In November 13th, the law enforcement personnel again according to the implementation demolition, in a stalemate for nearly three hours later, Tang Fuzhen emotional, pouring gasoline to himself and lit cigarette lighter. The night of 29 November, Tang Fuzhen eventually because of serious injury, rescue invalid death. 　

In December, the 5 scholars to the Standing Committee of National People's Congress proposed regulations review "City Housing Units management". Subsequently, the State Council Legislative Affairs Office held a forum, to discuss the system, and expressed in the "state-owned land on the housing levy and Compensation Ordinance (Draft)" promulgated and implemented, "City Housing Demolition Management Regulations" will be abolished. Recently, deputy director of the NPC Standing Committee Law Committee of the National People's Congress Wang Shengming said, relevant departments have been actively promoting the revision of the regulations, the more closely the work.

■ blogger comments:

  (ten) the first of the year ten constitutional example: Chengdu Immolation protest cases

   "Wind and rain can enter the king can not enter" house, a woman named Tang Fuzhen, in the smoke and flames isolated confront the demolitions team. She didn't know, compared with each other, their power is so weak; but she thought, perhaps in front of a life all the rough will be convergence. When once again to the body poured on gasoline, Tang Fuzhen would never think of their outcome was so solemn and stirring.

   The love life of the woman on the last word in the family she was admitted to the hospital is: choose a most beautiful picture portrait. For China society, for China type demolitions, calm case becomes Tang Fuzhen's portrait in the permanent fuzzy thin, November 13, 2009 fortitude solitary figure will, although is the beauty of a woman is not willing to.

   To the people's Congress proposed review "City Housing Demolition Management Regulations" of the Peking University 5 scholars of Mr. Shen said: Tang Fuzhen is not the first self Immolation to resist demolition man. And every one of us worry about is, Tang Fuzhen will not be the last one to abandon life against the demolition of the people Chinese.