The fifth talk case analysis Sun Zhigang illegally holding the death

 Sun Zhigang was illegally receiving death case

 

 

The victim Sun Zhigang inFebruary 24, 2003 was hired by a company in Guangzhou, for a night out without Id be mistaken for the homeless was Guangzhou City asylum asylum. Subsequently, Sun Zhigang disease, was sent to the asylum staff treatment station treatment. A few days later, Sun Zhigang was the same ward personnel killed eight inmates.

 

In May 14, 2003, the mainland three doctor of law (article forty-first of the constitution that citizens to exercise the right of suggestion) jointly proposed to "city vagrants and beggars detention and repatriation measures to the NPC Standing Committee (hereinafter referred to as": "repatriation measures") were unconstitutional review application.

The applicant believes that the State Council had no right to formulate "sent" to restrict the personal freedom of citizens rights. "The constitution" and "repatriation measures", "legislative law" and "administrative punishment law," the relevant regulations, should be changed or revoked.

 

The State Council inIn June 20, 2003 published the "city living without the street begging rescue personnel management approach" (hereinafter referred to as: "management measures"), also abolished the Council issued in 1982 May "city vagrants and beggars housing and repatriation measures .

 

Analysis of the problem:

The 1 case is the constitutional review, or unconstitutional review?

2 who is unconstitutional subject?

3 from the "repatriation measures" and "management measures" of the title two measures differ? The difference reflects what the constitution value?