From the beginning of the 06 year by the Renmin University of China studies of constitutional and Administrative Law Center organized by the year ten constitutional case, since 09 years ten constitutional case is wildly beating gongs and drums in the vote, is finishing was voted the three most influential, the most representative of the case are as follows,

06 years ten constitutional case

1,"Supervision law" passed

"Law of supervision of the Standing Committee of the people's Republic of China People's congresses" (hereinafter referred to as the "supervision law") from the drafting, review to the August 27, 2006 vote, after 20 years.

In order to guarantee the NPC's supervision not dereliction of duty, not ultra vires, "supervision law" provisions of the existing powers of supervision, regulation and supervision procedure, decided to listen to and consider the "bicameral" special work reports, law enforcement inspection, review of the record, inquiry and inquiry system, and some of the traditional system and program the specific provisions.

"Supervision law" a total of 9 chapters, 48, has come into effect on January 1st this year.

2,Western education free of charge

For a long time, there are education funds safeguard mechanism is not perfect, the quality of education and teaching level is low, the student dropout rates are higher, rural compulsory education, popularizing and strengthening the rural compulsory education is a very difficult task.

In December 24, 2005 the State Council issued a "Notice of the State Council," on deepening the rural compulsory education funds safeguard mechanism reform, pledged to ensure that the 2006, primary and middle school students in rural area compulsory education stage tuition and fees from all; in 2007, the free policy to expand to the central and eastern regions, students from poor families to provide free textbooks and subsidy for boarding fee.

3,Withdraw the approval right of death penalty

Experienced a full recovery from gradually into the process of China's death penalty.

In 1980 February, the NPC Standing Committee decided to murder, rape, robbery, arson, explosion, and other serious crimes, shall be sentenced to death penalty cases, high law can authorize the Supreme Court approval.

In October 31, 2006, the Ten Session of the twenty-fourth meeting of the NPC Standing Committee on Revising the "high vote of the 'Organic Law of the people's courts' decisions", the "people's court organization law" thirteenth shall be amended as: "the death penalty is decided by the Supreme People's court shall to, shall be submitted to the Supreme People's court for approval."

This year in January 1st, the Supreme People's court to exercise unified all the right to approve death penalty.

4,"Property law (Draft)" the constitutionality of academic controversy

In August 12, 2005, Peking University law school professor of jurisprudence Professor Gong in the online published an open letter -- "a violation of the Constitution and deviated from the principles of socialism of real right law draft ''", said the basic principles of the draft law violates the constitution, deviating from the socialist direction, turn back the wheel of history, through changes in principle to pass.

After that, "property law (Draft)" from the legislative track predetermined, not in 2005 12 at the end of the Ten Session of the nineteenth meeting of the NPC Standing Committee on schedule to accept the "five investigation", to consider agenda has not been included in the 2006 March National People's congress.

The "property law (Draft)" about the constitutionality of the storm has intensified, many famous scholars of civil law circle including once participated in the "property law (Draft)" the famous Renmin University of China law professor Wang Liming, the drafting of the Peking University law professor Yin Tian and others have been known to Gong Xiantian view refute.

In December 25, 2006, the Ten Session of the twenty-fifth meeting of the NPC Standing Committee on the draft of property law of the deliberations, the Standing Committee members generally agreed that, "property law (Draft)" through repeated deliberation, has been more and more mature, in favor of the Ten Session of the National People's Congress five conference held in March 2007.

Thus, the delay for a long time "property law (Draft)" constitutional academic dispute temporarily draws to a close.

5, Shenzhen "prostitution woman show" event

Beginning in November 24, 2006, the Futian Public Security Bureau for 60 days of large raids in the region, banned illegal, illegal sites, a comprehensive anti pimp, lamp holder (receiving drug organizer), Zito, Mommy, umbrella and the gangs.

In November 29th, the Futian District Public Security Bureau to hang out "Futian Public Security Bureau blow punish prostitution illegal processing conference openly" banner, will the big 167 people arrested in the raids and to a vice establishment of "sand" (sand, sand and sand spit) area paraded through the streets. These people are wearing masks, face almost all over, leaving only a pair of eyes. The police read the name and origin of their respectively in the crowd, sentenced to administrative detention 15 days of each.

It is reported, the community reacted strongly, in December 1st, Shanghai promise law firm lawyers Yao Jianguo to the National People's Congress wrote an open letter, said "this is illegal." But, "it is necessary for the public spectacle to the form of legislation to be banned."

6,Fujian Zhangzhou "large taxpayer children senior high school entrance examination points" event

In 2006, a regulation issued in Fujian province Zhangzhou city caused the widespread dispute, namely "by the Zhangzhou City Hall do private enterprises in Zhangzhou city 2005 review published before 100 large taxpayer holding enterprises main children (foreign children also refer to the present provisions), can enjoy 20 points (class 13 points) care."

Zhangzhou City Education Bureau deputy director Luo Shazhou in an interview with the media said, "this is the municipal Party committee City Hall decision, mainly considering the development of the private economy in Zhangzhou city is relatively backward, industry set up city progress was slow, this is to encourage the private enterprises, to create a favorable investment environment for them."

Local authorities said the policy, private enterprises will become the biggest driving force to promote the economic development of Zhangzhou city. Now that the taxpayer has made great contribution for the society, the society does not return present for present?

7,Mobile phone short message insult county Party Secretary

In 2006 September, Chongqing Pengshui Tujia and Miao Autonomous County Board of education for cadre Qin Zhongfei seconded Que "fill in the spring of Pengshui" and alleged defamation of arrest.

The word metaphor rumors have been arrested in Pengshui County, the original county Party Secretary Ma Mou, and the current Secretary of county Party committee, county magistrate, and create a great sensation of the two official civil disputes, 3 government public works.

Subsequently, Qin Zhongfei put his favourite work "to the 10~15 friends" by mobile phone short message; and through the QQ "to 4~6 users".

In August 31st, Qin Zhongfei was taken away by the police. The public security organ that, Qin concocted a cause of public anger, serious damage to the social order and the county leadership honorary word, think "will affect social stability and political stability".

After a day of trial, the county public security organs for alleged defamation Qin Zhongfei criminal detention, in the detention house. In September 11th, the county's Procuratorate approved the arrest of Qin Zhongfei, if convicted, Qin Zhongfei will be 3 years in prison.

The case reported by the media, caused great repercussions in society. In October 24th, the County Public Security Bureau recognize defamation case belongs to the wrong, apologize to Qin Zhongfei, and to receive 2125.7 yuan of funds for state compensation. ,

8, "Meng Mu Tang"

In 2004 September, full-time private school "school" in Shanghai Songjiang opened, the teaching contents to the classics, such as "book of changes", "moral", "the Analects of Confucius" and other China ancient classics; English from "A Midsummer Night's dream" started; mathematics by teachers according to the reading education idea, reorganization of textbook, editing mathematical curriculum; sports a yoga, Tai Chi, self-cultivation movement.

In July 17, 2006, Shanghai Songjiang District Education Bureau issued a notice, "Meng Mu Tang pointed out:" illegal education institution, is engaged in illegal activities, should immediately stop illegal behavior. The 24 day, the Shanghai Municipal Education Commission spokesman described the three big reasons: without the approval of school educational administration department, did not obtain the license; "reading classics" and compulsory education, multidisciplinary, comprehensive development requirements do not match, in violation of various provisions of the compulsory education law; not by the price department audit, unauthorized charge high tuition fees. While parents are not in accordance with the provisions of the school-age children to educational institutions approved by the state to receive compulsory education, also belong to illegal behavior.

However, "Meng Mu Tang" responsible person said, Meng Mu Tang did not violate the "compulsory education law". The Education Department of the notification and public speaking, no legal basis, and is ready to civil and administrative proceedings are suing the Songjiang District Education Bureau of Shanghai city and Shanghai City Board of education, safeguard their legitimate rights by legal means.

9,Zhengzhou city is not the special work reports

In October 24, 2006, twelve in Zhengzhou City People's Congress Standing Committee twenty-fourth meeting, Zhengzhou City Hall relevant responsible person made a "'about urban and rural vulnerable groups difficult, expensive medical problems' representative bill management situation report" (hereinafter referred to as the "representative for the motion situation report").

Is beyond all expectations, the report by the vote failed. The reason is that people think that management report too, and the general public "as long as the government attaches importance to, did not solve the problem of" psychological expectations too high.

This is not an accident, the country had such a case.

In 2006 December, the Standing Committee of Gansu Province, Jinchang City People's Congress rejected the Jinchang Municipal Public Security Bureau police work report.

In 2006 June, Jingzhou City, Hubei Province, the third session of the eighth meeting of the Standing Committee heard and deliberated City Hall on optimizing the environment for economic development and job status report. In 29 of the vote, on optimizing the environment for economic development report has not been approved.

The Xinjiang Uygur Autonomous Region Changji city of the Sixth NPC Standing Committee twentieth meeting rejected Changji City Hall report about the 2004 financial statements and budget implementation during the first half of 2005, the reason is financial pre Changji City Hall expenditure exceeded the NPC approved, in violation of the "budget law" behavior in the implementation of the budget.

In December 28, 2001, the twelve the Guangxi Zhuang Autonomous Region Hechi City People's Congress Standing Committee twentieth meeting, rejected City Hall did punish Internet work report.

10,"Steamed buns" KUSO "electrodeless"

Hu Ge it overnight, fame is the reason why he parodies the famous director Kaige Chen "enormous" no cost.

In 2006, "KUSO" this is not standard words be rash and too much in haste to leap into the public view. Open the "Baidu", the parody, full name is "bad funny", is the lead character will become warped, or is the story amused, also can use such words to explain the wulitou.

When "electrodeless" success is not a good judge, Hu Ge spoof film produced by a Steamed buns "murder" quickly became popular in the network. Clip the minister about 20 minutes, intercepted a "electrodeless" screen, by re editing, dubbing, in a joking manner to the edited into a movie and have no relevance news documentary. The film also according to plot with funny advertisement, people simmer with laughter.

"Electrodeless" director Kaige Chen after know this matter, quite angry, "we must prosecute and will solve this problem exactly", "I think people can not shameless to the point." Kaige Chen angrily to resort to the law "threat" did not end the Network KUSO wind, but increased, a variety of versions of the KUSO works.

The dispute with Kaige Chen abandon the end, but it has brought the relevant legal issues.

07 years ten constitutional case

1, Chongqing "the most cattle nail households" event

Yang Wu, Wu Ping couples with the constitution to protect their private property, the "constitution" amendment No.22The provisions of the dispute. In this context, the Constitution for theProtection of private property rights and the important significanceIn the effect and influence of the implementation of the preparation period of legal documents become the focus of academic and public attention.

2, Shanxi black brickkiln event

Shanxi black brick kiln incident is related to the protection of human rights, the responsibility of the government's constitutional events. It is a reflection of the local government in the protection of human rights and duties on the absence and dereliction of duty. In the2004The constitutional amendment, we formally confirmed that "the state respects and safeguards human rights" principle, this principle is not only the attitude of the state in the protection of human rights, also means that the state should bear the responsibility to respect and ensure the reality of human rights protection.

3, because of cohabitation "no sign" induced fetal death case:

Including the right to life content constitution established the basic rights of citizens in the system. The right to life is the foundation of other fundamental rights. The case will beThe relationship between the right to life issues, and system regulation of emergency and responsibility mechanism is put in front of the government and the public.

4, 69Experts and scholars proposed to abolish the reeducation through labor system event signature:

The biggest problem is the lack of the system of reeducation through labor legislation of the National People's Congress, especially the lack of cohesion and the legislative law. Constitutionality, reeducation through labor system under this background and the implementation of the principle, has become the focus of attention of the legal reservation.

5, the promulgation of the labor contract law and the resignation of Shenzhen Huawei employees seven thousand events:

The new "labor contract law" on the improvement of the labor contract system, will be more conducive to the protection of workers "constitution" of the right to a basic right. But how to solve the problem of laborAvoid responsibility phenomenon, and the thinking of the government on the management responsibility of people in need.

6, Shandong Zibo Zichuan district to implement the urban and rural areas by the same proportion of the population elected deputy to the National People's Congress events

And the same proportion of electing deputies to the people's Congress is the current election law, is conducive to the realization of equal rights of citizens, is conducive to the further perfection of our electoral system

7, "the decree of government information openness" formulation and 8,XiamenPXProject events

The two events directly reflects the relationship between the government and citizen in modern rule of law, the citizen's right to know, right to participate, supervise, should be guaranteed the right to freedom of expression.

9, Shanghai Municipal People's Congress rejected Shanghai City Hall bill event: the supervision right of the NPC

Supervision of people's Congress and its Standing Committee, is an important power endowed by the Constitution and the law of the organs of state power. The NPC's supervision workNot strong enough or the effect is not ideal for many reasons, the Shanghai Municipal People's Congress out of a welcome step.

10, the State Administration of radio entertainment, "reality shows" limit:,

   The events that led up to the constitution about the relationship between government regulation and social autonomy issues and how to realize the government management and guarantee the spiritual and cultural freedom is worth pondering.

 

08 years ten constitutional case

   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 mourningFromScienceWww.studyez.com