On July 2, after front courtyard careful ends, tang Hui awaits inside the court. That day, tang Hui appeals to always state city service teachs appoint one case 2 careful are tried in open a court session of Hunan Province tall courtyard. Graph / rich of reporter Gu Peng
The Tang Hui that dispatch of our newspaper Changsha gets attention fully appeals to always committee of education of state city work (the following abbreviation always state city service teachs appoint) one case, was in 8:30 on July 2 morning Hunan Province tall courtyard 2 careful are sessional. Mark of Tang Hui and its lawyer Xu Liping, riverside is strong (Small gain)Arrive as agreed upon front courtyard, when first instance because busy of public affairs absent always director of state city deputy mayor, public security bureau, fatigue teachs appoint director Jiang Jianxiang also appears on the court. Midday at 1 o'clock, the judge announces " basic fact already made a thorough investigation of, but sue just mix be appealed to just go up in controversy problem difference is too big, choose period is adjudged " .
In be as long as in the front courtyard careful of 4 many hours, the focus of bilateral argument centers in 3 respects: "Fatigue teachs a decision " have factual ground; If Tang Hui is taught to break the law by fatigue, how are compensatory limits and number level maintained; The fact that first instance holds and procedure are correct. Among them, executing fatigue to teach to Tang Hui is administration break the law or resemble always state city service teachs appoint what what say is " undeserved " , become most the controversy dot of core.
Careful of this second front courtyard, come from domestic and international 35 media in all 50 reporters enter a court permissibly. In addition, committee member of delegate of National People's Congress of 40 whole nations, province, city, the Chinese People's Political Consultative Conference, and social community delegate attends careful of audit front courtyard. Province tall courtyard issued Tang Hui proposal through its government small gain the message of 2 careful open a court session, information is concerned before making public front courtyard careful immediately, sign up to all media reporters that apply for audit, the lawsuit before front courtyard careful participatfree modern dining chairses in person, media to enter waited for a circumstance to all mharrison hot spring dealake small gain sow a newspaper. Legal group public figure says, hunan Province tall courtyard " small gain direct seeding " reflected new atmosphere of a kind of judicatory.
[Debate central issue]
Is fatigue teachs Tang Hui break the law or is administrative action apparently improper?
Xu Liping thinks, on August 10, 2012, hunan Province fatigue teachs appoint decision cancel teachs a decision to Tang Hui's fatigue, mean always state city service teachs appoint teach a decision to be denied to Tang Hui's fatigue, "Cancel " the illegal sex that affirmed fatigue teachs a decision namely. Even if executes the law behavior " apparently undeserved " , the other side also ought to bear the consequence that the country compensates for.
Always state city service teachs appoint think, cancel teachs a decision to be not administration to break the law to Tang Hui's fatigue, however " oversight the special situation of Tang Hui and its daughter, cancel decides to reflect the human nature to them to show loving care for " , administrative action " apparently undeserved " do not represent break the law, since do not break the lawbrass faucet aerator , nature need not be compensated for.
If fatigue teaching is belonged to break the law, how should compensate for?
Always in the first instance ofthe best selling watch cases city quadrangle, tang Hui raises compensation of compensation of 1463.85 yuan of countries, loss of 1000 yuan of modern dining chairsspirit, and always state city service teachs appoint 3 requirements of written apology, in 2 careful the requirement was not changed this at 3 o'clock. "I value written apology more, economic compensation is symbolistic only. " 2 careful are sessional before today, tang Hui says to the reporter.
Always state city service teachs appoint express to this " the decision does not break the law, the problem that does not talk how towatch casebrass faucets be compensated for so " . Its representative lawyer emphasizes for many times, "Hunan Province fatigue teachs appoint decision cancel teachs a decision to Tang Hui's fatigue, but did not maintain in the administrative book that reconsider always state city service teachs appoint administration breaks the law " . Jiang Jianxiang is right when the speech Tang Hui's mother and daughter " express regret " , but emphasize be not admit fatigue teaching is illegimate, however because of " the special situation that did not know 2 people of mother and daughter beforehand, did not accomplish enough humanitarian consideration excuse " .
Are the fact that one adjudgement holds definitely and procedure correct?
Xu Liping and Pu Zhijiang think, 7 when Tang Hui is maintained by the court " disturbed security of society " in behavior, be in besides first time happening always outside the city, other all happen 6 times in Changsha, "Always state city service teachs appoint jurisdictional to happening in the public security case of Changsha to do not have " . In the meantime, two lawyers emphasize fatigue teaching a decision to be shown by cancel its are illegimate namely again quality, always city quadrangle rejects Tang Hui appeal to demand a plea, do not have a truth.
Always state city service teachs appoint think, education of Hunan Province work manages the administration that committee makes to reconsidered decision book to decide illegal fact of Tang Hui, undertake to its fatigue teaching is duty place completely, the process is legal, always the court decision of citythe most popular watch cases quadrangle is to be depended on lawfully of compasses, do not have a fact not clear, evidence is insufficient.
[Case reviewing]
On August 2, 2012
Always state city service teachs appoint be troubled by with Tang Hui visit, tangle seek order of serious disturbed unit and social order, decide pair of its work education 1 year 6 0 months. Classics administration is reconsidered, in those days on August 10, hunan Province fatigue teachs appoint decision cancel teachs a decision to Tang Hui's fatigue.
On January 23, 2013
Court of intermediate people of Xiang Yongzhou city carries Tang Hui politics of start on a journey compensates for lawsuit. Always the same year of court of state city intermediate people was tried via making public on April 12, adjudicate the suit that rejects Tang Hui requests on the court. Of the same age on April 30, the Tang Hui that first instance loses a lawsuit mails administrative petition for appeal, to the province tall courtyard puts forward to appeal. Of the same age on May 15, save tall courtyard to accept this appeal proposal.
[Expert view]
Open be a visitor at a meeting is a kind of progress
Tang Hui case opens be a visitor at a meeting to delegate of National People's Congress and media when 2 careful, to this one act of Hunan Province tall courtyard, wang Fu of lawyer of partner of office of Zhen Banglv division expresses Beijing: "No matter be media or ordinary people,go audit, this is the assurance that adjudgement makes public, and the basic premise that rules making public is adjudgement justice. Will tell from this detail, we can see the effort of harrison hot spring weather forecastHunan Province tall courtyard, this is a kind of progress. This is a kind of progress..
Wang Fu expresses, fatigue teachs a system the biggest question, depend on can not stripping via judicatory program the person's person is free.
Chinese politics and law expresses in Chen Guang of university ex-president, lifelong professor, work education system arrives now have been one puts useless issue. "Hopeful of second half of the year stops fatigue to teach a system this year, the relevant section such as legislative branch already was in prepare. " say in Chen Guang, stop, be told from substantial meaning even if abolish, "Present fatigue teachs a place to already received fatigue to teach an object no longer actually, each district circumstance may have different, from already stopped on the whole for the whole nation " . Introduce in Chen Guang, the program that suspends fatigue to teach a system is more complex, must pass standing committee of countrywide National People's Congress to approve. After fatigue taught a system to stop, still must consider original work to teach an object to do not have a place to be in charge of, if want a canal,want how the specific issue such as billabong.
[Auditor says by]
Hope all service can be straight communal incident
Constant of heart of delegate of National People's Congress of the Changsha City, Beijing (Changsha) Cheng of Sun Peng of attorney office director suffers request be a visitor at a meeting careful of this front courtyard. "In case controversy so big case falls, can take try of so open front courtyard very god-given, pass such means to be able to reveal process of controversy of front courtyard careful adequately. " Sun Peng Cheng says, hope this kind of form can become normal state, all service can accomplish straight face communal incident.
This is Sun Peng Cheng suffers the 2nd times invite attend front courtyard careful, he thinks this is meant " more and professional domain is opened to National People's Congress in watch case manufacturerdeep administrative levels " . Accordingly, it is very important to groom to what National People's Congress represents, "Want to be able to understand ability to undertake judicatory supervise, we should ask ourselves above all ' have ability to undertake supervise and be makinged judging " .
Sun Peng Cheng thinks, fatigue teaching system is below the case that did not try through judicatory privative one the individual's person counterpoises, "The spirit of modern legal system that does not accord with program justice " .
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