Experts Say the Eradication of "Because Speech Crimes¡± - By: Serena Du

Experts Say the Eradication of "Because Speech Crimes¡± in the Local Administrative System and so Need to Wake up

In the community's close attention, the informer met chase provinces Peng was released, Wuzhong City, Ningxia Hui Autonomous Region, said this was a private prosecution case will be handled in accordance with the Public Prosecution wrong case, should be corrected. Currently, treatment of the case has direct leadership responsibility Wuzhong City deputy police chief, etc. He Zexiang is removed from office. Wuzhong City has also instructed the relevant departments involved in matters relating to the case for further investigation

November 23, Gansu Provincial Library staff Peng Wuzhong City police were "suspected of libel," criminal detention. Earlier, Peng repeatedly write reports University classmate Ma Jingjing cheating in civil service recruitment. Peng Wuzhong City police believe the behavior of "serious harm to social order and national interests", and then submitted the "alleged defamation," the implementation of inter-provincial arrest.

In recent years, our citizens, "because speech crimes", to be known as "libel" cases who were chase provinces have occurred. Such cases have such a major rule - first investigated by the police, "detractors" and then stir the media and the public rallied Mingbu Ping, and finally the police or taken off the case, or apology, or compensation for the "detractors" scrubbing " charges "until the investigators were held responsible.

How should cut off the "defamation" indiscriminate use of hand? According to Article 246 of the Criminal Law the provisions of paragraph 2, of defamation is "to be handled only" cases, but "serious harm to social order and national interests other than those."

Relevant legal experts said the libel would have been subject object, the subjective and objective elements of the many. Subject and object, shall be a natural person, not governments or organizations, individual citizens themselves to the people by the courts, rather than use public rights.

In reality, these "defamation" in the event, the relevant departments as soon as possible after ascertaining the facts is not to verify the authenticity of posts and contents of the letter, but by the "presumption of guilt" approach to targeting critics, some local officials, emotional and likes and dislikes, a libel case has been established and not.

In this regard, attention has long been the central political and legal departments, and issued documents to be constraints and norms.

2009 Nianxia Ministry of Public Security issued a "strict accordance with the law on notice of libel cases insulting" stern said: Some people criticized from different perspectives, recommendations, performance of the exercise of democratic rights. If the masses of the criticism, complaints and a number of radical words as insult, slander, the use of penalty or punishment to resolve law and order, not only no legal basis, and may intensify the conflict.

For the "serious harm to social order and national interests" are defined, notice is very clear: First, because of insults, defamation cause of mass incidents have seriously affected the social order; the second is due to insult, slander diplomats, visiting foreign heads of state, government leaders and other personnel, adverse international implications; third is due to insult, defamation caused serious harm to the national interests of the other cases. Control the behavior of Wang Peng, apparently did not constitute "serious harm to social order and national interests," the treatment Wuzhong opinion illustrates this point.

"Now some local governments and public officials to listen to any criticism, it is an anomaly." Zhang Ming, the Chinese People's University political science professor, said, "citizens and officials of government supervision and have the right to criticize, which is a constitutional the fundamental rights granted to citizens.¡±

Article 41 of our Constitution: "Citizens of the People's Republic of any state organ or staff have the right to criticize and make suggestions; for any state organ or staff of illegal acts, with the relevant state organs complaints the right to sue or report.¡±

Secretary General of China's administrative reform, Professor Wang Yukai, National School of Administration, said: "The government only under the supervision of the citizens in order to avoid detours, so even if the citizens are sometimes criticized not exactly accurate, officials should also hold 'with the change of , if any, Mian 'attitude in the face. Furthermore, the Government has a public body, officials are public figures, and representatives of citizens to exercise public affairs, citizens have the right to supervision and criticism of course. "

This year in August, the Supreme People's Procuratorate relevant person in charge of the media openly stated that defamation cases must be strictly reviewed for checks. How strict, he raised three points, the third point is crucial, that is, the next higher level to establish defamation cases Procuratorate approved arrest system. For some time, the public security organs to arrest the defamation case, the admissibility of the Procuratorate, after examination that the prosecution case and have arrested are necessary, make arrests in the next higher level's Procuratorate approved before a decision should be to help grass-roots procuratorates eliminate interference and ensure quality of case handling.

Experts said that the institutional arrangements seem short, but can clearly see that the grass-roots level system design and practical concerns. "This is not what I said, is the above requirements, they do not agree to catch." Grass-roots Procuratorate told reporters that this can become a shield for them to avoid interference.

To eradicate the citizens "for speech crimes" phenomenon, experts believe that the government should have more courage to reflect local administrative system and the judicial mode of operation and right channels of the problems of relief and reform in depth, which is building the rule of law issues the proper meaning.

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