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Southern News yesterday held its seventh "Guangzhou administrative case reviews will", the Guangzhou Baiyun District, on behalf of the people Kobayashi posting small ads in a labor camp because of a case of meeting the legal profession was "shelling." Guangzhou Intermediate People's Court Xiao Zhixiong Administrative Tribunal said that although the Court upheld the decision to maintain the detention, but the case does not mean there is no problem. The reason for discussion, "we are ready to accept criticism bundled together with the public security."
This review will be jointly organized by the Guangzhou Municipal Court and the Guangzhou Municipal Government Office of Legislative Affairs, administrative trial court judge in Guangzhou, the Guangzhou municipal government bodies legal officers,hogan donna, provincial Lawyers Association and Visiting Professor, totaling more than 360 people attending.
Yesterday afternoon,hogan outlet ufficiale, as the Guangzhou Municipal Administrative Cases will review the first case, on behalf of inmates Kobayashi was launched to discuss the case. June 19, 2010,zanotti pas cher, on behalf of Kobayashi in Baiyun District Wo Street flat sable posted handle license plate, license and other small advertising. When police found the residence to check their inquest tools and unlock tool control, ordered to summon the investigation. July 19, the Guangzhou Municipal Detention Commission finds generation Kobayashi forged or altered,air max solde, sale of official documents, certificates,giuseppe zanotti sneakers, stamps, decisions about their detention for one year. Generation Kobayashi refused to accept the administrative reconsideration filed after the Provincial Detention Committee decided to maintain the labor camp inmates City Commission made.
Kobayashi taken to court on behalf of, the decision to set aside the above reeducation through labor. Baiyun District Court of First Instance, the City Court of second instance was dismissed its appeal and upheld the original verdict.
In the administrative case review meeting yesterday,giubbotti woolrich, more than the legal profession finds evidence surrounding the case, legal issues applicable to discuss and question the detention system under the current legal system is reasonable.
Secretary-General of Provincial Administrative Lawyers Committee Hu Xuan times that: According to the "Legislation Law" and "Administrative Punishment Law", for the restriction of personal freedom of administrative punishment or some legal measures must be undertaken by law liberty penalty . Inmates are restricted personal freedom. Applicable case law is wrong. Notwithstanding the relevant provisions of reeducation through labor, but with the existing legal system is contrary to the.
Guangzhou Intermediate People's Court Administrative Tribunal Xiao Zhixiong said that the annual review of administrative cases will be the first review of all cases of public security. Because the police power and is closely related to many of our rights. Directly affects the size of the police power of the size of the degree of freedom of citizens.
He called attention to the consequences of reeducation through labor. He noted that some people in one to three years of reeducation through labor, it is difficult to return to society, it is difficult to survive, which may lead to these people crazy revenge on society, or even rise to a lot of vicious criminal cases.
Wuhan University Law School Professor Lin Lihong, said: "I can only say, Guangzhou court case can generation Kobayashi labor camp for open discussion comments,peuterey outlet online, a lot of courage."
Focus of controversy
The presence or absence of evidence of illegal public security program
Guangzhou Intermediate People's Court of second instance judge: Kobayashi residence in the generation of three plates seized without the relevant authorities identified as a fake license plate. Kobayashi as an intermediary on behalf of the fact that handled the fake license plates,giuseppe zanotti pas cher, only on behalf of Kobayashi's personal confession,hogan scarpe, Guangzhou City Detention Commission did not conduct additional investigation.
Guangzhou Municipal Public Security Bureau chief Zhang reconsideration respondent: the present case, the inspection certificate issued by law enforcement officers. But as a security guard, is entirely entitled to enter homes to conduct a search of. Either in the "Asian" in the background, will not be carried out on behalf of Kobayashi detention.
Director of the Guangdong Provincial Local Taxation regulations Gongxue Quan: Guangzhou in two court cases on behalf of Kobayashi labor camp too support the executive,chaussures zanotti homme, the courts have lost the impartiality and independence.
Shenzhen Intermediate People's Court administrative court a judge: generation Kobayashi in a labor camp, police presence prior convictions,woolrich outlet roma, the situation is looking after the grounds.
Guangzhou Municipal People's Congress, Mr Tsang Tak-hung: The only way to confirm the fact that one Luantie small ads,piumini peuterey outlet, and second, possession of controlled knives. Luantie something and the case has nothing to do with unlocking tool. Other facts can not be confirmed.
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Baiyun District Public Security Bureau deputy director of the Legal room Junli Li: the existence of an illegal check on police raided housing problems. Police have handled the case inspection certificate, inspection certificate and inspection record and have my signature on behalf of Kobayashi, the problem of illegal search and examination does not exist.
Law applies if there is a problem
Guangzhou Municipal Lawyers Association Administrative Committee Director Xingyi Jiang: From the perspective of a lawyer,hogan interactive outlet, should revoke the decision to carry out work on behalf of Kobayashi upbringing. His first obtain evidence,hogan outlet 2014, the program is illegal. Source of evidence of just one person's confession. These two witnesses are legally flawed, they are two security guard,air max pas cher femme, not selling fake license plates or other documents of the beneficiaries.
In the application of the law is also problematic. Kobayashi does not have to be working on behalf of parenting behavior, it can not be incorrigible, incorrigible is a crime repeated many times,woolrich parka, but on behalf of Kobayashi previous robbery and snatch the case with no legal relevance.
Public Law Research Center,hogan outlet milano, Guangzhou University researcher Jiangyin Hua: After the withdrawal of criminal cases evidence collected as evidence of reeducation through labor to make a decision, there is a problem.
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Huangpu District Government Office of Legislative Affairs Liu Zhicai: Because between administrative penalties and criminal law and order management is there butt, not because of a criminal off the case, and the evidence obtained in the criminal investigation can not be used as evidence.
Interview
"Small ads posted off a year and a half, it might as well rob"
Yesterday, the vice president of Guangzhou Yuming Yong, Guangzhou City Intermediate People's Court Xiao Zhixiong Administrative Tribunal accepted the Southern Reporter interview.
South are: why special attention to labor re-education and other public security administrative litigation cases
Yuming Yong: Guangzhou last two court handled administrative disputes involving the Guangzhou public security system 164, including 13 cases of detention,woolrich outlet bologna, public security detention administrative litigation almost no one lost. Compared to 2009, last year, the Guangzhou public security administrative proceedings involving a substantial increase of 114%.
Xiao Zhixiong: Detention strict legal sense, is contrary to the higher law,air max pas cher, but also for personal rights is greatly restricted. Shenzhen, a judge made it very good, robbery is one and a half years, posted a small advertising is a year and a half, it might as robbery. Detention is a common social public security management model, in a sense but just the opposite.
South are: how to evaluate the reeducation through labor system
Yuming Yong: In the long run, will certainly reeducation through labor "end." Detention is now subject to compulsory measures,hogan nuova collezione, but not any compulsory education law procedures, detention provisions in 1957 is already on the prescribed severe discomfort for now. Strictly in accordance with the administrative punishment, administrative proceedings is concerned, the vast majority of reeducation through labor can be revoked.
Xiao Zhixiong: the legislature did not deny detention, the judiciary can not be denied. Emphasize public security detention is very important, but they ignore that the detention of a person after three years of its social consequences.
Written: Southern Reporter intern Liu Pengfei sea according to Integration: Chen Shi
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