" it is carried out that the high penalty is low " It initiates discussing warmly to pronounce guilty

" it is carried out that the high penalty is low " It initiates discussing warmly to pronounce guilty
Staff reporter Feng LiZhongIt is adopted that 3 health supervisors in Feng County Health Inspection Institute of provincial governor in Anhui enforced the law because of the hygiene " it is carried out that the high penalty is low " Method,adjudiacating in the first instance whether last " the crime of abusing one's power " . August 18 of this edition>The article reveals that causes greater response in the society after this.Publication on August 18 of this edition>After the article, the local main media has reprinted the article, several dozen websites have transmitted this gently. Later, net friends put forward one's own view and suggestion with the card one after another. According to news that reporter obtain newly, Hefei the intersection of city and intermediate people's court make final judgement to case this already, cancel the first instance judgement of the long people's court of Feng County, send back and rehear.This phenomenon merits attentionOne that is in network, with card, to declare guilty 3 supervisor express sympathy a lot of net friend. " the healthy each " one net friend say this QA in the administrative law enforcement at present, it is not crime but a mistake, but will watch out for attention too.Net friend says with feeling, this really makes the supervisor at the basic level bitterly disappointed! How is the law-enforcing work of hygiene done later? Another net friend puts up on the net " Guilty concept of abusing one's power and composition " And then think, carry out and commit crime uncompletely, the law does not have relevant regulation. Have persons of net friend say if this case establish, who still enforce the law? Court's judgement is very difficult to carry out now, does the court sentence too uncompletely while carrying out? " medicine supervises the world " a net friend says, attacks and practises medicine illegally actively, but is arrested a crime of abusing one's power, hearts are all cool! What especially made people unable to come round to the idea is, the case not carrying out is transferred in the court and enforced, responsibility is still pushed back into the supervisor's head! Another net friend says, this is a kind of phenomenon of meriting attention, not rarely seen in medicines supervise and enforce the law, worth watching out for. Net friend says, this is a common fault of a law enforcement agency, it is a helpless result too. How many law enforcement agencies does the whole nation have to enforce the law like this? Is the law lacked'the superintendent office should draw the lessonAnd many net friends analyze the details of the case in terms of law, think the superintendent office of the hygiene should draw the lesson in the case from then on. " the the intersection of hygiene and home" one net friend say law imperfect it improves to be true by systemming in hygiene enforce the law at present, it enforces the law difficult to be true, but we it enforces the law to be true too in the course. " it is carried out that the high penalty note is low " It is inevitable in law enforcement, but must accomplish the procedure. It is low while punishing, must state that defends oneself and records to the party, hold and shut the parliament, people realize the situation of attitude, illegal activities, rectification and improvement, punishment endurance,etc. according to being forfeited, presided over by chief leaders, alter the decision punished collectively, then enforce the law." the healthy each " one net friend say judgement this to surmount, imagine a little by the look of social phenomenon, but is really challenging the random that the administrative law enforcement that we are accustomed to and show no concern is judging quantity from the long-term construction of law, there are certain meanings!It should be rational and legal to assign the decision for punishmentExecution in some net friend enforce the law to hygiene also difficult to carry on discussion, help first line supervisor how reply, give an idea in concrete operation.A net friend says, the administrative behavior confirms strength, restrain relative people and restrain the administrative subject too. This case is reduced or remitted and fined to make partial performance, though may be excusable while enforcing the law actually, but illegal in form. It has difficulty in for the party to fulfil, can " postpone or pay by stages " according to the regulation of law of administrative penalty ,A among them one " All right " Interpreted as the advocating norm, has not understood the essence that the law keeps, make the procuratorial organ think it has suspicion which betrays common power.Net friend says, by time limit applying to enforce, or adopt phased payment, or go to apply to enforce. Otherwise, the fining and confiscating the fund of the other side if can not put in place, the enforcer wants the responsible one.Net friend thinks, while making administrative penalty to the party, should consider the party's ability to perform, assign the appropriate written decision for punishment rationally and legally, should do a good job of the communication with the party. Listen to original, defendant's opinions of both sides first in most court's judgements now, in a situation that both sides can accept, assign the court verdict, so can reduce social factor leading to social instability and lawsuit cost.Net friend proposes, this kind of situation can not be avoided: First, consider the factors of various fields when quantity is fined, can't be with supreme limit punishment easily; Second, really there are special circumstances that need reducing or remitting, will discuss to make the decision collectively while working by the health bureau; Third, forfeited the target and does not cooperate or not pay fining, is transferred in the court and enforced.
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