标题: and promote citizen participation from the perspective of a public [打印本页] 作者: rrt0p0frty67 时间: 2014-10-21 13:47 标题: and promote citizen participation from the perspective of a public Read tips
Together because of "information disclosure" administrative proceedings initiated recently in Luohe City Intermediate People's Court.
Zhumadian peasant husband after physical altercations with others missing, three months after his body was fished out of the pond. The police, after preliminary investigation and autopsy identified the drowning death of the deceased was alive, decided not to file. And Bai Wenping Department insisted that her husband had been victimized, ask the police to open the investigation report, the police refused. After several fruitless negotiations, administrative proceedings to the court. It is understood that the case five years ago, the State Department since the implementation of the "Regulations on Open Government Information", Henan public security organs because the information is not public and become the first case of the defendant.
How to crack the "government information is not publicly" gridlock, case of significance seems more important than winning or losing a lawsuit.
Lawsuit
?
Police refused to disclose the relevant information to be prosecuted
Bai Wenping think, Yancheng police duties lazy behavior violated her legal rights.
At 9:00 on December 28 2012, due to the application of information disclosure suffered an administrative lawsuit refusal triggered in Luohe City Intermediate People's Court, and the woman from Zhumadian To Fan Xiao dead husband was discussing. The court presiding judge Li Shengli will be defined as "hearing investigation." It is reported that the case has become since May 1, 2008 implementation of the State Council's "Regulations on Open Government Information", the province public security organs because the information is not public and become the first case of the defendant.
44-year-old is Zhumadian Xiping,http://www.xdo365.com/jlb/home.php?mod=space&uid=7937, their husbands Fan Xiao just before his death in Luohe Yancheng District Pei town a site work. The evening of 24 December 2011,http://bbs.hnxuanding.com/forum.php?mod=viewthread&tid=45777, Fan Xiao was dining out with the workers return to the site on his way with a few local villagers fighting, Fan evening missing.
March 24, 2012, Fan Xiao's body was in a pond near the site where to be found.
Luohe City Public Security Bureau after Yancheng preliminary investigation and autopsy, the Department finds Fan Xiao was drowning during his lifetime, a decision was made not to file. believes her husband died doubts, insisting that people have been killed after postmortem reservoirs, and Fan Xiao require the disclosure of all information relevant only death,http://www.wkhygj.com/home.php?mod=space&uid=29494, the police refused.
Bai Wenping think, Yancheng police duties lazy behavior violated her legal rights. Year on October 10, she was brought to the Luohe Yancheng District Court administrative proceedings, requesting the court finds that the police do not fulfill the government information disclosure duties of an offense, and asked the police to the families of public Fan of all inspection and appraisal reports dawn was the cause of death, site inspection reports and all All photos and other information about the Fan death.
However, Yancheng District Court to prosecute the matter does not belong to the scope of the trial court ruled inadmissible on the grounds made.
Bai Wenping refused to accept this ruling was made Luohe City Intermediate People's Court of appeal.
Hearing
?
Parties on different cognitive information disclosure
Police believe the government information disclosure does not mean that all government information must be disclosed but Bai Wenping do not think so.
said, stems from a sense of desperation she went to court to give birth.
She said the cause of death due to question her husband, she has three times respectively in the form of oral and written request for re-identification of the bodies, the police were not doing Yancheng respond. July 30, 2012, Bai Wenping Luohe City Public Security Bureau received a letter mailed to her,requin nike pas cher, which was later found to open a "notice of expert conclusion", write: My reasons for the Board to hire personnel to carry out the death before dawn Fan the identification of the dead, conclusions: Fan Xiao consistent with drowning during his lifetime. "I called to ask Interpol Dayton team captain, he said that we have 'for' you did the second appraisal, the conclusion is that they Why should 'for' I do to identify?"
So, Bai Wenping angrily prosecution.
Hearing survey day, the court did not dispute the facts on both sides to clarify, only concerned with two things: First, what is the behavior of the police criminal investigation or administrative action behavior, their behavior whether the respondent court range; second is whether the police should open party reason to require the disclosure of information, refused to disclose whether or not having legal basis.
For this case, 's attorney, Henan Asia Lawyer Chang Boyang people think that the investigation is not a criminal investigation of the behavior of the public security organs before dawn Fan deaths because deaths Fan Xiao did not have a criminal case, the public security organs exercise is mainly administrative functions.
Luohe City Public Security Bureau cited Yancheng "Regulations on Open Government Information," "Secrets" and "Criminal investigators Manual" and other related content that both countries to exercise the right to public security organs of public security management, and the right to exercise criminal investigation. Fan Xiao police received only after the death of a large number of investigative activities were not found to have a criminal facts occurred repeatedly made in accordance with law, "not on file" after collectively decided. Their behavior does not belong to the scope of administrative litigation, Fan Xiao did not belong to the death of the scope of information disclosure, only results of the investigation and identification of the victim informed conclusions can not open the process, tools and materials.
Yancheng Police believe the government information disclosure does not mean that all government information must be made public. According to relevant regulations, the information shall not be disclosed in our country there are three categories: First,http://www.gswzcs.com/2048/news/html/?13014.html, the information relating to national security,jordan 14, public safety, economic security and social stability; Second involve state secrets, commercial secrets,nike air max homme pas cher, personal privacy information; third is related to the country's foreign , defense, social management and other sensitive information.
"The family died, want to die that point,chaussures nike requin, off state secret what? Why not open?" Bai Wenping do not understand. Obviously, for the death of Fan Xiao was whether the scope of information disclosure, and Luohe police vary widely in cognition.
Reality
?
Citizens' access to case information to be passive
The earliest research scholars, PR China Open Government Information, said more than 80 percent of the useful information by the government to grasp.
"I've been waiting for this case at the hearing, have always wanted to give me a legal argument, because there are a lot of people facing the same dilemma." Bai Wenping said.
Just when argue in court, Huaibin County, Xinyang City public Lee's family name to find out the cause of death is also running, while the town of Nanyang flat couple still mired litigation.
Li Xinyang huaibin name subcontractors county public builders Liu Bin a project,http://www.thathustle.com/forums/showthread.php?p=17137677#post17137677, the two sides dispute over the construction period occurred name when Lee and Liu Bin settlement for projects that have occurred both intensification of conflicts. At 6:00 on November 3, 2012,nike air max pas cher pour homme, Lee name five knives dead body in front of Liu Bin home. Huaibin police concluded that: suicide. Families refused to accept this conclusion, still sue Huaibin County Public Security Bureau.
Similar experiences also occurred in the town of Nanyang County farmer Wangyun Ping couple body. August 29,https://www.jnjvisioncare.co.uk/index.php?item/create_form/1, 2010, their 10-year-old son was killed, the suspect is the same village Zhangmei Feng, Zhu Yun close couple. November 30 that year, the town County Public Security Bureau informed orally case has been broken, the murderer that Zhangmei Feng, but was identified Zhang Department of intermittent mental illness, not criminally responsible and to be released, then taken off the case.
Wangyun Ping couple refused to accept the court file a lawsuit to take advantage of the hands of the transfer of relevant information, but ultimately get is only partial information, such as identification of the conclusions. "As parents, we just want to let the child die that point, if they do have side are OK, why be afraid of public information?" They said.
The same doubts where experts are also present.
Chinese Academy of Social Sciences researcher at the Institute of Law, Administrative Law Constitution research director, PR China,nike tn homme, is one of the government information disclosure of the earliest research scholars. Commissioned by the former State Council Information Office,tn femme, he led the first submitted a draft "Regulations on Open Government Information" in academic circles is known as the "Regulations" drafted first. It seems in PR China, the information is not disclosed in accordance with the "Three security of a stable" (ie,http://image.letuijian.com/forum.php?mod=viewthread&tid=2882398&extra=, national security,chaussure nike air max pas cher, public safety, economic security and social stability), were not clear due to the "Regulations", the practice has evolved into what can be inside filled with "large pockets" and became the executive excuse not to disclose information. Our more than 80% of useful information by the government to grasp, but the vast majority of criminal cases, the information is in the hands of the public security organs, citizens' access to case information very passive.
Sound
?
Information disclosure should not become a "glass door"
"Can not easily use the 'secret' as an excuse to limit information disclosure and the public's right to know." New members of the NPC Standing Committee, said Zhu.
Whether the information disclosure in judicial practice case it? The answer is yes.
Zhengzhou Municipal Public Security Bureau Goldwater died together in 2006 for investigation of the case by the family questioned the material be made public after the investigation, so that interest litigation petition several days. That year, only 18-year-old girl Anhui angry with her boyfriend after a friend went to spend the night at a late-night falls dead. Police identified the conclusion that high-altitude falls dead, and the family based on a variety of doubt considered to be victimized by her boyfriend. The police investigation techniques are not disclosed to the outside, allowing victims access to relevant archival materials.
In fact,requin air max,http://bbs.tgps.cn/home.php?mod=space&uid=134849, as early as in 2005,basket nike tn homme, would require the national Ministry of Public Security Criminal Investigation Bureau of Criminal Investigation department of the public security organs to implement "the investigators open system." Beijing Public Security Bureau in November 2010 launched publicly handling mechanism, as of the end of June 2011, Beijing police units to report to law enforcement investigators, victims disclosed more than 13,000 criminal cases, more people are satisfied with the rate of 80%.
December 21, 2012,tn air max, Quzhou City, Zhejiang Province Public Security Bureau also online printing, including criminal cases, administrative cases, damage inspection, and some of the major events of the "information disclosure", the depth of case information is disclosed in Zhejiang at the advanced level. The city public security bureau legal detachment said: "Sunshine is the best antiseptic, whether according to the law enforcement, at a glance.
In Henan, Zhengzhou City Public Security Bureau disclosure long-term mechanism to establish a council, in 2011 the council received a total of 16 government information disclosure, which "has agreed to disclose" 12, accounting for 75% of the total.
Peking University Law School professor Xi zinc believes that information disclosure should not be a "glass door" - although visible, is to make life difficult. Domestic long-term study of open government information Tsinghua University Law School Professor Cheng Jie suggested that,tn requins, if possible, everyone filed lawsuits pile of open government information, which can effectively promote China's government information disclosure process, and promote citizen participation from the perspective of a public , fair, transparent and efficient government building.
"Can not easily use the 'secret' as an excuse to limit information disclosure and the public's right to know." New members of the NPC Standing Committee, said Zhu.
(Original title: Why open government information to become "glass door")