A rational government should be thankful for "trouble-making
people" - the true story of the virtual launch of the two
【Summary】 a defendant has not worked as the executive branch is not necessarily a good executive, a defendant has
not been a government might be a premature government, an even lawyers do not believe the law is certainly a failure of the law.
Key words rational and administrative proceedings Man sues government officials
Recently, Zai Xu received the virtual Provincial Justice
Department lawyer sent a written decision on the punishment, as expected, Zixu practicing lawyers have been revoked certificates.
Now, Zixu lawyers think about most of us is to not review, it is necessary not to make administrative litigation.
Zixu lawyers have told the author, based on the understanding of the law, he was confident that his suspension should not be subject to administrative penalties of practicing certificates. Because he simply does not exist "bribery"
problem. But based on their own right "people suing government officials" cost accounting, he would rather give up. As a lawyer, Zixu know the difficulty of people suing government officials, which is in the "Administrative Procedure Law," after the promulgation of the administrative organs of almost all the served defendants, while the judicial and administrative authorities rarely alone when the defendant causes. Lawyers can sue someone's behalf to the people's
immediate boss, but do not sue themselves from their immediate
superior, so has judicial and administrative organs of the lawyer's punishment procedures, there are still many gaps and blind spots, such as judicial and administrative authorities in what circumstances it is lawyer's practicing certificate
may be withheld? Stop practicing lawyers, and the principal-
agent contract signed by the parties how to fulfill? And so on. According to the virtual Provincial Justice Department said they are also the first administrative penalty against the lawyer's hearing, and when the defendant has never been seen before.
In order to encourage Zixu a lawyer, I told him a story: "the fall of 1931, Jinan Normal School students in front of Shun-health from the Shandong provincial government passing out of curiosity, we went and looked to the inside. Guard stopped, he was with the guard began to argue, this time coincides with the governor Han Fu-ju's over, Hing-Health is
plausibly said: "The people are the masters of the country, should not allow a walk in front of the provincial government, the provincial government closed the door to look at it? "Han Fu-ju's angry:" I am a governor, is a province of the Lord, you What kind of master? "Shun-sang, said:" You are a public
servant, not master! "Korea is more fire, and Taishou played
Monday slap in the face, and thereupon weeks in prison. Han Fu-ju's place the next day to go to a lecture, when the secretary sent to Korea to be a good admonition to review, South Korea see the manuscript, also claimed to be" people of
the servant ", it puzzled and asked" During the day that the students call me a servant, how can you say I'm a public servant? "Secretary by pairs of" public servant "was the term some explanation, Korea finally realized that the students felt wrong and quickly sent to Shun-born father, called South
Korea, said:" I was wrong to fight your son, should you apologize , or you call me, or I lose you 500 money. "Zhou's father said:" The bad people do not dare, bad people to teach the child without side, kicking up clouds of you, our Chairman angry. "Han said:" No! You raise a good son, is that I am wrong Do you want to fight, son of the soon receive money away! "
Han Fu-ju is a recognized warlord, he was such a person
there is good advice when the executive branch and we have
many years of public education over the party's leading cadres, political consciousness and the rule of law concept is by no means Han Fu-ju and his ilk can be compared, you have to believe that we the government and laws.
Zixu lawyers said, to our government and the law I do not doubt that if even the lawyers do not believe that our laws, like the law or laws? I am tired of only a waste of time, human life is limited, I still own thing, maybe I will be a lawyer out of a job outside of the road to a more brilliant.
In my opinion, Zixu administrative penalty defense lawyers to give up, in essence, or "fear of people suing government officials" are at play. China has since ancient times "people do not struggle with the officer," the old
Chinese adage, As for "forcing people to rebel" That is an exception. China is not reflected in the government and the Big Dipper is a powerful individuals in the public right of people demonstrated in front of the cowardly. In this cultural
background, China's people are always in front of the officer in a position of unconditional obedience. So when was I just issued by the Administrative Procedure Law in Zhejiang, an official in favor of farmers sue after actually shed tears of excitement, the Jilin Provincial Government as a defendant a lawyer at the respondent is treated as news. After more than ten years of ups and downs, our administrative procedure law is gradually improving - despite the slow pace of improving
something. In recent years, we are pleased to see that train the spring of Qiao Zhanxiang lawyers sued the Ministry of Railways prices, though losing, but this year we have ushered in the Spring Festival train ticket prices are no longer news. We are pleased to see that, Wenzhou City, Zhejiang Province,
74 farmers Gao Ying State Environmental Protection Administration, the Public Security Bureau, Zhejiang Province, won again. The public security organs no longer exposed to the plaintiff arrested and gave their thoughts. December 8, 2006,
the Beijing First Intermediate People's Court in Beijing Hyundai Co., Ltd. v. Wal-Mart trade the Ministry of Finance a
case decision, the Ministry of Finance on the issues raised in the complaint the plaintiff "be dealt with and answered." Now,
our people no longer dare to U.S. prosecutors investigating
the president's affair surprised; can no longer be able to represent the Chinese comfort women, Japanese lawyers to prosecute the Japanese government was incredible; the people of Taiwan will never dare to hold a " inverted bian "The procession was difficult to understand. Reposted elsewhere in the paper for free download http://
I think that the people afraid of officials, is the country's blessing. China fear officials, in order to let the
public effectively is not an official act or disorder as a monitor, thus effectively curb corruption; China fear officials, people can play each individual's intelligence, take bold steps the government admonition Brainstorming, countries can progress faster. No one had accused the
executive branch when it may not be a rational executive, a defendant has not been a government might be a premature government, not even a lawyer could not believe the law will definitely be a failure at the end of law.
Zixu lawyer sympathetic to my views, but he worried that the relationship between judges and lawyers is a sensitive topic, if there are an irrational Chief Executive, his sentence will let you all bets are off in a virtual province of the judiciary Hall is the case. And this is not much of a sense of their own near-public interest litigation lawsuit.
For public interest litigation, our people, including even some lawyers do not understand, just as Qiao Zhanxiang lawyer said, he warned, when the Ministry of Railways, the biggest
pressure is not from power, but said that he was promiscuous, "they do not dare to come forward, courageous and may face a dilemma, as a qualified citizen, you can silence, but for those who come forward should be responded with applause and
support. " But the fact is not the case, our country has some of the irrational parts of the law, more factors come from the general public do not rational, good news is that irrational public sentiment in some of conscience under the guidance of
law experts, is the reason aspects of transformation.
Finally, Zixu lawyers agreed to consider the statutory period of punishment for virtual Provincial Justice Department's written decision to the appropriate authority for reconsideration or bring an administrative lawsuit to the people's court.
The author hopes that Zi Xu litigation lawyer can get the support of colleagues, the departments concerned can rationally treat Zixu lawyer. Because, as a qualified legal person, in the face of legal Mi Ju, "You can choose to remain silent, but to come forward, we should be responded with applause and support." The face of the train by not raising their prices to benefit the spring, should we not be right for every one beneficiary of lawyers thankful Qiao Zhanxiang
do?Spring Festival is not the face of the train prices ignited in the minds of the people against the government of the People First embraced the decision-making situation, our
government should thank those who have the courage to old
legal concepts and the challenges of irrational rules and regulations, "trouble-making people" whodo? It is these
"trouble-making people", according to their belief in the law, with a rational way to help the Government to resolve the conflict between government and citizens to promote the
progress of society.
Notes and References
1, "Legal Daily" December 6, 2006 contained in "Let's influential action to become a harmonious society of justice engines", Author: Liu Wujun.
2, "People's Court News," January 29, 2007 contained "sunny day - the" Government Procurement first case "Ins and Outs", Author: Koji
3, "Southern Weekend" February 1, 2007 contained "They
are pushing the spring not raising their prices," Author: Su Tong
4, "Yangcheng Evening News" January 14, 2007 contained "Han Fu-ju's mistakes", Author: Sun Yuxiang. Reposted elsewhere in the paper for free download http://