On April 11, area of wide abundant of the forgive on Jiangxi appoint propagandist department bulletin, the cadre of community of Jiangxi wide abundant that reported on April 10 in the light of media is sent not change grave will be pressed sweep black the announcement be related that removes evil sanction, wide abundant area appoint district government takes seriously very, establish special working group quickly to investigate processing. (on April 11 Chinese news network)
The origin of this thing, result from place was transformed in the village in the city 2018 remove in the project, one familial the change grave that got 6 grave is expended, but when pass one year, still have 5 not migratory, then community put together is treated do the form with informing sheet, ask its are all before April 7 migratory end, "Will be united in wedlock by relevant code otherwise sweep black cut into parts according to legal system except evil special accuse and denounce at a meeting " .
After media of this matter classics reports, cause the attention of netizens quickly, interrogatory is this community put together treated do the legal principle basis that makes such decisions where to? Be Ied hope this problem causes local area appoint of district government take seriously and begin investigation to handle. The author thinks, instantly, whole society is advancing law to build energetically, why this community put together is treated do in solving problem process to cannot be accomplished however handle affairs lawfully, seek a way when anything crops up, solve a problem to lean a way, this is really worth while and thoughtful.
Actually, with respect to problem itself, the sun that from cemetery host grave of the change that get expends rises, ask for the ground to tear open change a contract has been built to concern between person and cemetery host, the issue that its produce should be handled by contract dispute. Be opposite as the person that tear open change of course graveyard advocate reject to remove inside change graveyard deadline, but the basis concerns the code that tear open change, apply for the arbitration to arbitral committee lawfully, also can sue to people court lawfully. And this community put together is treated do to did not adopt legal program, however with " not change grave is pressed sweep black except evil punish " extend to cemetery host inform sheet, make a person mysterious really.
Its are informed have on sheet so a word, "Will be united in wedlock by relevant code sweep black cut into parts according to legal system except evil special accuse and denounce at a meeting " . This stimulates the pain spot of public eyeball to be in just about, since be to press relevant code, that this " relevant " what code is code? Treat as this community put together do not to tell the public, don't oneself also know this " relevant " where is code?
Alleged " black vicious power " , consider as commonly point to " criminal law " in the organization of gangdom property of the regulation. Its should have constituent feature, economy feature, behavior characteristic to control feature and harm sex feature illegally namely at the same time. Recently, print and distribute of procuratorate of top people court, top people, the Ministry of Public Security, judiciary " about handling case of vicious power criminal the opinion of a certain number of problems " , specific also requirement " prevent to unplug artificially stoutly tall perhaps reduce cognizance level " . "Not the villager black power of change grave is enough do not go up, vicious power is affirmative " , secretary of such word out community really not should. Whether experience black experience is evil, also need a judiciary to adjudicate on lawfully, why does a community come again exceed one's authority is qualitative black evil influence.
From place investigation reports word of dispatch of it serves to show to use the time of the word, what " legal knowledge masters insufficient " " policy understanding has deviation " " forbid with the word truly " etc. Although use word acme, but its view also lets person agree without giving serious thought hard, inform sheet to go up to building bright red community seal obviously, how to become community put together to study the individual behaviour of the vice director? It is black to sweeping except evil policy understanding has deviation, forbid with the word truly, does the chaos that still is bureaucratism style at all serve as? Such thing appears, just explains people of some basic level community treat thinking grumous, walk on duty consciousness lack lawfully, put in the phenomenon with wanton, optional dispatch and qualitative exceed one's authority. It is to report what what weigh not just " caused undesirable effect " , the force of social public letter that still harmed village class organization greatly. Should begin investigation in time to ask as relevant section duty, give lawfully according to discipline to relevant responsibility person investigate. This incident gives us broad community cadre undoubtedly ring noisy alarm bell, the law cannot is without accredit.
Civil / Deng Youfu