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Recently, zhejiang thoroughfares city. Mr Zhu throws rubbish in park chaos, be brought into by the government sector " discourteous personnel " , meet with real name exposure, the influence asks for letter and scroll to broadcast apologetic video, series practice leaves scholastic doubt. Law teachs Xu Xin to say, governmental practice is suspected of breaking the law.
Local city is founded do a basis " " stage of a list of names posted up of civilized good person, discourteous exposure " operation detailed rules " , invite whole journey of city class media to film interview, give to Mr Zhu exposure, mr Zhu faces medium interview, claim " I feel very abashed, it is me quality is too poor. " place still will is opposite of Mr Zhu " discourteous behavior " bring into an individual the administrative punishment such as sincere letter archives.
Mr Zhu and friend drink together, Lu is strung together, rubbish is thrown in park civil strife, such behavior really too uncivilized. But throw rubbish because of chaos, carry out to behavior person bring into an individual the punishment such as exposure of sincere letter archives, media, this belongs to a kind of excessive punishment. It is a criminal, also cannot infinite exposure, if media exposure, also need to be opposite its are facial hit mosaic, and Mr Zhu throws rubbish because of chaos merely, be about to suffer real name the punishment that exposure and influence sign a letter, this has been suspected of breaking the law. Throw chaos rubbish " discourteous personnel " have real name exposure, still was suspected of violating citizen reputation authority and privacy right.
Character of place of expert of no less than, " urban the appearance of a city and environmental sanitation regulation " and " environmental administration sanctions method " specific provision, law and administrative regulations had punished a regulation to violating behavior to make administration, local laws and regulations has made specific provision, undertake condemnatory inside the gives administrative punishment range that must set in law, administrative regulations, below the case that there has been clear punishment sort in administrative regulations so, even if is local laws and regulations need makes specific provision, also can set inside limits only. And in this case, right so called " discourteous personnel " undertake condemnatory, return and do not have anyplace sexual code according to, this kind of punishment cannot hold water. To Mr Zhu, authority rejects to carry out, can submit to administration is reconsidered or lawsuit.
Local punish chaos throws the uncivilized action of rubbish, such act is worth affirmation originally, but punish is uncivilized behavior, want to be able to have at the law according to, want to be able to make clear influence border, cannot exceed influence is attrib border, cannot the line on infinite raise to the higher plane of principle, cannot " use heavy law in disorder " . If can throw the uncivilized behavior of rubbish to give excessive penalty to chaos, to other uncivilized action or criminality, also can cross legal border to undertake " raise the quota is hit " , legal bottom line was become but of optional exceed " vegetable garden door " , final likelihood brings one hair and the serious consequence of irremediable.
Notable is, since 2015, thoroughfare the city started countrywide civilized town to found, and the uncivilized action that throws rubbish to chaos now gives excessive penalty, whether to found with the countrywide civilized town of this city about? If need to carry excessive penalty, just when rights and interests will establish countrywide civilized town,encroach a citizen, even if got " countrywide civilized town " laurel, also be with sacrifice law civilization is cost, be a kind uncivilized " achieve civil " , must come " countrywide civilized town " also appear not agree with some solid.
Undertake the society is administered, punish is uncivilized behavior or illegal phenomenon, need strict lawfully administration, should ensure execute the law influence moves inside law course, this should be controller of government sector, place the bottom line that place should stand fast. In reality, "Litter influence signs a letter " " the teacher buys dish to be reported " wait for influence capricious incident common occurance, this kind " ironhanded processing " execute the law sin the phenomenon is relatively common still. The person execute the law that sees a few places, controller still needs to fill on " law foundation class " , also need to promote processing ability and wisdom. Only such, just be the blessing of the people's livelihood, and unapt become " social calamity " .
