Hunan Law Society holds a seminar on the draft of the Public Security Administration Punishment Law
2024-08-28
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On August 24, 2024, a seminar on the Public Security Administration Punishment Law (Draft Amendment) (hereinafter referred to as the Draft) was held in Changsha, hosted by the Procedural Law Research Association of the Hunan Law Society. Representatives from the Hunan Provincial Political and Legal Committee, the Hunan Law Society, the Hunan Higher People's Court, the Hunan People's Procuratorate, the Hunan Provincial Public Security Department, the Changsha Municipal People's Congress Legal Affairs Committee, the Changsha Intermediate People's Court, the Changsha People's Procuratorate, the Changsha Public Security Bureau, and some lawyer representatives participated in the meeting.
Photo provided by interviewees at the seminar
The draft revision of the Public Security Administration Punishment Law has been reviewed twice, and the second draft has been revised based on opinions from all parties.
According to Xinhua News Agency, on June 25, the 10th meeting of the Standing Committee of the 14th National People's Congress was held, and Shen Chunyu, deputy director of the Constitution and Law Committee, made a report on the revision of the draft amendment to the Public Security Administration Punishment Law. According to reports, the second draft of the draft was revised in five aspects. These include making more targeted and specific revisions and improvements in response to the opinions that the expressions such as "damaging the spirit of the Chinese nation" and "hurting the feelings of the Chinese nation" in the first draft are difficult to define and difficult to grasp in law enforcement; further improving the relevant punishment procedure provisions in accordance with the requirements of standardizing and guaranteeing law enforcement, respecting and protecting human rights, etc.
At this symposium, Professor Yang Kaixiang of the School of Law of Central South University and Professor Zhou Gangzhi, Vice Dean of the School of Law of Hunan Normal University, respectively gave keynote speeches on relevant issues and put forward suggestions.
In terms of punishment procedures, Yang Kaixiang believes that the "Public Security Administration Punishment Law" is theoretically known as a "small criminal law" and the amendment of this law needs to comply with the following principles: First, the principle of legal reservation must be followed. Although administrative detention is extremely necessary, the Constitution and laws need to set up substantive and procedural legal requirements for it; second, the principle of proportionality must be followed; third, the principle of due process must be followed.
Regarding how to define behavior that "hurts the feelings of the Chinese nation," Zhou Gangzhi believes that the corresponding time standards, value standards, and degree standards must be clarified.
Regarding the revision of the draft, Chen Jian, Vice President of the Hunan Provincial High People's Court, Yin Shibai, Deputy Prosecutor General of the Hunan Provincial People's Procuratorate, Zhu Guoxiang, former Deputy Prosecutor General of the Hunan Provincial People's Procuratorate, Che Lihua, Deputy Director of the Hunan Provincial Public Security Department, Zhang Kunshi, Member of the Judicial Committee and Director of the Research Office of the Hunan Provincial High People's Court, and Yang Jianhui, Chairman of the Legal Affairs Committee of the Changsha Municipal People's Congress and Director of the Legal Affairs Committee of the Standing Committee, respectively commented on and put forward opinions based on their own experience and understanding. Li Guangyu, Political Commissar of the Judicial Police Corps of the Hunan Provincial High People's Court, Gao Qin of the Changsha Municipal People's Procuratorate, and Wu Shubing of the Changsha Intermediate People's Court also spoke and provided their views.
Huang Jie, president of the Procedural Law Research Association of the Hunan Law Society, said that at present, the "Public Security Administration Punishment Law (Revised Draft)" has not yet been passed after two reviews. Experts from the industry and academia will continue to conduct academic discussions to promote scientific legislation.
Professor Xie Yong, Vice Chairman of the Standing Committee of the 11th and 12th Hunan Provincial People's Congress, member of the Supervisory and Judicial Committee of the 13th National People's Congress, Honorary President of the Procedural Law Research Association of the Hunan Law Society, and doctoral supervisor, finally gave guiding comments on the seminar.
The Paper reporter Tan Jun
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