My understanding is: often too bookish lawyer, wrote a long letter. But I believe that hatred and is not read, because the hatred and do not learn the legal profession, I would recommend regular counsel to the hatred and write a poem, some may be more effective.
Dear Mr. Qiu:
Hello, where as the highest office in Kunming, you must be very busy, take the liberty to disturb you, please forgive me. I am a primary school in Kunming by the police accused of prostitution case harboring prostitution of Liu Shihua's lawyer, Kunming, originally a primary school in prostitution case law, in an ordinary case, but the bizarre plot twists and turns the case and the police in law enforcement legend, has caused public concern, so that the law event evolved into a spotlight of public events, as a lawyer, my job is itself within the limits prescribed by law to maintain the legitimate rights and interests of the client, have a point proposal directly speak to the Judicial Officers on the line, need not trouble to write to you letter, expressed as a lawyer's point of view. However, because this event has evolved into a public event, as a lawyer is not only an obligation to safeguard the legitimate rights and interests of clients, but also an obligation to take the law to safeguard social fairness and justice to ensure the correct implementation of social responsibility, as the People's Republic of hope and justice for every citizen to get assert, the law can be properly implemented, concerns the fate of Liu Shihua, a fact also concerned about their fate, because every citizen could become a second Liu Shihua, or a third Liu Shihua, including of course the police are now undertaking Liu case, if the law is not implemented correctly, Liu Shihua, a fate today, tomorrow it may be the fate of the police, Du Peiwu ago is not the police? he does not also to suffered a miscarriage of justice? This is where I write you this letter of motivation and purpose, not just to Liu's private interests, so Liu fair legal treatment, more importantly, to prevent a possible tragedy, to the public power (here mainly refer to the police power) within the framework of the law under the sun to run, so that people build up confidence in the government.
Kunming primary prostitution case, I talked about the two issues and exchange views and learn your first question is the credibility of the relevant government authorities, and the second is related to procedural justice issues. so that you and the government under the leadership of Kunming for reference when making decisions.
Government Credit
concerning the credibility of the government's highest office as a place in Kunming, You must believe that (for the trust of subordinates) of course you should trust your affiliate mm Kunming public security organs do not lie, but also as a credible indeed the public security organs should not be lying. But your trust must be established that under the public security organs in accordance with the law, integrity and responsible basis. But, unfortunately, Kunming, a higher-level public security organs and organizations to live up to their trust and do not take responsibility, in good faith to the people responsible. As the saying goes , and is a wise counsel as Liu Shihua, I want to stand in the perspective of lawyers in the case of Kunming point whether the police about his views honestly.
We all know the value of the government there is the credibility of the government, a government lacks credibility if it This government will not get the respect and trust of the people, the government's authority will be lost. a social order and establish credibility, largely depend on the integrity, ��z������z��, government bad faith, evil is a result of orders and prohibitions, credit loss, fraud was rampant, corruption is a normal social and moral conscience of society, so that a government lying behavior harmful to society than the ordinary citizens of their big thousand times times, lie against the Government is the Government's credibility and loss of ordinary citizens lie just personal credit.
students from Kunming prostitution case has been subject to public attention, the police held a news conference several times, but each time news conference queried by the public, after all, to say the least, here I am only the police on July 7 press conference to talk about an example of bad faith behavior of the police in Kunming.
Kunming police, will be material
(7 �� 7 ��)
first to welcome the public security organs various media attention and supervision of law enforcement activities, are also very grateful to everyone, ; 3.16 officials have a simple, brutal acts of the situation, leading to prion-rich rib fractures, which has the responsible public security organs according to law, in accordance with regulations for processing. for the problems exposed in this incident, the public security authorities had focused team to carry out consolidation of education, strengthen law enforcement Standardization.
1, Zhang Anfen a current situation. July 6 to the prosecutor's request for approval of the arrest. In view of Liu Shihua, Zhang Anfen two still Chen Yan, Liu Nana, Ting-Ting Liu (a pseudonym) and other 5 children's special circumstances, the public security authorities have to put people first, justice with mercy, education, and to save the principle of work , was released on bail on Zhang Anfen take compulsory measures; Chen Yan from the relevant government departments to take the initiative to help provide jobs; Nana Liu, Ting-Ting Liu (a pseudonym) school problems, the public security organs in consultation with the district education department to arrange for the school, and repeatedly to mobilize its admission.
2, the question of jurisdiction on the case. in accordance with , on the enforcement of the main issues. Patrol officers, security personnel, retaining the village, retaining the power plant and other members of a social security for prevention and treatment are an integral part of the central and local Party committees, governments have actively mobilized to encourage people to participate in mass prevention work. clearly defined. .
4, reflecting on the process of police in handling stress, threat, Yougong the evidence, and the problem of legal rights are infringed. The public security organs Liu Shihua, Zhang Anfen harboring for prostitution is the case according to law, the public security organs in all investigations supervision of activities by the prosecution, the prosecution informed the investigation has clearly made the case public security organs in the process of torture does not exist in the process of the problem and, if questions can be reported to the prosecution and reflect.
5, released on the users requirements forced labor. Chen Yan media and Internet users to its resident and in the workplace can contact and communication, control, and forced labor illegal to say where to start?
7, on misinformation and malicious speculation problem. public practice is irresponsible. We believe that the spirit of the law should be responsible, socially responsible, responsible for the facts, the attitude of the parties responsible, fair, objective, true and comprehensive approach and deal with the problem.
public security organs and the media are the defenders of social order, stability and social responsibility, although their point of view in which different, but our pursuit of social values and goals are the same. We sincerely welcome the media and law enforcement users of the public security organs activities, supervision, public security organs of the media that the problems in law enforcement, we will timely rectification, which is the support of public security work.
Kunming, the police press conference about the seven aspects of the problem. I Police on the following issues that some say is
lied, and some say is the lack of credibility, or at least lack of sincerity.
First, the police released a pass is issued in the current status of introduced when Zhang Anfen , opening said, is it legal supervision organs of the prosecution, the public security organs should not be both a player and referee it, the police of talking, apparently there is no credibility, at least without any sincerity.
Second, the jurisdiction of the case Right, I think that police said also of touch. but I do not understand is, so to understand the jurisdiction of the public security organs, it has been to the prosecutor's why Liu Shihua Wuhua public security authorities reported the case of tort law, has been with five Hua Liu Shihua District public security organs a stake in the case of the public security organs do not Wuhua active avoidance, but also for Liu Shihua harboring prostitution case? Are Wuhua public security organs do not understand the exercise of jurisdiction over the case of Liu Shihua, contrary to a conflict of interest should be avoid the rule of law? If Wuhua responsible for public security organ is the integrity of a public security organ, then, should be avoided.
Third, on the law enforcement body, the local public security organs Guard members now employed law enforcement, in itself contrary to public security Services Department. A few years ago, as the public security organs defense team employed the low quality of the security, ultra vires law enforcement, there were many serious incidents against people's interests seriously affected the social image of public security organs, public security organs in order to curb the abuse of Security Services of wrongdoing .2004 September 3 Ministry of Public Security issued a circular requiring local public security organs of the Security Services team on the employment of special clean-up. notice requirements, from now on, the public security organs at all levels are prohibited from hiring security guard from the community. For now a security guard, Ministry of Public Security requirements, according to the shall not be retained in any name to Security Services. Kunming police patrol team now also employed in law enforcement, is it not Zhifafanfa it? members of the act of employment law and order there is illegal, then illegal under the premise of the main issue is not about law enforcement absurd you?
Fourth, there is no coercion, threats, Yougong the evidence and the legitimate rights and interests are infringed problem, which is obviously the police are lying, there are two irrefutable fact is that starting from June 8 a week's time, Liu's family where? is good when the police and let them free travel to it? In addition, examination of several little girl Liu, and their guardians to be there? say the least, to these two points, the public security authorities can confidently say that their investigation procedure legal? in this way, if you are honest with the police to Kunming, provincial, municipal Liu Shihua case report exists in the process of the breach of the law, the provincial party leaders also believe that Liu Shihua accommodating families with prostitution prostitution and facts? ancient
As for other issues, the same can not withstand the scrutiny question, I will not say one by one.
procedural justice is related to social equity and justice, procedural justice
is called the justice who is a dialectical unity. substantive justice depends on procedural justice, procedural justice is the pursuit of substantive justice means, unfair process is difficult to achieve substantive justice. Kunming primary reason why people have so many cases of prostitution question is rooted in Kunming Police law enforcement procedures opaque unfair or even illegal. of the legal procedures is to ensure the identification of the facts of cases to ensure that innocent people not be held accountable. procedural norms for the legal reason why the rise, the value of its own existence and relevance of science , its protection of human rights, to ensure substantive justice plays an irreplaceable role play. Without legal protection, any one of us are subject to a so-called criminals, we are all mortal flesh, we in the physical and psychological stress The following can not just make a line with the requirements of the police crime stories. This is why the law does not torture, not Communications should not exceed 12 consecutive hours, the value of stakeholders should be avoided. to comply with the procedural requirements to ensure that the investigation in order to maximize Results of objective and fair, and ultimately the law of justice.
below to see how the police enforce the law Kunming procedural requirements.
1, appointed security guard, law enforcement, legal procedures without producing any case into Liu Liu's family violence, assault family and friends, causing many injuries. law called law officers summoned to produce a certificate, an emergency situation should produce Jing Guanzheng, but this time there is no legal enforcement procedures.
2, the law shall not be torture, but they are kneeling, and even interrupted other ribs.
3, Ministry of Public Security requirements should not be hired security guard, the Kunming Public Security Police has set requirements of the expense, and appointing security guard casually law enforcement, for the pursuit of economic abuse of the right to the benefit of a fine.
4, continuous communications Liu family, the longest up to a week-long, law Communications should not exceed 12 hours, otherwise is illegal detention, as the prosecution lawyer has been reported to Kunming, to the Now there was no response.
5, Communications minors law, guardians of minors must be present, this is for the protection of minors to make special provisions, but the Kunming police not to implement such laws, do not know these guardians of minor children without the presence of the will honest government, or a belief in the law of agency, and Liu in a direct conflict of interest, should be directly avoided, the Liu Shihua harboring prostitution referred to the jurisdiction of other public security organs, or escape the retaliatory law enforcement suspects, However, the public security organs have Wuhua sign out the case investigation.
7, clearly at the last press conference that is also sounding a minor from the point of care arranged for the work of Chen Yan, in line with the principle of people-oriented Chen Yan save for education, did not think yesterday's voice has hardly ever been sentenced to security detention today, Chen Yan, and in the passage of time more in the future, but turned the clients to come up with the three identified by name, I do not understand their clients also the same as the hotel register to leave your name and address? This is really a legend, of course, the police arrested the police move more people to question the legality of the behavior of Liu Shihua, it is obvious that after the first arrests of law enforcement to find evidence of retaliatory .
If the Kunming police to report cases to the organization, the self-torture, illegal detention, interrogation in the absence of guardians of minors under the circumstances to obtain confessions and organizations accurately report to the superiors, then, relevant organizations and the leaders also believe that the police have said? Based on these considerations, I think that the police lied to the public in Kunming, Yunnan Provincial deceived, and Kunming municipal leadership and organization.
400 years ago a great philosopher Francis Bacon said: a fair trial, even more than ten times the consequences of crime. because the crime is to ignore the law, although water pollution is like mmm, and unfair trials are legal mmm like contaminated water damage. an ordinary citizen, I heard so much about your name, know you are a diligent and caring officials, concerned about the national legal system as a general counsel, and based on you and your government under the leadership of Kunming, I was determined to give you confidence write this letter, I wrote to ask you the purpose of punishment is not against the law to those individual police, and would like to Kunming, Kunming government primary school students in decision-making at the time in prostitution case, my thoughts as an important reference, while also urging local governments want to Kunming public security organs in the subsequent law enforcement, the increase in the level of awareness and operational level, the integrity of a responsible government agencies, under your leadership hopes to build a rule of law in Kunming, so that students farce prostitution is not the case that a repeat.
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