The core reading: Two years ago, Yunnan Tianwaitian, director of law firm lawyers Luo Ke going through a lot of hard work, time-consuming two and a half years to win 40,000,000 subject of a lawsuit, the parties received 5,000,000 yuan after the implementation of paragraph Refused to pay the legal fees. To this end, Luo Ke to the other party to court to request legal fees 1,270,000 yuan. Yesterday, Yuxi City Intermediate People's Court case, the accused do not want to pay the legal fees on the grounds that: "He is our legal counsel, but also how to pay legal fees?" It is understood that this is by far the largest province Acting together with a lawyer to recover costs of the case.
The origin of cases win not get legal fees
In 2004, Kim Tae Yuxi Iron and Steel Company (hereinafter referred to as "Kim Tae-steel") and in Yuxi, a real estate company iron ore signed a "contract of supply and marketing," Kim Tae-contract iron and steel entry into force of the contract within 10 days to pay the real estate company Iron ore deposit 10,000,000 yuan, real estate companies committed to the same conditions, the goods in the first paragraph after the iron ore mining after Kim Tae-priority to the sale of iron and steel, the price Suihangjiushi. At the same time, the contract also on the quality of iron ore, place of delivery, clearing the way, such as breach of duty to make a clear agreement.
March 30, 2004, Kim Tae-iron to the real estate company to pay a deposit 10,000,000 yuan, later, real estate companies do not honor their contract. To that end, Kim Tae-court instead of steel. March 2, 2005, Kim Tae-steel commissioned Ke Luo lawyer to fight the lawsuit. Since then, Ke Luo has more than 100 times around Yuxi in Kunming and Beijing in fighting this lawsuit, the lawsuit hit from the Supreme People's Court of Yunnan Province Higher People's Court. In the real estate company after receiving Tae complaint steel, real estate companies also take the initiative of 10,000,000 yuan deposit. However, Kim Tae-steel or to have a say.
Last August, after a two and a half years of litigation, the case hit the Supreme Court, the Supreme Court closed mediation. Kim Tae-estate company agreed to pay 4,200,000 yuan steel in cash and 800,000 yuan worth of iron ore, iron and steel Kim received the implementation of this paragraph.
"I regret and surprise, when I sent all the implementation of paragraph Kim Tae-steel, the company has Guohechaiqiao, looking for all sorts of excuses to refuse to pay agency fees." In desperation, Luo Ke Kim Tae-iron to court, Require payment of 1,270,000 yuan agency fees.
Live trial agency fees have not signed the agreement
The memories of the time-consuming and labor-intensive case, Ke Luo said: "I and Kim Tae-steel head of the special relationship, and I also served as their legal counsel.'s Head, I find that they are not a court order Money is to export gas as long as the lawsuit to win, according to claims to achieve 20% of the fees paid to my agent. "Out of trust, Luo Ke no agency fees so that the issue of Kim Tae-made steel receipt in writing so that Luo Ke Can not think of is that after their discussion to the effect that the agents planted hidden fees.
Yesterday the trial, the Romanian trip Ke as a result of the field did not appear, but requested another lawyer on his behalf with each other, "try to destabilize him." Ke Luo's lawyer said Luo Ke for the accused to court, hundreds of shuttling between the Yuxi, Kunming, Beijing, has invested a lot of human, material and financial resources. Because of his hard work, so that eventually the evidence itself is extremely detrimental to Kim Tae-steel back 420 million yuan in cash and 800,000 yuan of iron ore. The other did not expect the money after the default, refuse to pay counsel fees.
"Although Acting on the two charges have not signed a formal contract, but in litigation fees to which it is only right and proper. There is no free lunch, the accused can not enjoy the right to not only meet their obligations." Ke Luo's lawyer said the charges in accordance with the Law Rules and legal requirements of the charges, they asked Kim Tae-steel pay agency fees are reasonable.
The defendant argued that the legal adviser should not be paid
Kim Tae-steel Ke Luo received the complaint, not only do not admit to pay legal fees, but filed counterclaims. Kim Tae-Steel said: "Ke Luo lawyer there, Moreover, Luo Ke our company's legal adviser, he's a lawsuit on behalf of, how will this money? In addition, Luo Ke lawyers played down the results from We expect that the gap between the goals, not only should not pay agent fees, let the anti-Ke Luo compensation for the loss of our 280,000. "
"At that time, the beginning of litigation, our litigation is the subject of 10,000,000, Luo Ke can win this lawsuit, so we have to raise the subject of litigation 40,000,000, in the first instance directly on the Yunnan Provincial Higher People's court. We suspect Luo Ke This is more like collection of agency fees. "Kim Tae-steel agent of the view that because the lawyer Luo Ke, head of the steel so that Kim made the wrong decision-making, the subject of litigation to 40,000,000. After the proceedings into the case, not as Ke Luo said the odds in the chest, Shenggao Yuan in the first instance ruling on the contrary, they are only more than 200 million. Helpless lawsuit also hit the Supreme People's Court, the final mediation only cash compensation 4,200,000, from 40,000,000 a far cry from the subject of litigation.
"As the lawyers judge Ke Luo, let us suffer, to spend more than hundreds of thousands of legal costs, the preservation of the fees, travel costs and implementation, for which he should bear responsibility for their own fault." In addition, the agents also believe that, 2005 To the beginning of the year in 2007, Ke Luo has been the company's legal counsel, other legal fees must be agreed in writing.
Unable to reach a conciliation agreement, the judge announced the verdict the case another day.
17 Oct 2008
Counsel also said that vulnerable groups do you agree?
The first case of domestic administration of justice violations of the right to lawyers incident has gone through more than two years, the new "lawyers" in the second article of the current definition of a lawyer and although the new mission statements, but many of the domestic legal profession, lawyers and social Users are in China to discuss the incident, the rule of law brought about by the negative impact of all this opinion. There are also many people from the Liaoning Cheng-day individual lawyers or law firms of lawyers to face the reality of society classified as "vulnerable groups" and hoped that a more accurate positioning of the community. I am here to the following topics for small clues, users express their views on this topic.
First, you have the new lawyers in China since "lawyers", "law of social workers" to "parties for the provision of legal services" of social change in the positioning of what is the experience?
Second, lawyers in the current judicial system and lawyers to complete the system to achieve its mission of safeguarding the legitimate rights and interests of the parties to maintain the correct implementation of the law and safeguard social fairness and justice here?
Third, lawyers practice in accordance with the law in its legitimate rights and interests of victims against illegal, the authorities have ignored the administration of justice how to do?
First, you have the new lawyers in China since "lawyers", "law of social workers" to "parties for the provision of legal services" of social change in the positioning of what is the experience?
Second, lawyers in the current judicial system and lawyers to complete the system to achieve its mission of safeguarding the legitimate rights and interests of the parties to maintain the correct implementation of the law and safeguard social fairness and justice here?
Third, lawyers practice in accordance with the law in its legitimate rights and interests of victims against illegal, the authorities have ignored the administration of justice how to do?
15 Oct 2008
State Compensation Law Education Program - to expand the scope to improve standards
National tens of thousands of "milk" in the families of the victims through the sadness after the first, then they have to face a tough battle - from the company Sanlu issues such as powdered milk manufacturers for compensation.
More and more people began to question the scandal has been completely destroyed San Lu's brand in the market if there is the possibility of survival. In the face of possible future wave of civil compensation lawsuit, the San Lu tangible assets remaining to what geometry?
At the same time, some people have begun to concern when the San Lu's assets are not sufficient to cover the families of the victims compensation, the Government should take responsibility for what?
This issue must be "state compensation law" to answer.
In April this year, according to the National People's Congress Standing Committee to determine the 2008 legislative work plan in October for the Fifth Session of the 11th NPC Standing Committee meeting will be considered "state compensation law" to amend the draft.
Jiang Mingan, a professor of Beijing University Law School, told this newspaper, for the executive as a result of non-citizens the right to personal property damage, whether the executive should take responsibility for state compensation, the current "state compensation law" does not clearly defined. From past experience to determine if the issue of milk powder to the families of the victims on the grounds of inadequate supervision by the relevant departments to apply for state compensation, most likely to be rejected.
"But I hope that the State Compensation Law to amend the time to clarify this point, as far as government inaction, should also be included in the scope of the State Compensation." Jiang Mingan "Sanlu" formula as an example, if unable to pay compensation for San Lu Group , The families of the victims will be able to request state compensation to the departments concerned. Here, the State Compensation played a "compensatory".
"State Compensation Law" is about to face in 1994 after the passage of the first "overhaul." Over the past 14 years, the law has been the social evaluation is not high, even by the "State law does not pay" a mockery.
An understanding of the law of the legislative process, informed sources told reporters that "the State Compensation Law" to amend the main focus is to improve the compensation standards, expanding the scope of compensation, and to increase compensation to a fair and public process. "But overall, the revised expectations from the outside world still exists a certain gap."
"The worst effect of the implementation of the law"
In 2005, was held in Beijing to commemorate a "state compensation law," the 10th anniversary of the implementation of the forum. Meeting a professor of law under their own judgments: "In the implementation of the State Compensation Law of 10 years, we have learned much more experience. I think," State Compensation Law "is the least of the implementation of the law One. "
"State Compensation Law" Since then, labeled the "worst implementation of the law" label. It has almost become a consensus. The little extreme judge in the real world has not been too strong to justify.
Administrative law experts, have taken part in "State Compensation Law" and the drafting of the revised China University of Political Science and vice president of the Ma Huaide to our reporter revealed that a group of related data.
From January 1, 1995 to the end of 2004, Beijing accepted the ruling and state compensation cases for 89, a total amount of 2,190,000 yuan, "a huge Beijing, 10 cases more than 89, from country to country Violations caused by the loss of far more than 2,190,000 yuan. "Ma Huaide such comments.
Over the same period, procuratorial organs handled a total of 7823 such cases, the decision to pay compensation of 3167, the amount of 58,195,300, an average of more than 300 a year, each of the 10 provinces. Court handled a total of more than 15,867 cases, the decision to pay compensation of 5442, an average of 540 per province 18.
Harbin's Sun Guihua, Deputy Attorney-General summed up the view that the State Compensation "high threshold, low standards, the narrow scope", it was often difficult for people to enter national judicial proceedings for compensation.
Sun Guihua also the 11th National People's Congress. In last year's two sessions, Sun Guihua to the National People's Congress to amend "the State Compensation Law".
In recent years, in the face of ineffective implementation of the "State Compensation Law", on behalf of the National People's Congress to amend the law to the recommendations of an endless stream. In 2003, Hao Jin-ming of the CPPCC National Committee members to submit proposals to amend the proposal, "State Compensation Law"; in 2004, members of the CPPCC National Committee Li Daomin submit proposals; in 2005, the CPPCC National Committee member Chen Zhilun to submit proposals.
In 2005, one week there were 13 amendments to the State Compensation Law of motion served on the joint motion of the Committee of the NPC. To participate in a joint motion on behalf of the National People's Congress there were as many as 500, or when the NPC session on behalf of the nearly one-fifth of the total number.
"State Compensation Law" is obviously inadequate in the law school is a consensus. At the same time, but also note that many experts have stressed that the law of the development of China's democratic process and the rule of law.
"It's a landmark. Because it is the first time in the form of special provisions of national law with the same individual, it is necessary to conduct their own legal liability, and improve the state system of legal responsibility." Ma Huaide stressed.
Improve the standard of compensation
A well-informed sources, "the State Compensation Law," the standard compensation provided for in this revision will be improved.
Under the current "state compensation law," violation of personal freedom of citizens, the daily compensation in accordance with the country's annual average daily wage workers.
In 2004, took place in Henan along the famous "Weigou murder" case, the high steel as a "Weigou murder suspect" was held 677 days. After that, high steel was acquitted. He later received compensation for the extended detention is based on the daily average of 55.93 yuan of compensation standards.
In a more serious case, the only compensation or even a dollar a day.
Harbin City, Heilongjiang Province, railway workers SHI Yan-sheng as a result of "looting" was sentenced to death for a two-year reprieve, his mother, and so cover up the crime were sentenced to 3, was proved to be a gross miscarriage of justice. They 7, a 5101 days in custody, and compensation are only 6,000 yuan a day of freedom at a discount to more than one dollar.
The controversy surrounding the law also includes a lot of problems, the state's tort victims can not get compensation for moral damage, as well as the original provisions of the standard of compensation is too low.
An extreme case occurred in 2001, the famous "virgin sex case."
Ma Dandan case the victim will be followed by Jingyang Xianyang Public Security Bureau and the Municipal Public Security Bureau to court, claiming damages the spirit of 5,000,000 yuan. Finally, Ma Dandan was 74.66 yuan, as illegal restriction of personal freedom for two days in damages.
The academic community has been strongly advocated the spirit of the damages as compensation for the contents of one of the country. "Damages the spirit of the victims to give more countries to express their condemnation of the infringement, to console the souls of the victims in order to correct the improper acts of state administration." Ma Huaide said.
In the National School of Administration, Professor Ying Songnian view, does not provide for compensation for moral damage "the State Compensation Law a major flaw." "In a sense, in fact, the spirit of the damage more serious than the actual damage. Ma Dandan in how much mental damage, damage to the spirit of family, it is difficult to buy. But this Things more than once. Therefore, if we still do not increase the spirit of the terms of compensation, it really can not explain. "
An understanding of the legislative process have revealed that damages the spirit of the "expected" to enter "the State Compensation Law."
Ma Huaide said, "the State Compensation Law" was enacted 14 years ago, at the time that the abide by the "Tianpingbuqi" the principle of compensation, the amount of less-expensive, but a unified national standard to follow, leading in both the developed coastal areas, or, Land area, all using the same standard of compensation.
"Tianpingbuqi" standard, also known as "compensatory" the principle of compensation. The outside world has always advocated the "State Compensation Law" in a "punitive" damages standard.
The current method for calculating compensation for the "custody and a day" compensation "day" on the country's annual average daily wage workers. Ma Huaide explained that if the "custody and a day" compensation "two days" over the workers on the average wage, then only in line with the "punitive" damages the principle of the definition.
"In fact, we are now qualified to raise the compensation amount. In recent years, as China's economic development, governments at all levels of the financial situation has been greatly improved, has the ability to provide more compensation." Ma Huaide said.
A well-informed sources, "the State Compensation Law" in the revision would not be a "punitive" made it clear that the standard of compensation, but the actual requirement will increase the compensation standards. "But the range of distance there is a gap between the expectations of the outside world."
According to the current "Law on State Compensation," compensation for death, does not distinguish between urban residents and rural residents, according to the reunification of the "national year on the average annual wage workers" to determine the basic standard is a step forward, but it was not clear , The Supreme People's Court's judicial interpretation in the light of "the State Compensation Law," the above-mentioned provisions, however, urban residents and rural residents a clear distinction between. Created a "life with different
More and more people began to question the scandal has been completely destroyed San Lu's brand in the market if there is the possibility of survival. In the face of possible future wave of civil compensation lawsuit, the San Lu tangible assets remaining to what geometry?
At the same time, some people have begun to concern when the San Lu's assets are not sufficient to cover the families of the victims compensation, the Government should take responsibility for what?
This issue must be "state compensation law" to answer.
In April this year, according to the National People's Congress Standing Committee to determine the 2008 legislative work plan in October for the Fifth Session of the 11th NPC Standing Committee meeting will be considered "state compensation law" to amend the draft.
Jiang Mingan, a professor of Beijing University Law School, told this newspaper, for the executive as a result of non-citizens the right to personal property damage, whether the executive should take responsibility for state compensation, the current "state compensation law" does not clearly defined. From past experience to determine if the issue of milk powder to the families of the victims on the grounds of inadequate supervision by the relevant departments to apply for state compensation, most likely to be rejected.
"But I hope that the State Compensation Law to amend the time to clarify this point, as far as government inaction, should also be included in the scope of the State Compensation." Jiang Mingan "Sanlu" formula as an example, if unable to pay compensation for San Lu Group , The families of the victims will be able to request state compensation to the departments concerned. Here, the State Compensation played a "compensatory".
"State Compensation Law" is about to face in 1994 after the passage of the first "overhaul." Over the past 14 years, the law has been the social evaluation is not high, even by the "State law does not pay" a mockery.
An understanding of the law of the legislative process, informed sources told reporters that "the State Compensation Law" to amend the main focus is to improve the compensation standards, expanding the scope of compensation, and to increase compensation to a fair and public process. "But overall, the revised expectations from the outside world still exists a certain gap."
"The worst effect of the implementation of the law"
In 2005, was held in Beijing to commemorate a "state compensation law," the 10th anniversary of the implementation of the forum. Meeting a professor of law under their own judgments: "In the implementation of the State Compensation Law of 10 years, we have learned much more experience. I think," State Compensation Law "is the least of the implementation of the law One. "
"State Compensation Law" Since then, labeled the "worst implementation of the law" label. It has almost become a consensus. The little extreme judge in the real world has not been too strong to justify.
Administrative law experts, have taken part in "State Compensation Law" and the drafting of the revised China University of Political Science and vice president of the Ma Huaide to our reporter revealed that a group of related data.
From January 1, 1995 to the end of 2004, Beijing accepted the ruling and state compensation cases for 89, a total amount of 2,190,000 yuan, "a huge Beijing, 10 cases more than 89, from country to country Violations caused by the loss of far more than 2,190,000 yuan. "Ma Huaide such comments.
Over the same period, procuratorial organs handled a total of 7823 such cases, the decision to pay compensation of 3167, the amount of 58,195,300, an average of more than 300 a year, each of the 10 provinces. Court handled a total of more than 15,867 cases, the decision to pay compensation of 5442, an average of 540 per province 18.
Harbin's Sun Guihua, Deputy Attorney-General summed up the view that the State Compensation "high threshold, low standards, the narrow scope", it was often difficult for people to enter national judicial proceedings for compensation.
Sun Guihua also the 11th National People's Congress. In last year's two sessions, Sun Guihua to the National People's Congress to amend "the State Compensation Law".
In recent years, in the face of ineffective implementation of the "State Compensation Law", on behalf of the National People's Congress to amend the law to the recommendations of an endless stream. In 2003, Hao Jin-ming of the CPPCC National Committee members to submit proposals to amend the proposal, "State Compensation Law"; in 2004, members of the CPPCC National Committee Li Daomin submit proposals; in 2005, the CPPCC National Committee member Chen Zhilun to submit proposals.
In 2005, one week there were 13 amendments to the State Compensation Law of motion served on the joint motion of the Committee of the NPC. To participate in a joint motion on behalf of the National People's Congress there were as many as 500, or when the NPC session on behalf of the nearly one-fifth of the total number.
"State Compensation Law" is obviously inadequate in the law school is a consensus. At the same time, but also note that many experts have stressed that the law of the development of China's democratic process and the rule of law.
"It's a landmark. Because it is the first time in the form of special provisions of national law with the same individual, it is necessary to conduct their own legal liability, and improve the state system of legal responsibility." Ma Huaide stressed.
Improve the standard of compensation
A well-informed sources, "the State Compensation Law," the standard compensation provided for in this revision will be improved.
Under the current "state compensation law," violation of personal freedom of citizens, the daily compensation in accordance with the country's annual average daily wage workers.
In 2004, took place in Henan along the famous "Weigou murder" case, the high steel as a "Weigou murder suspect" was held 677 days. After that, high steel was acquitted. He later received compensation for the extended detention is based on the daily average of 55.93 yuan of compensation standards.
In a more serious case, the only compensation or even a dollar a day.
Harbin City, Heilongjiang Province, railway workers SHI Yan-sheng as a result of "looting" was sentenced to death for a two-year reprieve, his mother, and so cover up the crime were sentenced to 3, was proved to be a gross miscarriage of justice. They 7, a 5101 days in custody, and compensation are only 6,000 yuan a day of freedom at a discount to more than one dollar.
The controversy surrounding the law also includes a lot of problems, the state's tort victims can not get compensation for moral damage, as well as the original provisions of the standard of compensation is too low.
An extreme case occurred in 2001, the famous "virgin sex case."
Ma Dandan case the victim will be followed by Jingyang Xianyang Public Security Bureau and the Municipal Public Security Bureau to court, claiming damages the spirit of 5,000,000 yuan. Finally, Ma Dandan was 74.66 yuan, as illegal restriction of personal freedom for two days in damages.
The academic community has been strongly advocated the spirit of the damages as compensation for the contents of one of the country. "Damages the spirit of the victims to give more countries to express their condemnation of the infringement, to console the souls of the victims in order to correct the improper acts of state administration." Ma Huaide said.
In the National School of Administration, Professor Ying Songnian view, does not provide for compensation for moral damage "the State Compensation Law a major flaw." "In a sense, in fact, the spirit of the damage more serious than the actual damage. Ma Dandan in how much mental damage, damage to the spirit of family, it is difficult to buy. But this Things more than once. Therefore, if we still do not increase the spirit of the terms of compensation, it really can not explain. "
An understanding of the legislative process have revealed that damages the spirit of the "expected" to enter "the State Compensation Law."
Ma Huaide said, "the State Compensation Law" was enacted 14 years ago, at the time that the abide by the "Tianpingbuqi" the principle of compensation, the amount of less-expensive, but a unified national standard to follow, leading in both the developed coastal areas, or, Land area, all using the same standard of compensation.
"Tianpingbuqi" standard, also known as "compensatory" the principle of compensation. The outside world has always advocated the "State Compensation Law" in a "punitive" damages standard.
The current method for calculating compensation for the "custody and a day" compensation "day" on the country's annual average daily wage workers. Ma Huaide explained that if the "custody and a day" compensation "two days" over the workers on the average wage, then only in line with the "punitive" damages the principle of the definition.
"In fact, we are now qualified to raise the compensation amount. In recent years, as China's economic development, governments at all levels of the financial situation has been greatly improved, has the ability to provide more compensation." Ma Huaide said.
A well-informed sources, "the State Compensation Law" in the revision would not be a "punitive" made it clear that the standard of compensation, but the actual requirement will increase the compensation standards. "But the range of distance there is a gap between the expectations of the outside world."
According to the current "Law on State Compensation," compensation for death, does not distinguish between urban residents and rural residents, according to the reunification of the "national year on the average annual wage workers" to determine the basic standard is a step forward, but it was not clear , The Supreme People's Court's judicial interpretation in the light of "the State Compensation Law," the above-mentioned provisions, however, urban residents and rural residents a clear distinction between. Created a "life with different
14 Oct 2008
Damages theory classification
Damages are divided into: an agreement for damages and statutory damages, statutory damages can be broken down into the statutory punitive and compensatory damages statutory damages (actual damage / loss of interest available).
Civil liability for breach of contract, including its primary responsibility to compensate for the basic functions of punishment is exceptional, complementary. If it is not the law specifically provides that the statutory damages, in principle, should be a statutory compensatory damages.
Reference to the law "Contract Law" Section 113 subsection 1: a party to its obligations under the contract or do not meet its obligations under the contract agreed by the parties, to the other side's losses, should be equal to the amount of damages for breach of contract caused by the loss, including the performance of the contract after Benefits, but no more than one party for breach of contract when the contract should be foreseen or unforeseen for breach of contract may result in the loss.
Civil liability for breach of contract, including its primary responsibility to compensate for the basic functions of punishment is exceptional, complementary. If it is not the law specifically provides that the statutory damages, in principle, should be a statutory compensatory damages.
Reference to the law "Contract Law" Section 113 subsection 1: a party to its obligations under the contract or do not meet its obligations under the contract agreed by the parties, to the other side's losses, should be equal to the amount of damages for breach of contract caused by the loss, including the performance of the contract after Benefits, but no more than one party for breach of contract when the contract should be foreseen or unforeseen for breach of contract may result in the loss.
13 Oct 2008
Well-known defense lawyer for the Jia Yang has acquitted the contractor cases
BEIJING, Oct. 13 Xinhua 9:30 today, "Jia Yang case of assaulting a police officer" in the second instance of the Shanghai Municipal Higher People's Court of the Fifth open to the public. The defense lawyer for the Jia Yang Shanghai is well-known criminal lawyer Zhai.
Zhai, Shanghai law firm website information shows that Zhai was born in April 1957. Admitted in 1978 at Shanghai's Fudan University (later incorporated into the Shanghai University) Department of Political Science and Law, law degree by 1983, Shanghai has become the "Cultural Revolution" after the first batch of graduates of the legal profession. After graduating from school teaching, and other co-author of "Concise Guide to the Criminal Law" and as the Shanghai University College of Liberal Arts Faculty of Law, Deputy Head of the Department.
Zhai 1984 from engaging in part-time lawyers, the Shanghai office of the Joint Assistant Director of the law firm, the second director of the reception room. Shanghai in 1989 was named the "Top 10 criminal defense lawyers," and "Tu Jishou Shanghai New Long March." In 1995 to engage in full-time lawyers, in October the same year, with others to set up a "law firm in Shanghai tomorrow," the director of the office. In November 2002 and founded the city's first personal business law firm - Zhai, Shanghai law firm, the director.
It is reported that Zhai is an expert in criminal defense lawyer, has been engaged by the managers of his major criminal and civil cases over 1,000, all over the country. He had been Tsan party to the court "operations around the gunman did not fire the players do not Yun, indomitable fighting hands." Its contractors later acquitted in the case are numerous types of doubt, in 1985, was sentenced for corruption (sentenced to 10 years) imprisonment for the second project of the Ministry of Railways Board engineer Bu Genliang Deputy Ombudsman for acquitted End, the case nationwide sensation.
"Jia Yang case of assaulting a police officer," Zhai before and after contact with three of the Jia Yang, saying that "his mental problems," the court to apply for re-identification of the Jia Yang for mental illness.
Zhai, Shanghai law firm website information shows that Zhai was born in April 1957. Admitted in 1978 at Shanghai's Fudan University (later incorporated into the Shanghai University) Department of Political Science and Law, law degree by 1983, Shanghai has become the "Cultural Revolution" after the first batch of graduates of the legal profession. After graduating from school teaching, and other co-author of "Concise Guide to the Criminal Law" and as the Shanghai University College of Liberal Arts Faculty of Law, Deputy Head of the Department.
Zhai 1984 from engaging in part-time lawyers, the Shanghai office of the Joint Assistant Director of the law firm, the second director of the reception room. Shanghai in 1989 was named the "Top 10 criminal defense lawyers," and "Tu Jishou Shanghai New Long March." In 1995 to engage in full-time lawyers, in October the same year, with others to set up a "law firm in Shanghai tomorrow," the director of the office. In November 2002 and founded the city's first personal business law firm - Zhai, Shanghai law firm, the director.
It is reported that Zhai is an expert in criminal defense lawyer, has been engaged by the managers of his major criminal and civil cases over 1,000, all over the country. He had been Tsan party to the court "operations around the gunman did not fire the players do not Yun, indomitable fighting hands." Its contractors later acquitted in the case are numerous types of doubt, in 1985, was sentenced for corruption (sentenced to 10 years) imprisonment for the second project of the Ministry of Railways Board engineer Bu Genliang Deputy Ombudsman for acquitted End, the case nationwide sensation.
"Jia Yang case of assaulting a police officer," Zhai before and after contact with three of the Jia Yang, saying that "his mental problems," the court to apply for re-identification of the Jia Yang for mental illness.
12 Oct 2008
2008 Beijing Forum on prison places great importance to the opening of psychological intervention to prevent recidivism
Ben Wang Beijing on October 10 hearing intern reporter Li Song Jie Huang Xu Weilun this morning, a three-day 2008 Beijing Forum on prison places in Beijing, from Beijing, Guangdong, Hong Kong, Macao and Singapore offender treatment expert Together around a common "psychological intervention and the transformation of criminals," she said. The experts participating at the meeting said that most of the inmates there are varying degrees of personality disorder and other psychological problems, such as psychological intervention does not take effective measures not only affect the stability of the prison, and very likely to be the incentive for them to re-crime .
It is understood that the "Guangdong, Hong Kong Prison Forum in Beijing," the predecessor of the "Guangdong-Hong Kong Prison Forum" in 2004 by the Prison Administration of Guangdong Province and Hong Kong Correctional Services Department's co-founder. Participants will also focus on the psychological assessment of the danger of criminals, violence and suicide scale of the design and application issues such as a three-day seminar.
In this morning's discussion, the Beijing Municipal Prison psychological treatment director Cao Jian made a wide "anti-social personality disorder personnel serving the cause of research and intervention," the report pointed out that Beijing is currently in prison serving a sentence of anti-social personality disorder have been accounted for The total number of inmates into three or more.
It is understood that the "Guangdong, Hong Kong Prison Forum in Beijing," the predecessor of the "Guangdong-Hong Kong Prison Forum" in 2004 by the Prison Administration of Guangdong Province and Hong Kong Correctional Services Department's co-founder. Participants will also focus on the psychological assessment of the danger of criminals, violence and suicide scale of the design and application issues such as a three-day seminar.
In this morning's discussion, the Beijing Municipal Prison psychological treatment director Cao Jian made a wide "anti-social personality disorder personnel serving the cause of research and intervention," the report pointed out that Beijing is currently in prison serving a sentence of anti-social personality disorder have been accounted for The total number of inmates into three or more.
9 Oct 2008
Court information on the characteristics of the role and method of editing
Modern society is an information society. Information is the work of leading modern understanding of society and public opinion, to make scientific decision-making and effective coordination of an important means. At present, the People's reform and development is at a crucial period for the trial, judicial reform and the building of a very heavy task, the new situation and new tasks called for further strengthening the work of the court information, so make the best of the work of dynamic leadership, and leadership for scientific decision-making Provide sufficient basis for the trial to provide quality services. And grasp the characteristics of the style and editing of information is edited and distributed high-quality information precondition for the court. Recently, the Court held the use of the province's information staff training opportunities to speak, and the author of the Court of information on the characteristics of the role and method of editing and other issues of the superficial.
Court information on the characteristics of style
Information is the work of the problems reflect the basis for decision-making and leadership. Culture and sports, it is a report on the work of the authorities, exchange, guidance text short of refined materials. In the current dictionaries, it is difficult to find out cultural information be explained. In the traditional secretarial, correspondence school writing, writing the information is often classified as "brief" or other forms of style, do not be regarded as an independent style commonly used for research. However, in recent years, with the information organs at all levels of an important clerical work, to become organ Office (Office) staff to play, the assistant role of the service an important part of the cultural information materials, instruments, institutions have become a Common form, have shown increasing its relative independence and became an independent style applications.
Information organs as a result of the different nature of work can be divided into party and government information, court information, such as corporate information. Information services is based on the leadership of the court decision, the trial service for the purpose of the court to reflect the important new situations and problems, transfer the trial, team-building, judicial reform in areas such as information on the work of the main contents of the court system produced a Comparison of precision a short, fast style of application.
Information on the court in style has its own uniqueness, of the main problems: the court documents and other information in the form of style, as well as news reports have different connotations and defined. Court information and report on the work of a speech summing up, notice, request letter, summary of the documents and other cultural and sports news and comparison, and have the same distinction. The same is true of the statements require accurate, or under-reported to have a variety of circumstances, the exchange or to guide the work of the functions of the difference is that each of the above-style set of information and services. News reports reflect the social circumstances of the popular public works, which serve the public. Court information on the court a more refined short, rapid application of the internal style, it reflects the work of the court, the main clients are the leading decision-making and working trials. Other documents for the official activities of an application instrument. Court presentation of information in the structure of the material, language style, length and professionalism of the clients, as well as submitted to the statute of limitations, the need for confidentiality requirements unique style with other documents and news reports differ.
Court information, including information and prepared the court brief. Information briefings and function are the same, and the difference is that the former than the latter are usually time-and narrow the scope of the documents. Culture and sports, the more obvious difference is the length of different length. From the Supreme Court because we prepared and issued two publications of the "information day" and "the work of the court brief" can be seen, "the daily information" very brief information on each, about half a page a few hundred words, the "briefing" In a headline about throughout the four or six pages there are thousands of words. But in fact the two are not strictly defined clearly. Do not write a briefing information and too rigid in the form of monotonous format immobilized. Sometimes there are briefings of short length. Sometimes as a result of the content of the information content of large and lengthy. Court information as a result of the different nature of the content is divided into dynamic information, the topic of information, comprehensive information, such as different species, specifically the work of dynamic, cases, experience, research, suggestions, questions, the type of system information. In the format of such information, the information can be a reflection of one aspect or more of the situation, may be one or more components of information; in the structure, there is no fixed at the beginning (or lead), the main body of the conclusion, With more flexibility and freedom, can be big or short paragraphs devoted to short fine, and briefly Ming-wen; in the content, which was lower than the broader document, a message reflected in the material content is not necessarily a pursuit of integrity, but it can be As an independent information to be prepared, through continuous feedback to achieve its integrity.
Court information on the status and role of
Good editing information to the court, to be on the court for information on the status and role.
Information is an important work of the Office of the Court functions. With the deepening of reform and opening up, courts at all levels to work for the trial of the new situation and new problems continue to make concrete decisions, the new measures, which require a large number of factual information, as to understand the situation, Decision-making, to guide the work of reference and a basis. Court information to reflect the real situation, the leadership of the decision-making to help promote the implementation of the work, service trial, the court plays an important work of the "staff" and the "eyes and ears", has attracted more and more courts at all levels of leadership attaches great importance to. Court information on the status and role of, mainly in three aspects:
(A) leaders at all levels of decision-making basis.
Party committees at all levels of courts and determine the objectives and ideas as well as the implementation of the decision-making must learn to master a large number of first-hand information, take a great deal of information. The relationship between information and decision-making: the decision-making information is the foundation and basis for decision-making is to judge and use information. It can be said that the information was "seen on the base, the road to success." Decision-making because of the need to use information to form judgments, decisions need to be implemented through regulation and control information, the implementation of the decision-making after the close of the information by virtue of the need to sum up, in order to create conditions for a new decision-making. Information to do good work, the information provided in a timely manner not in a timely manner, the real unreal, not fully comprehensive, it will affect the leadership of the courts at all levels of decision-making correct and scientific.
A) The editors of the essentials
Around the center. Around the important work of the party's central task of the Court and the overall situation and needs of editing information. As a result of editing standards to measure the quality of the information, is editing the party's message of the overall work of the court and the central task and the applicability of the availability of strong, the editors of good information, there is only one standard, which is edited and distributed information on the work of the Court On the wrong road, out of step together, there is no reference to the reference value and how much. Accordingly, it is necessary to study and grasp the party and the state's line, principles and policies, but also the use of a variety of channels, with accurate information concerning the work of the Party Group of the Court and the deployment of major concern, the work of the court make the best of the overall situation and the specific situation To understand, analyze, judge of the Court of information on demand, for a period of time to know what information should be focused on editing. On this basis, to form their own opinions and recommendations prepared by the Court of collecting information for the reference to the leadership.
Quick initiative. To take the initiative to fast editing and the trial court and the building of a major reform, issues, events and other related information, including the important work of the Court of ideas, progress and problems, as well as the achievements of experience, and the courts in accordance with the central, provincial party committee and A higher court called for the deployment of the work, achieved results, problems and recommendations and the relevant authorities and so on, In addition, the Court of major cases and judicial reform measures, as well as major accidents, disasters, particularly in major emergencies, and so on, all the These are asking the court to information staff to be proactive rapid editing of information submitted, so that a pretty good idea of the leadership in order to keep the decision-making and guide our work. To this end, the information should be submitted to the quick editing and pay attention to timeliness. The Special Court is an emergency, action to editing more responsive and faster.
New realistic refinement. Editing information to the court point to the work of the new situation and new initiatives, new experiences, new results and new problems. Content to have novelty value, time submitted to the "early" leader; point of view in order to reflect the "new" giving priorities; reveal the nature of the "deep" to win. In the selection should be on center court at the current legal and social focus of the difficulties the benefit of the doubt, so that his leadership is eager to get to know or need to be solved. Seeking truth from facts is a prerequisite for information editing, editing and objective information to be true. No fraud, not based on hearsay evidence, not hearsay. Bad with the good news is not personal prejudice, not an exaggeration to hide, not doped water, it is necessary to true and accurate and appropriate. Information Services result of the decision of the functions of its short length features, editing of information to be brief refining. Prevention of beating about the bush, empty, flashy, or empty talk, specious.
Comprehensive analysis adept. Information that is in the process of editing, will be good to classify all kinds of information materials, comprehensive, draw conclusions, qualitative and quantitative analysis of the problem to find the reasons for suggestions from the results brought out in practice, to find the facts in the law, personality China leads in common, a mining law, universality, tendentious, signs, forward-looking things, to form valuable, in-depth information. To that end requested information timely and accurate editing a comprehensive, innovative, analysis, countermeasures and suggestions. Court leadership and the need to take into account the information to editors, but did not take into account the practical needs of the editing also. Leading to the attention of the court or a major impact on major cases and other issues, such as editing in a row must not only reflect the beginning of the process as well as reflect, to take countermeasures, as well as the final results of the impact, and so on, leading to the decision-making to do Assisted good work. At the same time, efforts to improve the analysis, synthesis and forecasting capabilities, the promotion of information into the results, to maximize its decision-making services.
Grasp the principles of the newspaper and mixed. Information should be editing hi good news, bad bad. But sometimes, and editing information to reflect mainly reflect the exposure of the unit, leading happy, perhaps the editors to pay. In this regard, in some cases may be another angle to write, such as through an analysis of Justice Statistics, the analysis of the problem, to send a message. It is worth noting that the higher authorities to make laws in connection with the visit, anti-violence law, and other urgent emergencies and other major issues such as bad information, as soon as possible to report to the competent leadership, in accordance with the relevant provisions of the information submitted to the prepared information, in particular, Them late on the possible serious consequences of the information, we must employ the fastest speed of the incident and the reasons for the situation, such as editing, the first time the issue of leadership in charge of cross-reporting. And disposal process and results, timely and accurate newspaper added.
Court information on the characteristics of style
Information is the work of the problems reflect the basis for decision-making and leadership. Culture and sports, it is a report on the work of the authorities, exchange, guidance text short of refined materials. In the current dictionaries, it is difficult to find out cultural information be explained. In the traditional secretarial, correspondence school writing, writing the information is often classified as "brief" or other forms of style, do not be regarded as an independent style commonly used for research. However, in recent years, with the information organs at all levels of an important clerical work, to become organ Office (Office) staff to play, the assistant role of the service an important part of the cultural information materials, instruments, institutions have become a Common form, have shown increasing its relative independence and became an independent style applications.
Information organs as a result of the different nature of work can be divided into party and government information, court information, such as corporate information. Information services is based on the leadership of the court decision, the trial service for the purpose of the court to reflect the important new situations and problems, transfer the trial, team-building, judicial reform in areas such as information on the work of the main contents of the court system produced a Comparison of precision a short, fast style of application.
Information on the court in style has its own uniqueness, of the main problems: the court documents and other information in the form of style, as well as news reports have different connotations and defined. Court information and report on the work of a speech summing up, notice, request letter, summary of the documents and other cultural and sports news and comparison, and have the same distinction. The same is true of the statements require accurate, or under-reported to have a variety of circumstances, the exchange or to guide the work of the functions of the difference is that each of the above-style set of information and services. News reports reflect the social circumstances of the popular public works, which serve the public. Court information on the court a more refined short, rapid application of the internal style, it reflects the work of the court, the main clients are the leading decision-making and working trials. Other documents for the official activities of an application instrument. Court presentation of information in the structure of the material, language style, length and professionalism of the clients, as well as submitted to the statute of limitations, the need for confidentiality requirements unique style with other documents and news reports differ.
Court information, including information and prepared the court brief. Information briefings and function are the same, and the difference is that the former than the latter are usually time-and narrow the scope of the documents. Culture and sports, the more obvious difference is the length of different length. From the Supreme Court because we prepared and issued two publications of the "information day" and "the work of the court brief" can be seen, "the daily information" very brief information on each, about half a page a few hundred words, the "briefing" In a headline about throughout the four or six pages there are thousands of words. But in fact the two are not strictly defined clearly. Do not write a briefing information and too rigid in the form of monotonous format immobilized. Sometimes there are briefings of short length. Sometimes as a result of the content of the information content of large and lengthy. Court information as a result of the different nature of the content is divided into dynamic information, the topic of information, comprehensive information, such as different species, specifically the work of dynamic, cases, experience, research, suggestions, questions, the type of system information. In the format of such information, the information can be a reflection of one aspect or more of the situation, may be one or more components of information; in the structure, there is no fixed at the beginning (or lead), the main body of the conclusion, With more flexibility and freedom, can be big or short paragraphs devoted to short fine, and briefly Ming-wen; in the content, which was lower than the broader document, a message reflected in the material content is not necessarily a pursuit of integrity, but it can be As an independent information to be prepared, through continuous feedback to achieve its integrity.
Court information on the status and role of
Good editing information to the court, to be on the court for information on the status and role.
Information is an important work of the Office of the Court functions. With the deepening of reform and opening up, courts at all levels to work for the trial of the new situation and new problems continue to make concrete decisions, the new measures, which require a large number of factual information, as to understand the situation, Decision-making, to guide the work of reference and a basis. Court information to reflect the real situation, the leadership of the decision-making to help promote the implementation of the work, service trial, the court plays an important work of the "staff" and the "eyes and ears", has attracted more and more courts at all levels of leadership attaches great importance to. Court information on the status and role of, mainly in three aspects:
(A) leaders at all levels of decision-making basis.
Party committees at all levels of courts and determine the objectives and ideas as well as the implementation of the decision-making must learn to master a large number of first-hand information, take a great deal of information. The relationship between information and decision-making: the decision-making information is the foundation and basis for decision-making is to judge and use information. It can be said that the information was "seen on the base, the road to success." Decision-making because of the need to use information to form judgments, decisions need to be implemented through regulation and control information, the implementation of the decision-making after the close of the information by virtue of the need to sum up, in order to create conditions for a new decision-making. Information to do good work, the information provided in a timely manner not in a timely manner, the real unreal, not fully comprehensive, it will affect the leadership of the courts at all levels of decision-making correct and scientific.
A) The editors of the essentials
Around the center. Around the important work of the party's central task of the Court and the overall situation and needs of editing information. As a result of editing standards to measure the quality of the information, is editing the party's message of the overall work of the court and the central task and the applicability of the availability of strong, the editors of good information, there is only one standard, which is edited and distributed information on the work of the Court On the wrong road, out of step together, there is no reference to the reference value and how much. Accordingly, it is necessary to study and grasp the party and the state's line, principles and policies, but also the use of a variety of channels, with accurate information concerning the work of the Party Group of the Court and the deployment of major concern, the work of the court make the best of the overall situation and the specific situation To understand, analyze, judge of the Court of information on demand, for a period of time to know what information should be focused on editing. On this basis, to form their own opinions and recommendations prepared by the Court of collecting information for the reference to the leadership.
Quick initiative. To take the initiative to fast editing and the trial court and the building of a major reform, issues, events and other related information, including the important work of the Court of ideas, progress and problems, as well as the achievements of experience, and the courts in accordance with the central, provincial party committee and A higher court called for the deployment of the work, achieved results, problems and recommendations and the relevant authorities and so on, In addition, the Court of major cases and judicial reform measures, as well as major accidents, disasters, particularly in major emergencies, and so on, all the These are asking the court to information staff to be proactive rapid editing of information submitted, so that a pretty good idea of the leadership in order to keep the decision-making and guide our work. To this end, the information should be submitted to the quick editing and pay attention to timeliness. The Special Court is an emergency, action to editing more responsive and faster.
New realistic refinement. Editing information to the court point to the work of the new situation and new initiatives, new experiences, new results and new problems. Content to have novelty value, time submitted to the "early" leader; point of view in order to reflect the "new" giving priorities; reveal the nature of the "deep" to win. In the selection should be on center court at the current legal and social focus of the difficulties the benefit of the doubt, so that his leadership is eager to get to know or need to be solved. Seeking truth from facts is a prerequisite for information editing, editing and objective information to be true. No fraud, not based on hearsay evidence, not hearsay. Bad with the good news is not personal prejudice, not an exaggeration to hide, not doped water, it is necessary to true and accurate and appropriate. Information Services result of the decision of the functions of its short length features, editing of information to be brief refining. Prevention of beating about the bush, empty, flashy, or empty talk, specious.
Comprehensive analysis adept. Information that is in the process of editing, will be good to classify all kinds of information materials, comprehensive, draw conclusions, qualitative and quantitative analysis of the problem to find the reasons for suggestions from the results brought out in practice, to find the facts in the law, personality China leads in common, a mining law, universality, tendentious, signs, forward-looking things, to form valuable, in-depth information. To that end requested information timely and accurate editing a comprehensive, innovative, analysis, countermeasures and suggestions. Court leadership and the need to take into account the information to editors, but did not take into account the practical needs of the editing also. Leading to the attention of the court or a major impact on major cases and other issues, such as editing in a row must not only reflect the beginning of the process as well as reflect, to take countermeasures, as well as the final results of the impact, and so on, leading to the decision-making to do Assisted good work. At the same time, efforts to improve the analysis, synthesis and forecasting capabilities, the promotion of information into the results, to maximize its decision-making services.
Grasp the principles of the newspaper and mixed. Information should be editing hi good news, bad bad. But sometimes, and editing information to reflect mainly reflect the exposure of the unit, leading happy, perhaps the editors to pay. In this regard, in some cases may be another angle to write, such as through an analysis of Justice Statistics, the analysis of the problem, to send a message. It is worth noting that the higher authorities to make laws in connection with the visit, anti-violence law, and other urgent emergencies and other major issues such as bad information, as soon as possible to report to the competent leadership, in accordance with the relevant provisions of the information submitted to the prepared information, in particular, Them late on the possible serious consequences of the information, we must employ the fastest speed of the incident and the reasons for the situation, such as editing, the first time the issue of leadership in charge of cross-reporting. And disposal process and results, timely and accurate newspaper added.
7 Oct 2008
China-free system is fully abolished?
Sanlu milk powder incident led to the "Abolition of the food-free" is just the first domino falling, now is followed by a domino fall?? General Administration of Quality Supervision are ready to fully abolish the production of other products in the field-free system.
September 25, the General Administration of Quality Supervision Division of Product Quality Supervision, who said that the total abolition of the system-free products, the possibility of a "very large", AQSIQ will be followed by special "documents" to "the aftermath." This means that the State Council banned the Abolition of the food-free system, a range of products including household appliances, such as the production of the exemption system will be fully abolished in the years to adapt to the "exemption" system, Chinese enterprises will face a new survival环境.
-Free era is about to end
System-free products in the face before the repeal, the exemption as a legal system based on "product quality supervision and inspection from management" has in fact been declared null and void.
Reporters learned that Sanlu milk powder led to the incident-free food system was abolished, many non-food businesses are asked to the General Administration of Quality Supervision-free system, as well as the title of exemption can continue. For this, they were answered yes, system-free products on the adjustment of product quality will be responsible for the Supervision Department to make recommendations and opinions.
"The total abolition of the exemption system, the possibility is very large, because the product-free way to have been completely abolished." Sept. 25 in the afternoon, the quality supervision and Secretary of the Comprehensive Department who said that he also said, "Now the milk is The most urgent, however, on the follow-up system-free policy will be issued later. "
Have participated in on the proceedings of the General Administration of Quality Supervision lawyers appear to Zhang Xianfeng, the State Council is clearly in the field of food abolition of the exemption system now, "although the old management approach to repeal the exemption, but the confiscation of the tail, the new exemption may be Out. "
He said the "tail", referring to the still valid in other documents relating to the exemption provisions. AQSIQ issued in 2001, "Chinese famous brand management" (hereinafter referred to as the brand management), the 24th article stipulates that: in the life of Chinese brand-name products, from government departments at all levels of quality supervision and inspection. "If this document is not repealed, said that the exemption will not be able to completely abolish the system." He said.
However, the National School of Administration, Professor Wang Yukai view, the product-free way to the repeal, as well as the the Abolition of the State Council banned the quality of the food-free system, only "the beginning of a storm." When the reporters on this matter to the General Administration of Quality Supervision confirmation of the Information Services Department, where the relevant person in charge said only that "policy-related research, for the time being has not yet been determined to speak with one voice in foreign."
Cut off the last of the "tail"
Zhang Xianfeng-free system that the "final tail", is also faced with the "fate of the ruling," Sept. 25, the General Administration of Quality Supervision Division of Product Quality Supervision, said, "do not rule out the repeal brand management. "But that is still under way," the entry into force. "
Coincidentally, in mid-August and approved by the State Council's "State General Administration of Quality Supervision, Inspection and Quarantine of the main duties of their internal structure and staffing requirements," provides that the General Administration of Quality Supervision no longer apply directly with businesses and the brand-name product selection Activities.
In this regard, Zhang Xianfeng also released a letter to the General Administration of Quality Supervision, the proposed repeal of the management's request, after he once again received a telephone Miss Dong Xing, the General Administration of Quality Supervision, said the person, brand-name products named China, " Sooner or later will be abolished, just a matter of time. "
"It has not yet abolished the brand management programs and determining three things contradictory, it should be repealed." Zhang Xianfeng said.
Bishi, and questioned the Chinese brand-name-free system, there are a number of scholars and policy researchers. In the following years, questioned the Chinese brand-name-free system and the elimination of several waves of a few up.
However, the final push in the field of food-free system, the abolition of the Sanlu milk powder incident, three years after
The first is an intermediary body between the selection of honor can have direct access to administrative rights.
In the General Administration of Quality Supervision no longer directly named after famous for its functions by the relevant intermediary organization to bear. However, the brand is still operating management of the 24th article stipulates that "Chinese famous brand products in the life, freedom from government departments at all levels of quality supervision and inspection."
As a result, by the intermediary organization selected by the Chinese brand-name products, it was a legitimate check from the government the right to "This is very strange." Zhang said.
Second, in determining three things after the introduction of the program, the AQSIQ did not set out documents from those of the General Administration of Quality Supervision selected by the Chinese name brand products is still in use. The way to the twenty-second article: General Administration of Quality Supervision granted in the name of "Chinese famous brand" title, awarded medals and certificates Chinese brand-name products.
Weigh the interests of the government and enterprises
In fact, the exemption question the system has been going on for several years.
Has been called for the abolition of the exemption system, Zhang Xianfeng, as early as 2004, it raised the question of exemption system. At that time, he addressed the media and the General Administration of Quality Supervision and Quarantine issued an open letter. Subsequently, he received from the General Administration of Quality Supervision claiming to be Miss Dong Xing telephone.
At this is defined as a "private" in telephones, Miss Dong stressed that the two-free treatment is, is a simple recognition, rather than administrative licensing, there is no executive privilege; Second, even if the exemption is, "We are also Richard is not, we always check. "
Zhang persuade her to restore the impact of the media, specifically referred to the Sanlu milk powder case in point.
In 2004, San Lu has been involved in the Fuyang milk powder incident of drug blacklist. However, there was product-free access to and quality of Chinese brand-name products Sanlu title, quickly pull through. April 26, including the General Administration of Quality Supervision, the four jointly issued a document requiring law enforcement agencies around the Sanlu milk powder to allow normal sales.
Miss Dong Xing Zhang said that with local government departments work properly, so that San Lu Group "wronged", to the San Lu has led to great economic losses, "you are now calling for the abolition of exemption system will be exempt to the title of the product Loss of businesses and enterprises will blame you. "
Bishi, and questioned the Chinese brand-name-free system, there are a number of scholars and policy researchers. In the following years, questioned the Chinese brand-name-free system and the elimination of several waves of a few up.
However, the final push in the field of food-free system, the abolition of the Sanlu milk powder incident, after three years to come, so that Zhang was a sigh, "If it is not the case, the abolition of the exemption system may not matter to come so early."
According to his analysis, product-free products has brought the regulatory vacuum. AQSIQ mainly related to the supervision and inspection of a production, "However, they set themselves, abandoned their duties under the law."
In the above mentioned product-free approach, system-free introduction of one of the purposes is to alleviate the burden on enterprises. Does not indicate a source of the statistics, 1489-free access to qualified enterprises, 100,000,000 yuan every year to save the cost of testing, this calculation, each business can save an average of nearly 70,000 yuan.
"How much does it cost-free to save, we did not make their own statistics. Enterprises, but, save a few million of the cost of testing, need not concern the content." Related to a food processing business with the person in charge told reporters that "we The multi-product-free as an advertising effect. "
Wang Yukai in it, "the government and the market should be divided border, the Government has done is to determine a bottom line. For example, to determine the quality of the product is not up to standard qualified, should not make a good or bad quality certification, product quality Rely on the market to determine. "
Small data
Origin-free system
Product-free system began in the 1990s. At that time, a number of local technical supervision departments of the local inspection for several consecutive years of qualified products in a certain period of time from supervision and inspection.
In 1999, the exemption system throughout the country to start. December that year, the State Council issued the "Regulations on the quality of products to further strengthen the work of a number of decisions" (hereinafter referred to the decision), in line with the provisions of the conditions of the product, "can be defined as product-free."
In March 2000, the former State Quality and Technical Supervision issued "product quality supervision and inspection from management" and its "implementation details" provides exemption given special rights to the product --- "in the period to which the exemption, as well as government departments at all levels Circulation in the area are not allowed to carry out quality supervision and inspection. "
In the same year, the first-free list of products released.
In December 2001, AQSIQ issued a new "products from quality supervision and inspection management", a growing list of product-free expansion.
Bishi, and questioned the Chinese brand-name-free system, there are a number of scholars and policy researchers. In the following years, questioned the Chinese brand-name-free system and the elimination of several waves of a few up.
However, the final push in the field of food-free system, the abolition of the Sanlu milk powder incident, three years after
September 25, the General Administration of Quality Supervision Division of Product Quality Supervision, who said that the total abolition of the system-free products, the possibility of a "very large", AQSIQ will be followed by special "documents" to "the aftermath." This means that the State Council banned the Abolition of the food-free system, a range of products including household appliances, such as the production of the exemption system will be fully abolished in the years to adapt to the "exemption" system, Chinese enterprises will face a new survival环境.
-Free era is about to end
System-free products in the face before the repeal, the exemption as a legal system based on "product quality supervision and inspection from management" has in fact been declared null and void.
Reporters learned that Sanlu milk powder led to the incident-free food system was abolished, many non-food businesses are asked to the General Administration of Quality Supervision-free system, as well as the title of exemption can continue. For this, they were answered yes, system-free products on the adjustment of product quality will be responsible for the Supervision Department to make recommendations and opinions.
"The total abolition of the exemption system, the possibility is very large, because the product-free way to have been completely abolished." Sept. 25 in the afternoon, the quality supervision and Secretary of the Comprehensive Department who said that he also said, "Now the milk is The most urgent, however, on the follow-up system-free policy will be issued later. "
Have participated in on the proceedings of the General Administration of Quality Supervision lawyers appear to Zhang Xianfeng, the State Council is clearly in the field of food abolition of the exemption system now, "although the old management approach to repeal the exemption, but the confiscation of the tail, the new exemption may be Out. "
He said the "tail", referring to the still valid in other documents relating to the exemption provisions. AQSIQ issued in 2001, "Chinese famous brand management" (hereinafter referred to as the brand management), the 24th article stipulates that: in the life of Chinese brand-name products, from government departments at all levels of quality supervision and inspection. "If this document is not repealed, said that the exemption will not be able to completely abolish the system." He said.
However, the National School of Administration, Professor Wang Yukai view, the product-free way to the repeal, as well as the the Abolition of the State Council banned the quality of the food-free system, only "the beginning of a storm." When the reporters on this matter to the General Administration of Quality Supervision confirmation of the Information Services Department, where the relevant person in charge said only that "policy-related research, for the time being has not yet been determined to speak with one voice in foreign."
Cut off the last of the "tail"
Zhang Xianfeng-free system that the "final tail", is also faced with the "fate of the ruling," Sept. 25, the General Administration of Quality Supervision Division of Product Quality Supervision, said, "do not rule out the repeal brand management. "But that is still under way," the entry into force. "
Coincidentally, in mid-August and approved by the State Council's "State General Administration of Quality Supervision, Inspection and Quarantine of the main duties of their internal structure and staffing requirements," provides that the General Administration of Quality Supervision no longer apply directly with businesses and the brand-name product selection Activities.
In this regard, Zhang Xianfeng also released a letter to the General Administration of Quality Supervision, the proposed repeal of the management's request, after he once again received a telephone Miss Dong Xing, the General Administration of Quality Supervision, said the person, brand-name products named China, " Sooner or later will be abolished, just a matter of time. "
"It has not yet abolished the brand management programs and determining three things contradictory, it should be repealed." Zhang Xianfeng said.
Bishi, and questioned the Chinese brand-name-free system, there are a number of scholars and policy researchers. In the following years, questioned the Chinese brand-name-free system and the elimination of several waves of a few up.
However, the final push in the field of food-free system, the abolition of the Sanlu milk powder incident, three years after
The first is an intermediary body between the selection of honor can have direct access to administrative rights.
In the General Administration of Quality Supervision no longer directly named after famous for its functions by the relevant intermediary organization to bear. However, the brand is still operating management of the 24th article stipulates that "Chinese famous brand products in the life, freedom from government departments at all levels of quality supervision and inspection."
As a result, by the intermediary organization selected by the Chinese brand-name products, it was a legitimate check from the government the right to "This is very strange." Zhang said.
Second, in determining three things after the introduction of the program, the AQSIQ did not set out documents from those of the General Administration of Quality Supervision selected by the Chinese name brand products is still in use. The way to the twenty-second article: General Administration of Quality Supervision granted in the name of "Chinese famous brand" title, awarded medals and certificates Chinese brand-name products.
Weigh the interests of the government and enterprises
In fact, the exemption question the system has been going on for several years.
Has been called for the abolition of the exemption system, Zhang Xianfeng, as early as 2004, it raised the question of exemption system. At that time, he addressed the media and the General Administration of Quality Supervision and Quarantine issued an open letter. Subsequently, he received from the General Administration of Quality Supervision claiming to be Miss Dong Xing telephone.
At this is defined as a "private" in telephones, Miss Dong stressed that the two-free treatment is, is a simple recognition, rather than administrative licensing, there is no executive privilege; Second, even if the exemption is, "We are also Richard is not, we always check. "
Zhang persuade her to restore the impact of the media, specifically referred to the Sanlu milk powder case in point.
In 2004, San Lu has been involved in the Fuyang milk powder incident of drug blacklist. However, there was product-free access to and quality of Chinese brand-name products Sanlu title, quickly pull through. April 26, including the General Administration of Quality Supervision, the four jointly issued a document requiring law enforcement agencies around the Sanlu milk powder to allow normal sales.
Miss Dong Xing Zhang said that with local government departments work properly, so that San Lu Group "wronged", to the San Lu has led to great economic losses, "you are now calling for the abolition of exemption system will be exempt to the title of the product Loss of businesses and enterprises will blame you. "
Bishi, and questioned the Chinese brand-name-free system, there are a number of scholars and policy researchers. In the following years, questioned the Chinese brand-name-free system and the elimination of several waves of a few up.
However, the final push in the field of food-free system, the abolition of the Sanlu milk powder incident, after three years to come, so that Zhang was a sigh, "If it is not the case, the abolition of the exemption system may not matter to come so early."
According to his analysis, product-free products has brought the regulatory vacuum. AQSIQ mainly related to the supervision and inspection of a production, "However, they set themselves, abandoned their duties under the law."
In the above mentioned product-free approach, system-free introduction of one of the purposes is to alleviate the burden on enterprises. Does not indicate a source of the statistics, 1489-free access to qualified enterprises, 100,000,000 yuan every year to save the cost of testing, this calculation, each business can save an average of nearly 70,000 yuan.
"How much does it cost-free to save, we did not make their own statistics. Enterprises, but, save a few million of the cost of testing, need not concern the content." Related to a food processing business with the person in charge told reporters that "we The multi-product-free as an advertising effect. "
Wang Yukai in it, "the government and the market should be divided border, the Government has done is to determine a bottom line. For example, to determine the quality of the product is not up to standard qualified, should not make a good or bad quality certification, product quality Rely on the market to determine. "
Small data
Origin-free system
Product-free system began in the 1990s. At that time, a number of local technical supervision departments of the local inspection for several consecutive years of qualified products in a certain period of time from supervision and inspection.
In 1999, the exemption system throughout the country to start. December that year, the State Council issued the "Regulations on the quality of products to further strengthen the work of a number of decisions" (hereinafter referred to the decision), in line with the provisions of the conditions of the product, "can be defined as product-free."
In March 2000, the former State Quality and Technical Supervision issued "product quality supervision and inspection from management" and its "implementation details" provides exemption given special rights to the product --- "in the period to which the exemption, as well as government departments at all levels Circulation in the area are not allowed to carry out quality supervision and inspection. "
In the same year, the first-free list of products released.
In December 2001, AQSIQ issued a new "products from quality supervision and inspection management", a growing list of product-free expansion.
Bishi, and questioned the Chinese brand-name-free system, there are a number of scholars and policy researchers. In the following years, questioned the Chinese brand-name-free system and the elimination of several waves of a few up.
However, the final push in the field of food-free system, the abolition of the Sanlu milk powder incident, three years after
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