Click to follow above to learn more
Any modern society and civilized society should abandon the connection that has no legal basis.
Blame for the crimeIt is one of the most important basic principles of modern civilized society, that is, if a person is held criminally responsible for committing a crime, his family and relatives cannot be implicated without legal basis. There is no reason for the families and relatives of criminals to be deprived of their basic rights such as employment, education, and social security.
[Introduction to Background Events].On December 26, the Legislative Affairs Committee of the Standing Committee of the National People's Congress reported to the seventh meeting of the Standing Committee of the 14th National People's Congress on the filing and review work in 2023. According to the report, some municipal district deliberative and coordinating bodies have issued notices to take punitive measures against key persons involved in certain types of crimes, including restrictions on the rights of spouses, children, parents and other close relatives of key persons involved in crimes in areas such as education, employment, and social security. The report clearly states that this is contrary to the principle of self-responsibility and is not in accordance with the constitutional provisions on the duties and rights of citizens. The Legislative Affairs Commission has urged the repeal of such circulars and supported the nationwide self-examination and self-correction. （**News that has been published on the Internet
1. Historical Evolution:
Consecutive sittingIt began in the Zhou Dynasty period, written in the Warring States period Li Kui's "Book of Law", and finally at the end of the Qing Dynasty, in 1905, the system of joint sitting was officially abolished. It runs through the entire legal history of feudal civilization. Sitting together is a system in which a person commits a crime and a person who has a certain relationship with him is also implicated and is considered guilty. If a person breaks the law, not only will he have to sit on his blood relatives, but he will also not let go of his neighbors. Conspiracy is the collective punishment of persons who are jointly and severally related in a specific community for individual crimes. Its fundamental purpose is to extinguish any major threat to the regime through brutal mass punishment.
Conspiracy of blood and family discrimination has not been thoroughly relegated to history. In the era of class struggle, the punishment of the "land-rich anti-bad-right" elements was in the nature of blood ties and family discrimination. In recent years, many of the policies promulgated by some localities, especially the relevant local departments, involve the residual poison of the "joint sitting system", and when taking punitive measures against certain types of key criminal personnel, they restrict the rights of the spouses, children, parents, and other close relatives of the key criminal personnel in terms of education, employment, social security, and so on.
This kind of strain behaviorViolation of the principled provisions of the Constitution。It is a basic principle of the modern rule of law that the legal responsibility for any illegal or criminal act should be borne by the perpetrator himself, and should not be connected or extended to others.
2. The principle of self-responsibility
1. That is, the principle that the offender himself bears criminal responsibility and does not interfere with others. It is one of the basic principles of China's criminal law. This principle prohibits legal liabilities such as severance and sitting. Whoever commits the crime is punished, i.e., if a person is held criminally responsible for committing a crime, there is no reason to deprive the family and relatives of the offender of their basic constitutional rights.
2. The "Zhulian Policy" in some areas involves employment, education, social security, etc. It is a constitutional right of citizens to guarantee the basic survival of every human being.
3. Self-responsibility is the respect for human rights, and all people are free and free subjects, which is an inevitable requirement of social justice. The one who bears the evil retribution can only be the one who commits the evil deeds, and this is justice. China's criminal law stipulatesThe principle of self-responsibility, yes".No one shall be punished for the wrongful acts of others".Legalization and institutionalization of aphorisms.
3. Constitutional review
1. A system whereby specific state organs examine and deal with the conformity of constitutional acts in accordance with specific procedures and methods. Article 39 of the Organic Law of the National People's Congress of the People's Republic of China (2021 Amendment) stipulates that the Constitution and Law Committee shall be responsible for promoting the implementation of the Constitution, carrying out constitutional interpretation, advancing constitutional review, strengthening constitutional supervision, and cooperating with constitutional publicity. The Constitution and Law Committee uniformly deliberates draft laws and draft decisions on legal issues submitted to the National People's Congress or the Standing Committee of the National People's Congress;Other special committees submit their opinions on the relevant drafts to the Constitutional and Legal Committee.
2. Filing and review is a constitutional supervision system with Chinese characteristics, and an important system to ensure the implementation of the Constitution and laws and maintain the unity of the country's rule of law. The life and authority of the Constitution lies in its implementation, and no measures taken to crack down on violations of the law and crimes may violate the principles and provisions of the Constitution.
The Legislative Affairs Committee of the Standing Committee of the National People's Congress conducts unconstitutional reviews of various local regulations and normative documents: Constitutional review must follow the special procedures prescribed by law, and can only submit a request for unconstitutional review to the National People's Congress, which is within the competence of the National People's Congress, and the court does not enjoy the power of unconstitutional reviewThe purpose of reviewing the constitutionality of specific provisions in various local regulations and normative documents, or even entire laws, is to prevent the application of specific legal provisions or specific laws that violate the principles of the Constitution.
Conclusion:
The life and authority of the Constitution lies in its implementation, and no measures taken to crack down on violations of the law and crimes may violate the principles and provisions of the Constitution.
(Author: Wang Honglawyer [Law as the Sword] Yunnan Hengzhi Law Firm).
History-related articles:
Today's Interpretation: Judicial Determination of the "Principle of Equality of Creditor's Rights".
Today's Interpretation: A Legal Commentary on the Principle of Fair Employment.
Today's interpretation: The principle of the unity of subjectivity and objectivity is the "Archimedes" fulcrum of criminal law