Recently, a company in Jiangsu issued a public solicitation of "1 million reward announcements" for "abuse of power, favoritism, malpractice and other illegal and criminal clues" issued by a company in Jiangsu to openly solicit clues from Chen Mou (the original name of the announcement) of a certain brigade of the Market Supervision and Administration Bureau of Changle District, Fuzhou, which was reported by many **, and attracted a lot of heated discussions among those who are in favor, worried and even opposed.
The latest news is that "China News Weekly" reported that on January 29, the staff of the Propaganda Department of the Commission for Discipline Inspection and Supervision of Changle District, Fuzhou, said, "This matter has been handed over to the functional departments to deal with, and the others have been handled according to the procedures." ”。Dahe Daily" reported that the staff of the company who issued the "announcement" said that the company had received the report clues, and they would sort out and submit them to the law enforcement department, and after verifying the facts, they would give 1 million yuan as promised.
* It was also reported that the official account of the bounty company had previously released a number of reports about Chen's reporting materials and applications for recusal, such as "Real-name report: Captain Chen of the Fuzhou Changle Municipal Supervision Bureau'Five deadly sins'and other articles. It should be that after not getting a response, there was a "1 million bounty announcement" that broke the boat. Judging from the content of the announcement, the root cause of the nominal report of a public official is that the public official handled a patent infringement dispute between the bounty company and another company and a complaint about unqualified product quality, and suspected that the public official had misconduct during this period, and wanted to "win" and "overthrow" the public official in one fell swoop through the "bounty announcement". Come and don't be rude. On the afternoon of the second day after the "1 million bounty announcement" came out, the other company also released the article "You have too little bounty", saying that the bounty amount should be increased from 1 million to 100 million. The implication is that if the patent infringement and counterfeiting are verified, the bounty company needs to compensate and punish more than 30 million yuan, and even "no less than 10 people will be imprisoned", so there is a "bounty announcement" of "falsely accusing" Chen.
In addition, the other company also issued a "lawyer's letter" stating that "regarding the '1 million reward announcement' published by your company on the company's Weibo on January 27, 2024, it has further violated relevant laws and is suspected of constituting a number of new 'crimes'." "In order to safeguard the company's intellectual property rights and other legitimate rights and interests, we will continue to collect evidence of the company's suspected violations of the law, and report and prosecute to the relevant judicial authorities.
It is worth noting that although the "lawyer's letter" lists the accusations of "picking quarrels and provoking troubles" and "obstructing official duties", "there is no information about the law firm and the lawyer from beginning to end, and the final payment is stamped with the company's official seal." Is this still a lawyer's letter?
Common sense is that whether it is the handling of the case involving the two companies, or the issuance of the "reward announcement" and "lawyer's letter", how can there be no legal personnel to participate in the guidance? So far, the companies involved on both sides have not signed the legal figures behind them, which shows that lawyers and law firms do not want to directly wade into this "troubled water" where there is no room for turning back. As for the reason, **
Recently, the "reward announcement" seems to have become a hot word on the Internet, first after a lawyer discovered that the legal aid lawyer appointed by the judicial organ was "occupying the pit" defender's position, he directly came to a million reward to collect clues on the illegal and criminal activities of the "occupying the pit" lawyer, although he later "urgently stopped", but then another lawyer publicly solicited clues on the illegal and criminal activities of the leaders of several management departments.
To be honest, anyone with a little legal knowledge and correct understanding should know that such a "reward announcement" soliciting "clues about illegal crimes" from someone or a certain unit is illegal, and it is extremely risky! It violates the basic spirit of the law and the law that no one shall be recognized as a lawbreaker or offender without being recognized by the judicial organs. How can you only rely on your own feelings and evaluations to make implicit public reports and "solicitations" from others as "illegal and criminal personnel" with a huge bonus in the name of "suspected"? What is the difference between this and "big-character posters"?
However, who did you learn from such a practice of "openly soliciting clues on violations and crimes"? Open all kinds of ** to see, do public security organs around the country issue such "notices" from time to time? Among them, common words such as "Recently, the public security organs successfully smashed a gang involved in violent crimes and arrested a number of criminal suspects such as XX." In order to thoroughly investigate the facts of the violations and crimes of XX and others, we are now soliciting clues on the violations and crimes of XX and others from all walks of life and the broad masses of the people", and then do not forget to attach ** and identity information.
Just as Zhu Zhengfu, a member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC) and vice president of the All China Lawyers Association, said in an interview with China News Weekly, the notice of the local public security to publicly solicit clues about criminal suspects through the Internet and other media not only lacks legal basis, but is also suspected of presumption of guilt and infringement of the suspect's personality rights and reputation rights.
What if the suspect did not commit a crime, the investigating agency is not the judicial authority, and the investigative agency considers guilty does not mean that the judicial organ will find guilty. Those suspects who are widely publicized as criminals before the court finds them guilty will suffer irreparable damage to their rights to personality and reputation. This kind of collection of criminal clues is different from the public pursuit of fugitives in the investigation stage, "public pursuit of fugitives, only treating the fugitive as a criminal suspect, without saying that it must be a criminal." The open call was used'Crime clues'These 4 words mean that the suspect has been regarded as a criminal in the investigation stage. "Rewarding others for clues about violations and crimes is tantamount to implying to the public that the person has illegal acts, which will inevitably have a negative impact on the lives and work of others, and then have a wide range of social impacts.
No matter how much evidence the person offering the reward feels is sufficient, it is not subject to effective legal determination procedures, even if it is an indictment of a crime charged by an administrative law enforcement organ or a procuratorial organ, or a judgment pronounced by the court of first instance, it must be marked with the words reconsideration, trial, appeal and other remedies and objections. How can the publisher of the "reward announcement" determine that others have committed illegal and criminal acts, and then solicit clues?
This may be the reason why the above-mentioned "1 million reward announcement" and reverse "lawyer's letter" are not supported by the lawyers of the law firm directly signed by the legal force behind them? However, the "reward announcement" that everyone knows is illegal, but few are held accountable, and few law enforcement and judicial organs determine the illegality and the judgment is responsible.
Why is that? Is it that some law enforcement and judicial organs themselves are publishing "soliciting clues on violations and crimes", and how can others be held legally responsible for issuing such "reward announcements"? You can send it yourself, but others can't send it, which not only doesn't make sense in theory, but also doesn't conform to the principle of "everyone is equal before the law" in law? From this aspect, we can understand why to build a society under the rule of law, we must first build the rule of law.
In any case, Yan Yujun believes that no matter what the name of repayment is gratuitous, such a public "collection of clues about violations and crimes" is illegal, and it is also easy to create social chaos that endangers people. Because, according to this momentum, people will be openly solicited for clues about violations and crimes at every turn, who will dare to handle cases in the future, or offend people? Many legal people have already called this kind of "solicitation announcement" "cyberbullying"!
Note: This article is an original article of "Tobacco Grammar".