On the occasion of the National People's Congress and the National People's Congress in 2024, Li Dongsheng, a deputy to the National People's Congress and founder and chairman of TCL, put forward important suggestions on the identification of legitimate defense. In the face of the obstacles and rigidity in China's justifiable defense system, Li Dongsheng firmly advocated reducing the obstacles to the application of law to ensure that citizens' right to justifiable defense is fully guaranteed, and put forward a series of pragmatic measures.
It is recommended that the determination of justifiable defense be relaxed
Li Dongsheng said that China's legitimate defense system and regulations have tended to be perfected, but in practice there are still many concerns about the determination of legitimate defense, and the determination of legitimate defense is too rigid and strict, and there are widespread misunderstandings such as the "consequentialism" that death and injury are justified, and the demand of defenders from an absolute rational and hindsight perspective, and there are situations in which the defenders are prosecuted by the law and those who violate the law are protected by law. He believes that the legal provisions of justifiable defense should be truly activated to reduce the obstacles to their application.
In this regard, Li Dongsheng put forward the following suggestions: First, at the legislative level, we should put ourselves in the position of the defender to consider the reasonableness of emotions caused by a dangerous situation, and ensure substantive fairness and justice. Second, at the level of law enforcement, improve the implementation rules for the application of the justifiable defense system, appropriately lower the threshold for some special circumstances, and relax the limits of tolerance under the law. Third, at the level of judicial procedures, we should solidly promote judicial openness in legitimate defense cases and give full play to the role of the judicial responsibility system.
The recently released popular law film "Article 20" has brought the topic of "legitimate defense" back to the public eye. "The law cannot give way to lawlessness, and fairness and justice should go both ways, so that the cost of crime can be higher, and the evil can be punished and the good can be promoted," Li Dongsheng said.
The reimbursement threshold for outpatient primary care has been completely abolished
Li Dongsheng also put forward representative suggestions on primary medical security. He said that with the gradual deepening of medical reform, China has included ordinary outpatient expenses in the scope of medical insurance reimbursement, due to the existence of problems such as the threshold of primary outpatient medical care, resulting in great economic pressure on the people's medical treatment, and it is difficult to implement hierarchical diagnosis and treatment.
Li Dongsheng noticed that at present, Guangdong, Qinghai, Nanjing, Wuhan, Changsha and other places have canceled the outpatient reimbursement line, and realized zero threshold reimbursement of outpatient expenses. Guizhou, Zhejiang, Fujian, Henan and other places have also been exploring the cancellation of outpatient payment lines in primary medical institutions such as township hospitals and community health service centers.
In order to further reduce the burden of medical treatment for the people and improve the medical security system, Li Dongsheng suggested: first, completely cancel the overall reimbursement line for primary medical outpatient clinics such as township hospitals and community health service centers; The second is to build a medical supervision mechanism, strengthen the supervision of medical insurance, and prevent the waste of medical resourcesThe third is to further improve the level of diagnosis and treatment services of grassroots medical institutions such as community health service centers and township health centers.
Li Dongsheng suggested that the adjustment and implementation of the outpatient payment line and related supporting measures in primary medical institutions will not only effectively reduce the economic burden of residents seeking medical treatment, but also improve the enthusiasm of residents to seek medical treatment in primary medical institutions, promote the realization of hierarchical diagnosis and treatment, and gradually alleviate the problems of difficult, expensive and far medical treatment.
Li Dongsheng has served as a deputy to the National People's Congress for 22 consecutive years, after he has put forward relevant suggestions on the governance of online violence for three consecutive years, and the relevant departments have officially issued a draft for comments in June last year, and in recent years, he has continued to speak out for promoting the construction of the rule of law and the reform of medical security. In addition, he has also put forward relevant proposals for the abolition of the restrictions on work-related injury insurance for flexible employees for two consecutive years, which has been piloted in some cities, demonstrating the mission and responsibility of a deputy to the National People's Congress.