Lawyer Lin Zhiming was invited to participate in the Legislative Hearing of the Guangzhou Municipality on the Promotion of Civilized Behavior and was interviewed by the reporter.
On the morning of July 10, 2019, Mr. Lin Zhiming, the director of the Management Committee of Guangdong Yunde Law Firm, at the invitation of the Guangzhou Spiritual Civilization Construction Committee, attended the legislative hearing on the “Civilized Civilization Promotion Regulations (Draft)” in Guangzhou Building. The legitimacy, rationality and feasibility of the “Regulations (Draft)” are elaborated from the professional perspective of the law.
The hearing confirmed 15 representatives, including NPC deputies, CPPCC members, expert representatives, citizen representatives, group organizations, etc., through media network public collection and special invitations, which have certain broadness and representativeness. The amendments proposed by various parties from different angles will also be summarized and used as reference materials in the legislative process.
“Regulations (Draft)” is formulated by Guangzhou Municipality in order to promote civilized behavior, cultivate and practice socialist core values, improve social civilization, and formulate according to relevant laws and regulations, combined with Chinese excellent traditional culture and actual conditions in Guangzhou. The society solicited comments and revised it, which is currently the fourth draft.
The hearing was discussed around two topics:
1. Article 33 of the “Regulations (Draft)” stipulates whether it is legal and reasonable to expose uncivilized acts with serious circumstances and bad influences according to law.
In this regard, Lawyer Lin Zhiming believes that the “Regulations (Draft)” emphasizes the exposure of “behavior” rather than human beings, so the way, scope and conditions of exposure should be further clarified. Under the premise that there is no violation of the personal privacy of the person being exposed or the disclosure of personal information, the exposure can be made, but the object of exposure should be the uncivilized behavior itself, not the person who has uncivilized behavior! Otherwise, it may infringe on the legal rights of the person being exposed.
Weightlifting can be light and basic. It is the basic logic and principle to be followed in the legislative process. In criminal proceedings, it is necessary to protect the legal rights and interests of suspects , victims, witnesses, etc., including the right to privacy, not to mention the individuals or units that have uncivilized behavior.
Second, are these seven items of uncivilized behavior that Guangzhou urgently needs to focus on?
- Rushing garbage, spitting in public places;
- Driving a motorized vehicle does not allow pedestrians to arbitrarily intervene and change lanes and illegal parking;
- Pedestrians and electric bicycles do not pass through the intersection or cross the road;
- Carrying dogs in strict management areas does not use dogs to lead dogs, and does not immediately clean up dog droppings;
- Feel free to post and spray small ads;
- In the public areas of residential areas, green spaces and other public areas;
- Manufacturing life noise interferes with the normal life of others.
Lawyer Lin Zhiming pointed out that illegal parking, littering, spitting, random posting of small advertisements, and noise of life have been regulated by some laws and regulations. The act itself may have constituted an illegal act, and this regulation may already constitute The illegal behavior is defined as uncivilized behavior. In the process of law enforcement, it should be based on the “Regulations” or other laws and regulations. If the specific punishments stipulated in the Regulations overlap or conflict with other laws and regulations, it should be further processed. Consider the issue.
It is recommended that the hearing be further clarified against existing laws and regulations to avoid legal conflicts.
After the hearing, lawyer Lin Zhiming said in an interview that the formulation of the “Regulations on the Promotion of Civilized Behaviors in Guangzhou” will fill the gaps in the local legislation that comprehensively and systematically regulate the behavior of civilized behaviors in the city, and strengthen the implementation of the promotion of civilized behaviors. Strengthening the authority and improving the credibility will definitely have a positive and far-reaching impact on the city’s cultivation and practice of socialist core values, guiding the promotion of civilized behavior, enhancing the level of social civilization, and promoting social harmony and progress.
“Although we proposed amendments this time, we are hoping that it will be more perfect.” Lin Zhiming believes that the “Regulations” itself have many highlights:
- The first is to clarify the basic principles and supervisory units of civilized promotion work. It is clear that the promotion of civilization must be under the unified leadership of party committees at all levels, and should follow the basic principles of combining norms and guidance, combining government-led and social participation, and rewarding and punishing, building, co-governing and sharing. At the same time, it is clear that the city and district spiritual civilization construction guidance institutions and work agencies are responsible for overall planning, as well as the specific responsibility for planning, guiding, coordinating and supervising the promotion of civilized behavior within their respective administrative regions.
- The second is to establish a system of key governance lists for uncivilized behavior. Seven uncivilized behaviors were included in the list of key governance, and a flexible model in which the list of key governance can be adjusted according to actual conditions was adopted. The city’s spiritual civilization construction agencies should regularly adjust the contents of the key governance list according to the assessment results and make them available to the public.
- The third is to establish a system of civilized behavior record platforms. The units and individuals who have obtained the titles of civilized units, civilized citizens, and good people in Guangzhou are recorded by the civilized behaviors commended by the people’s governments at or above the district level. At the same time, the uncivilized behaviors with serious plots and bad influences are also recorded. It can be exposed according to law, and if necessary, it can be notified to the unit where the actor is located or the competent department at a higher level. The Municipal Spiritual Civilization Construction Work Agency will work with relevant departments to further formulate the Civilization Behavior Recording Measures to improve the civilized behavior record system.