Media speaks Lei Zhengfu because of 12 seconds indelicate video is sentenced 13 years
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Media speaks Lei Zhspring poolengfu because of 12 seconds indelicate video is sentenced 13 years
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Area of Bei of former Chongqing north appoint cwatch caseslerical Lei Zhengfu falls because of indelicate video horse, but not more in case cognizance process involve " power quality trades " problem. (data picture) hair of Xinhua News Agency
In recent years, increase as what combat corrupt strength, officer of a few problems is successive by exposure, be concealed in these official backside " power quality trades " see all media time and again, be called by the public " the gender boodles " " power quality trades " , how to hit, whether also become focal topic subsequently into the blame. However, in the processing to these officials, adjudgement, "Power quality trades " the problem is become hard from beginning to end however conviction the basis of measurement of penalty, pose public doubt.
The current situation
"What personnel of case of functionary crime experience does not have style problem is very few "
"The official is colourful take the door " " Moll anti-corruption " , become in recent years the network heats up a word, officer of the problem in the job defeats in anti-corruption by fish, exposure " power quality trades " increasing also see.
In fact, "Power quality trades " the phenomenon is not just appear in recent years. In growing clear case of last century end early why, of Hu Changqing " big money friend " Zhou Mou admits, he grows clear suggestion according to moustache, special choose belle offers Hu Xiangle. Redound of the influence in growing the best selling north face shirtsclear to use a hand why " big money friend " all sorts of interests.
The reporter understands in interview, have in crime of one part post quite " sexual public relations " the existence of behavior, the start of many cadre corruption is the pornographic service that accepted other to offer, subsequently, or be coerced, or because of encourathe most popular norton internet antivirusge desire and send irremediable.
"In light of the functionary crime case that handles from us, what experience case personnel does not have style problem is very few. " Beijing is filled with Yi Shenghua of head of department of partnerfree watch case of family attorney office, criminal to say.
Procuratorate of Beijing Haidian area has an insatiable desire for Luo Meng of bureau deputy director general instead also calm bear, "Power quality trades " the problem is in a few " curule " in exist really.
However, when corrupt officials accept judgement, "Power quality trades " however often by " oversight " . The lawyer of some problem officer says when accepting media to interview " the case all did not involve feminine issue to judicial cognizance from dossier " ; And Lei Zhengfu is cast went out with indelicate video heroine " Tan Lian loves " view, in trying a process to his, involve without more likewise " power quality trades " problem.
The viewpoint thinks, corrupt official with " style problem " " moral problem " , even with " Tan Lian loves " mask accept " power quality trades " the truth, the men and women concerned to become a corrupt official to escape law to punish severely instead " excuse " , "Power quality trades " those who produce frequency is talbrass faucet aerator l punished to form bright contrast of strength infirmly with law.
Analysis
"The gender boodles " be in hard first into the culprit obtain evidence maintain
Zun Jian of professor of courtyard of law of Beijing Normal University is defended, the expert such as professor of national administration college Home Zhu Li points out, "Power quality trades " reality is endangered and no less than money boodle. Be in early 1996, legal group public figure sugnorton internet antivirusgests " power quality trades " qualitative for " the gender boodles " undertake convictioning hitting, but put all the time open to question. Introduce according to legal group expert, "Power quality trades " still face many sided difficult problem into the blame.
One of difficult problem: Obtain evidence, it is difficult to maintain. Luo Meng introduces, according to criminal law and the provision that judicatory explains, the object of bribery blame is confined to belongings and belongings sex interest. And " power quality trades " measure with property hard, give a pain measurement of penalty brings particular difficult problem.
Yi Shenghua thinks, "Power quality trades " difficulty of technology of the existence that enter a blame. "For instance, in the functionary crime case that accepts sexual service, ' Yue of two affection photograph ' the distinction that trades with the gender, it is freewill still contain purpose sex, on legislation distinguish strictly very hard. In judicatory practice, maintain go up to basically rely on affidavit, and ' the gender boodles ' bribery support of the people takes bribes the affidavit that go up has very big instability. And ' the gender boodles ' bribery support of the people takes bribes the affidavit that go up has very big instability..
Of difficult problem: Distinguish hard the bounds of law and morality. The expert points out, in traditional idea of China, "The men and women concerns " problem more is moral problem, the legal surveyor's staff that consolidates with hard will limit the property of this kind of behavior.
Of difficult problem: Judicatory staff level is uneven. Yi Shenghua thinks, right " quality " the topic has thorough investigation, meeting and traditional morality produce conflict, quite the moral level of test judicatory personnel, and involve the privacy right of party and rights of man.
Propose talk
"The gender boodles " can define for " unfair advantage "
Expert proposal, in " the gender boodles " when legislation is still open to question, can be opposite through other way " power quality trades " behavior undertakes penalizing.
It is the limits of the bribery in adjusting active law. Liu Renwen of director of room of criminal law of place of law of the Chinese Academy of Social Sciences says, although explanation of all previous judicatory is medium, our country had enlarged the limits of the content of bribery mark, brought into into dry, travel of sightseeing going abroad, but still appear in practice " range is too narrow " . Expert proposal, should enlarge the limits of the content of mark of the bribwatch case openerery on traditional sense, be opposite our country criminal law of the mark of bribery with " unfair advantage " will define, in order to cover traditional bribery and immaterial bribery.
2 it is to pass judicatory explanation to make clear " the gender boodles " behavior and standard, legislature should carry judicatory explanation, clear will " the gender boodles " the limits that brings into criminal law compasses to make. Yi Shenghua says: "Below the case that did not enter a blame, in suggesting the judiciary is operated in practice ' the gender boodles ' drink as calm clue, undertake proper from heavy processing. Undertake proper frfree modern dining chairsom heavy processing..
3 it is to strengthen system construction and tie. The expert such as Home Zhu Li thinks, should strengthen the sanction of discipline of party disipline politics, to the problem violating discipline that national staff member appears, answer to violate the range of age act clearly, severe penalize, with earnest discipline, put an end to break the law phenomenon. According to report of Xinhua News Agency
(Capital times)
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