When the two legal experts from Jiangcheng University saw Li Changmin, they were a little surprised: How can he be a handsome boy, is he a lawyer? Do you have legal experience?

Of course, Lee Changmin also sensed the doubts of the two, he remained quiet, greeted the two very humbly, and sat down steadily. Pen % fun % Pavilion www.biquge.info

After reading the text, the two pointed to each other the relevant paragraphs and sentences, and discussed them in a low voice, and then one of them said: "As we expected, there are two main problems now, one is the legal problem, and the other is the procedural problem. ”

Another continued: "On the issue of law, we have studied it, and at present the formal law on administrative accountability in our country is not perfect, and the only formal law that we can refer to and refer to now is the Civil Servants Law. In addition, there are policies and regulations such as the "Regulations on Intra-Party Supervision" and the "Responsibility System for the Construction of Party Style and Clean Government", which are also regarded as formal sources of law in China. ”

Speaking of this, the two raised their eyes and looked at Li Changmin, Gu Zun, and also at Mu Tianyu and Jin Chen, and the two of them were worried that if they were too professional in French, they would feel jerky.

Li Changmin raised his hand to speak, and when he saw the two experts pausing and waiting, he continued: "Although the two normative documents mentioned by the professor just now have a certain binding force, they cannot be applied to the proposal of the Jiangqiao District People's Congress. ”

Mu Tianyu also spoke: "On procedural issues, I understand that the "Supervision Law of the Standing Committee of the People's Congress at All Levels" has provisions on the content and mechanism of administrative accountability, and after the Standing Committee of the District People's Congress accepted the proposal for the accountability of the people's congress deputies, it immediately set up an investigation committee, which is in line with the provisions of Articles 39, 40 and 41 of Chapter VII of the "Supervision Law". ”

Speaking of this, Mu Tianyu paused, and he saw that the two legal experts were nodding frequently, before continuing: "Actually, as the two professors said, I think the Jiangqiao District People's Congress also feels the same difficulty in the procedural issue of the accountability proposal. Therefore, the provisions of Chapter 6 of the "Supervision Law" can only be applied, and the first question is sent to us, which can be regarded as a disguised 'summons'. ”

Jin Chen also said: "The metaphor of the Mu team is very apt, since we have been summoned to explain the problem, we will apply for a direct hearing, and make the questioning and defense transparent and open, so as to set the record straight." ”

"Yes," one of the experts immediately replied, "what a terrible thing to be born after!" I didn't expect you all to have professional legal standards. ”

Another expert continued: "To tell you the truth, before we came, we convened a meeting of experts not only jurists, but also administrative scientists and sociologists. The reason why the procedural issue is said to be a key issue is that if the accountability bill is handled in accordance with the "Supervision Law", after the questioning, it will be based on the report of the investigation committee of the district people's congress and enter the accountability enforcement link. ”

The expert who praised everyone just now also became serious at this time, and said: "That is to say, after the start of the accountability process, the procedures to be entered have become: the implementation of interrogation, investigation, hearing of reports, recall, dismissal, revocation and other accountability links. ”

"That is to say," Gu Zun said: "In the investigation of the District People's Congress, the possibility of the public security and fire protection defense as the basis for judgment will be very small, and they will collect evidence from experts and scholars who have influence in the society, so that many experts and scholars in the Jiangqiao Science and Technology Building will provide testimony that is unfavorable to all of us." ”

"If the accountability is really established," Jin Chen quickly interjected: "If you want to be responsible, it should also be borne by our public security fire department, because at present, the Jiangcheng fire brigade is known as the Jiangcheng public security fire brigade, and the fire protection work in Jiangqiao District is of course completely subordinate to the municipal public security fire department, and the specific responsibility should be our fire department." ”

At this time, Officer Xia, who was sitting next to him, pulled the hem of Jin Chen's clothes with his hand, meaning that he should not always take responsibility for it. Jin Chen knew what Officer Xia meant, and was a little disgusted, so he knocked off Officer Xia's hand with his hand, and continued:

"Since it is administrative accountability, it is not the business of the troops, the troops are soldiers who rush to the front line of emergency rescue and firefighting, and if we can't give them a stable rear, it will definitely not be justified."

"There is no need to fight for the gold department," Mu Tianyu took over and said: "It was indeed the fire brigade that gave the order on the fire ground, but under the circumstances at that time, there was nothing wrong with the order, and the final execution of the order was also randomized, and it did not bring great harm because of the order given." That's the key! We must have a basis with the law, and we must not follow the crowd and spread false rumors. can't end up with a 'dumb person eating yellow lotus', don't mention one person to carry it in the gold department! Otherwise, the issue of the detachment commander and commissar remained unresolved. ”

"So," the older expert continued, "the application for a hearing has become an important juncture to ensure the fairness of the procedure and the fairness of the entity." We believe that, first and foremost, it is necessary to facilitate the convening of a hearing. ”

He especially put the emphasis on the word "facilitate" and emphasized it again before continuing: "Then, it is necessary to resolve the procedural issues at the hearing, first, to reverse the direction of public opinion, second, to issue a very convincing defense, and third, to refute the other party's questioning. ”

At this time, everyone really understood the professionalism and rigor of the experts, and only then did they understand the importance of understanding and using the law in a legal society.

In order to evade responsibility, the responsible persons of several administrative institutions of the Jiangqiao Science and Technology Building have formed an offensive and defensive alliance and used various connections, and they have to put forward administrative accountability to the fire department on behalf of the building's customers in the name of the district people's congress deputies.

Their aim is to make the fire department's investigation of the cause of the fire ineffective, so that the investigation committee of the National People's Congress will no longer accept the opinion of the fire department, but adopt the opinion put forward by the experts to which the building belongs, so as to achieve the result of "stealing beams and replacing pillars".

However, they did not expect that their carefully planned proposal would be easily cracked by a UN RFP observer from South Korea.

The mystery of this is actually very easy for legal professionals to understand.

South Korea, like China, is a civil law country, but its legal system is heavily influenced by the common law system. As a result, Korean legal professionals can easily apply the well-established Administrative Procedure Law to enforce their operations, just as Hong Kong legal professionals are also familiar with administrative accountability mechanisms.

Although administrative accountability hearings are a new thing in China, and there is no relevant and complete operational written law, this new thing does not contradict China's current laws and regulations in the slightest. On the contrary, although the original intention of the Jiangqiao District People's Congress was not to contribute to the building of China's legal system, it actually promoted the development of China's legal system.

(Researching legal issues, coupled with the recent busy work, the next chapter will definitely be filled!) This is the third update of the day. Thank you, please subscribe, recommend, collect, and vote for more monthly passes! ）