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The author:(作者)delvpublished in(发表于) 2013/12/30 5:43:53 Hengyang， Hunan Vice Chairman and disrupt the elections case
"Review"
December 28, 2012, convening of the first meeting of the 14th session of the national people's Congress of Hengyang City in Hunan province, a total of 527 municipal people's Congress attended the meeting. In the process of election of the Hunan provincial people's Congress representative, there was a serious means of bribery cases of violating the law and disrupt the elections. A preliminary identification, a total of 56 representatives of the provincial people's Congress elected to send the money to lobby for votes, involving more than 110 million yuan renminbi, 518 in Hengyang City people's Congress and 68 staff accept money or things of the General Assembly.
This comprehensive newspaper and Xinhua News: December 29, learned from the Hunan provincial Commission for discipline inspection, a few days ago, after research of Hunan provincial Commission for discipline inspection and approval of the Hunan Provincial Committee decided to disrupt the elections case in Hengyang investigation; the case of 431 members and State functionaries of party and Government disciplines incorporated; found in a survey of persons suspected of a crime, referred to judicial authorities for review. Learned from the Hunan provincial people's Procuratorate on the same day, Hengyang, Hunan provincial people's Procuratorate, according to the electoral investigation.
Send money to lobby for votes, Hengyang, more than 500 people in connection with the
According to relevant provisions in the electoral law and on behalf of the China, Hunan provincial people's Congress held 12 December 27 session of the Standing Committee of the sixth Conference, decided on during a meeting at the 14 session of the national people's Congress of Hengyang City, was elected by a means of bribery of 56 representatives of the provincial people's Congress confirmed his election invalid and shall be published in accordance with law; 5 not take money to lobby for votes, but serious dereliction of duty of the provincial people's Congress representative, notice to terminate its representation according to the law. About County of Hengyang City (city, district) meeting of the NPC Standing Committee decided to accept 512 accept money or things of Hengyang City people's Congress, and 3 did not receive money but serious dereliction of city's resignation. Another 6 receiving money in Hengyang City people's Congress removed from termination of the administrative regions have been represented.
Hunan Provincial Committee recently reported on the investigation and handling of cases, and stresses that, Hengyang undermine the elections involved more, involving big, serious nature, affecting the poor, is a challenge to China's national people's Congress, is a challenge for Socialist Democratic politics, is a challenge to state laws and party discipline must be Yuki seriously investigated and dealt with according to law.
It is understood, Vice Chairman of the CPPCC Hunan Tong Mingqian (Hengyang municipal party Committee, municipal people's Congress at the General leadership team leader) of dereliction, has a direct leadership responsibility in the present case, the central authorities has decided to waive its leadership positions, is being handled by program, filing and investigation by the Central Commission for discipline inspection.
Merits harsh represent loss of legitimacy
Hengyang undermine the elections is a flagrant challenge to China's national people's Congress, the Member of staff, and involve large sums of money involved are serious cases of violations of law and discipline.
President of Renmin University of China law school, President of the Chinese Association of constitutional law Han Dayuan said in in an interview with this reporter, "the serious dangers in the case". For one thing, undermined the fairness and impartiality of the election, is the harm to the principles of democracy. Because democratic principles requires that the fairness of the elections, requires elected representatives must have the majority support, and bribery lead would have been unable to get a majority of votes were elected. Second, depriving the delegate election of legality and propriety. Deputies are elected on the basis of the free will of the electorate, granted to representatives of public authority from the people, and that a fair election is the Foundation of authority, only just elected representatives have legitimacy and authority, has a broad social base. To means of bribery to obtain credentials, obstruction of electors exercised their right to vote freely so that they violate free will vote, actually leading to elected representatives do not have the popular support to be a mouthpiece for the interests and will of the people, elected lost its legitimacy and the legitimacy of the representatives. Thirdly, the blatant violation of a citizen's right to vote and to stand for election, is the destruction of the Socialist concept of the rule of law. In building the rule of law today, this bad behaviour has undermined the State's authority and tarnish the image of the party and the Government, must be seriously held accountable by law.
A thorough investigation according to the law, demonstrate scraping the bone therapy drug is determined to
News 28th following the publication of Hunan community believes that the serious nature of this case, harsh effects, lesson. Thorough investigation according to law, and make public all the information and explain to the community, fully demonstrated the Party Central Committee's determination to advance democracy and the rule of law and fight against corruption.
"This thing we Hengyang people talk about for a long time, is a fear that the investigation will be anticlimactic. Watching the news, stones fell out of my mind. We believe that both the Central and provincial anti-corruption determination. "73 years old in Hengyang City prosper Lee said.
The night of 28th, organization leaders concentrated in Hengyang City watched Hengyang to investigate and disrupt the elections news coverage of the case. Party Secretary Li Yi told reporters after the Dragons after reading news reports, Hengyang undermine the elections very serious nature of the case, a bad influence, and is defiled and challenges to the national people's Congress, is the direct destruction of Socialist democracy and the electoral system, is a disregard and violation of party discipline and the law of the country. Complete Hengyang to investigate and disrupt the elections, is firmly committed to the Socialist political system, is a solemn safeguarding of party discipline and the law of the country.
Committee party school education in Hengyang City Tang Yuntao said, after watching TV news, case shocked to disrupt the elections case in Hengyang, Central and provincial party punch anti-corruption was extremely thankful. "This case has wide population, harsh nature. Seriously investigate and deal with the case, not only embodies the courage and determination of our party scraping the bone therapy in HIV also reflects our institutional self-confidence. ”
Interview with a reporter on 29th Street in Hengyang, Zhou Qun said that the people of the morning: "I hope responsible for cases to be processed strictly according to law, the disciplinary punishment, the convicted sentenced, cannot have slipped through, and only in this way can we truly put power in the system of cages, put an end to the electoral thing from happening again. ”
【事件回顾】
2012年12月28日至2013年1月3日，湖南省衡阳市召开第十四届人民代表大会第一次会议，共有527名市人大代表出席会议。在差额选举湖南省人大代表的过程中，发生了严重的以贿赂手段破坏选举的违纪违法案件。现初步查明，共有56名当选的省人大代表存在送钱拉票行为，涉案金额人民币1.1亿余元，有518名衡阳市人大代表和68名大会工作人员收受钱物。
本报电 综合本报和新华社消息：12月29日从湖南省纪委获悉，日前，经湖南省纪委研究并报湖南省委批准，决定对衡阳破坏选举案进行立案调查；对涉案的431名党员和国家工作人员进行党纪政纪立案；对在调查中发现涉嫌犯罪的人员，移送司法机关审查。同日从湖南省人民检察院获悉，湖南省人民检察院已依法对衡阳破坏选举案立案调查。
送钱拉票，衡阳500多人涉案
根据我国选举法和代表法的有关规定，湖南省人大常委会12月27日至28日召开十二届人大常委会第六次会议，决定对在衡阳市十四届人大一次会议期间，以贿赂手段当选的56名省人大代表依法确认当选无效并予以公告；对5名未送钱拉票但工作严重失职的省人大代表，依法公告终止其代表资格。衡阳市有关县（市、区）人大常委会会议分别决定，接受512名收受钱物的衡阳市人大代表及3名未收受钱物但工作严重失职的市人大代表辞职。另有6名收受钱物的衡阳市人大代表此前因调离本行政区域已经终止代表资格。
湖南省委近日通报了这起案件的调查处理情况并强调，衡阳破坏选举案涉案人员多，涉案金额大，性质严重，影响恶劣，是对我国人民代表大会制度的挑战，是对社会主义民主政治的挑战，是对国家法律和党的纪律的挑战，必须依法依纪严肃查处。
另据了解，湖南省政协副主席童名谦（时任衡阳市委书记、市人大换届领导小组组长）失职渎职，对本案负有直接领导责任，中央已决定免去其领导职务，现正在按程序办理，由中央纪委立案调查。
案情恶劣，使代表丧失合法性
衡阳破坏选举案是对我国人民代表大会制度的公然挑战，涉案人员多、涉案金额大，是一起严重的违法违纪案件。
中国人民大学法学院院长、中国宪法学研究会会长韩大元在接受本报记者采访时表示，“此案具有严重危害性”。其一，破坏了选举的公平与公正性，是对民主原则的损害。因为民主原则要求选举的公平性，要求选出的代表必须得到多数选民支持，而贿赂行为导致本来无法获得多数票的人当选。其二，使代表当选丧失合法性与正当性。人大代表是以选民的自由意志为基础选举产生的，代表的公权力来自于人民的授予，而公正的选举是权力授予的基础，只有公正选举产生的代表才具有合法性与权威性，才具有广泛的社会基础。以贿赂手段获取代表资格，妨害了选举人自由行使选举权，使他们违背自由意志投票选举，实际上导致选出的代表并不具备民意基础，无法成为人民利益和意志的代言人，使代表的当选丧失了合法性和正当性。其三，粗暴践踏了公民的选举权与被选举权，是对社会主义法治的破坏。在建设法治国家的今天，这种恶劣行为也损害了国家机关的权威性，败坏了党和政府的形象，必须依法严肃追究。
依法彻查，彰显刮骨疗毒决心
消息28日公布后，湖南各界人士认为，这一案件性质严重、影响恶劣、教训深刻。依法彻查，并公开全部信息，向社会做出交代，充分彰显了党中央推进民主法治建设和反腐败斗争的决心。
“这个事我们衡阳老百姓议论了很久，就是担心查处会虎头蛇尾。这次看了新闻，心里的石头落地了。我们相信中央和省里的反腐败决心。”衡阳市73岁老人李繁荣说。
28日晚，衡阳市组织领导干部集中收看了查处衡阳破坏选举案的新闻报道。市委书记李亿龙看完新闻报道后告诉记者，衡阳破坏选举案的性质很严重，影响很恶劣，是对人民代表大会制度的玷污和挑战，是对社会主义民主和选举制度的直接破坏，是对党纪国法的无视和践踏。彻底查处衡阳破坏选举案，是对社会主义根本政治制度的坚定维护，是对党纪国法的庄严捍卫。
衡阳市委党校教育长唐云涛表示，看了电视新闻后，对衡阳破坏选举案的案情感到很震惊，对中央和省委重拳反腐感到很欣慰。“这个案子面广人多，性质恶劣。严肃查处这个案件，既体现了我们党刮骨疗毒的勇气和决心，还体现了我们的制度自信。”
记者29日在衡阳街头采访时，正在晨练的市民周群语说：“希望对案件责任人要严格依法处理，该处分的处分，该判刑的判刑，不能有漏网之鱼，只有这样才能真正把权力关进制度的笼子，杜绝破坏选举的事情再度发生。”
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