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The author:(作者)qqpublished in(发表于) 2015/6/19 12:26:47 Media： “fishing“ car comparable to torture，
In October 2009, the men found were against the black of the working population, Shanghai urban management "fishing", anger – cut off the little finger to prove innocence after 6 years, "fishing", "black", "conflict", combinations of these three words, in the context of the Internet collective returned to the public eye once again.
In this June, Guangzhou, Hangzhou, Wuhan, a spate of car due to entrapment of containment event: appears out of control in the event of the cities, a large number of passers-by gathered law enforcement car and solidarity, confrontation led to traffic jams, people in physical contact, and finally had to rely on the police to maintain public order.
"Entrapment" in the 6 years ago, it hurts guy men found, in the present, its pernicious effects is much more than fine with the society dearly.
First, the "entrapment" hurting the spirit of the rule of law. From a legal point of view, through unfair means to collect evidence, carry out enforcement actions, serious violations of the principle of administrative legality, nor with the principle of proportionality of administrative enforcement requirements.
According to the 36th article of the administrative punishment law, the executive authorities found that citizens, legal persons or other organizations should be given administrative punishments according to law must be comprehensive, objective and fair investigations and collect evidence. As of October 1, 2002 under the Supreme People's Court on several issues of administrative lawsuit evidence stipulated in the 57th of, serious violations of statutory procedures to collect evidence, and inducement, fraud, coercion, violence or other improper means to obtain materials, it can't be a deciding.
Fishing in the course of law enforcement, law enforcement personnel, whether their posing as passengers, still and pretend to ride the "nursery" collusion monitoring law enforcement, are not impartial investigation and gathering of evidence. Also requires restraint even in criminal cases, the detection means, applied to malignancy of weak people, apparently there is a law enforcement misconduct.
Secondly, fishing law enforcement harmed the credibility of the Government. In the world of men found the case, Pudong new area, Shanghai Chang Jiang beams when admitted at the news briefing, used improper evidence collection means does exist in the event, at the same time, the Pudong new area Government made a public apology to the public.
Since then, exposed fish have been around about the Government reflecting on such means of law enforcement. In 2012, Xian Hu Jia Miao, burst into the local police station, "fishing to catch abusers", hold the private accounts of the police station after dark, penalty 6 people were held accountable. That same year, Shishi city, two law enforcement officers posing passengers "fishing" private car owners would win after law enforcement agency to the Court awarded, all fine.
Illegal means have been qualitative nail reappearance, now around the fishing thing is damage to the credibility of the Government.
Third, the "car" when policy is unclear, blind law enforcement not only lacking the basis, also to the policies and implementing laid mines.
In reality, the "special" first case of disputes are instances of: legislation is not complete, if law enforcement eventually will bring chaos to justice.
In January 2015, with drops of special software in Jinan West station to see Chen, passenger management by Jinan Center law enforcement officials identified as illegal operations, and out of the 20,000 tickets. Chen appealed against the penalty decision, Jinan passenger transportation management center court. In this case, the Jinan passenger transportation management center has qualification of administrative punishment and administrative permissions, its legal use is correct, become the focus of the dispute. Seeing the case close to the line of delimitation of trial law, the Court's answer cannot be given justice.
If your car around frequently to take fishing law enforcement could not only lead to judicial confusion, has been confusing travel policies, is once again the "muddy".
Finally, compared to 6 years ago, fishing, social, mobile Internet penetration has changed dramatically. Back in 2009, iPhone 3GS is the flagship, not to say taxi and step to the last drop, even the app still did not. So, if 2009 fishing enforcement destroy men found community trust and goodwill today destroyed the fishing case is the Internet era and Foundation of the relationship between people.
Fishing, from another point of view, is a form of "P2P". It conforms to the characteristics of point to point, two people to meet, based on both sides on the basis of consensus. Entrapment, built a total of false, even intentional and malicious components, undermining transparency and trust on the Internet Foundation. At this point, it really is beneath contempt.
Finally, the fishing enforcement actions also pose a great risk to social security.
This non-problem, case in Guangzhou, Hangzhou, Wuhan, we can see that the mobile Internet's astonishing aggregate power is raised, black fish is no longer the old stories of individuals completely vulnerable. Car driver once sent a distress signal in the app group, a lot of bikers gathered spontaneously to law enforcement, oversight is likely to cause mass incidents. This mimics the effects of risks, will make significant increases in law enforcement costs around.
From Shanghai, XI ' an entrapment case, we can see in the sky, on the other side, the social costs of the fishing, return is not the public interest, but law enforcement interests – whether it's in order to complete the "targets of law enforcement", is a contented "small coffer" herself, use this easy to alienation of public power.
From this perspective, the "fishing" damage and "torture" did not differ. These so-called need by hook or by crook of the "justice" is a false dichotomy.
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