ghd planchas Recommended the establishment of Chin
 

Recommended the establishment of China's Administrative Procedure Code, provision of emergency procedures


suggested in our administrative Procedure Code, the establishment of emergency procedures in terms of Mo on the River

China People University Law Hospital, Beijing 100872
Mo in Sichuan, China People's University Law School Professor, Renmin University of China constitutional the rule of law and administrative Research Center Deputy Director, Law Dr. Main research direction is the theory of administrative law and practice the problem.
this paper public emergency perspective of legal construction of the emergency administrative procedures, improving the practical significance to study a number of national administrative procedures,mbt shoes ireland, emergency procedures standardized legislation proposed in the Administrative Procedure Act in China terms of additional emergency procedures specific recommendations.
This article discusses the realistic meaning of consummating emergency administration proceeding from the point of public emergency legal system construction.It also scrutinizes emergency proceeding clause in administration proceeding code of other country.Then it suggests particular advice on setting up emergency proceeding clause in administration proceeding code of our country.
Public Emergency Law / Administrative Procedure Act / Emergency Process Clause of the
public emergency legal system / administration proceeding code / emergency proceeding clause.
CHINESE No.: DF3 Document code: A Article ID :1005-951206-0008-04
a public emergency the rule of law and administrative procedures of emergency in the fight against SARS
public crisis management in government at all levels and executive take a lot of emergency response measures, such as the establishment of prevention and control headquarters, timely publication of the epidemic, treatment and strict isolation point, emergency requisition needed facilities, strengthen market supervision and traffic control, etc., achieved remarkable results; the same time, the process of crisis management in public, there are many lessons warning people: You must comprehensively strengthen China's major emergency response mechanisms, namely the construction of crisis management system . From system construction point of view, a major emergency government response mechanisms, including prevention mechanism, response mechanism, resource allocation mechanism and auto-repair mechanism, involving emergency plans, organization, material security, the legislative , policy ,tory burch outlet, public education and other system elements.
national SARS prevention and control of the government's emergency legislation and practice shows that the lessons learned: a major emergency response mechanism should be efficient and stable operation, to play its due role, we must improve the public emergency the rule of law. . ) Early stages of China's SARS prevention and treatment of poor legal protection of public emergency in various situations showed that: there is no sound public emergency the rule of law there is no effective emergency government, a sound state of public emergency the rule of law is the public emergency system, the most important non-technical support system is one of the public to effectively resolve the crisis is an important safeguard mechanism. In the modern rule of law, to prevent major incidents of the huge impact the entire country full of life and social order out of control, requires the use of executive emergency powers , and implementation of systems supporting emergency legal specifications, to adjust the public in emergency situations, social relations, control and elimination of emergency situations return to normal production and life and law and order and safeguarding the interests of public and [u] citizens the legitimate rights and interests, this is a public emergency the rule of law. This article discussed the legal system of public emergency, is a public emergency caused by how to deal with emergency situations between state power, state power and civil rights between the civil rights of various social relations between legal norms and principles of the sum of its core and backbone is Constitution in the emergency provisions and unified Public Emergency Law or state of emergency. Public Emergency Law is an unconventional state in the country the rule of law are the basis of a national legal system and legal system is an important part of discipline.
and the normal state operation of law mechanisms, the legal system has many characteristics of public emergency. There are five main features:
power priority. This refers to the unconventional state, and legislative, Justice compared to other state power, compared with the statutory rights of citizens, with a priority of executive emergency powers and greater authority, For example, can restrict or suspend some constitutional or statutory rights of citizens to exercise.
handling of emergency. This refers to the state in unconventional, if not for the special case of specific legal provisions, the executive can also be emergency procedures in order to prevent the public interest and civil rights have been even greater losses.
program specificity. This refers to the unconventional state, the exercise of executive emergency powers act to follow some special procedures, such procedures can be through non-emergency decree and the introduction of certain measures, or some of the decrees and measures adopted to set higher threshold matter, or ex post facto review.
society with nature. This refers to the unconventional state, the obligation to cooperate with organizations and individuals the exercise of executive emergency powers, and provide the necessary help.
limited relief. This refers to the unconventional state in the exercise of executive emergency powers law relative to the legitimate rights and interests of the executive caused the damage, if damage is widespread and large, the Government can provide only limited relief, such as the considerable compensation, proper compensation, and so on.
should be noted that the government crisis management in public administration need to use emergency powers to take a series of emergency measures when necessary, break some laws and norms, or even suspend or restrict some of the constitutional rights of citizens, with great priority, urgency, mandatory and authority,p90x workout schedule, and thus arbitrary and abuse with the special conditions and possibilities, and need to be effective supervision and constraints; and emergency special administrative procedures the judicial process, binding procedures such relief program but one of the most effective restraint mechanism, which is the basic requirement of modern law.
Second, foreign legislation, administrative procedures, emergency procedures specification
from the latter half of the 20th century in many countries the legislative practice of administrative procedures for special and emergency needs of administrative law, specifically in the Code of Administrative Procedure terms of number of emergency procedures set up to regulate emergency administrative action, is a relatively common and effective practice. Here in the United States, Spain, Japan, Korea, Portugal and other countries, administrative procedures, legislation, for example slightly inspection.
adverse effects or significant threat in the case, you can also take the measures prohibited. written notice to permit holders,ghd planchas, leading authorities to take the measure of the facts or conduct; and give proof of license holders the opportunity to fully comply with legal requirements, or complete the legal requirements of the opportunity, intentional, or public health, public interest, while the other requirement other than public safety.
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newspaper reported on February 25 Haiyuan County, Ningxia Hui Autonomous Region Ma Zhongqi (his son, Ma Xiaolong microblogging) allegedly because he criticized the county government issued notes have been arrested regarding the relocation. March 14 afternoon, Ma Zhongqi Haiyuan County People's Court case of first instance verdict,
Ma Zhongqi pleaded court ruling and appeal. March 21, Ma Zhongqi defense lawyer Zhou Ze (Zhou Ze microblogging) Haiyuan County People's Court formally submitted the appeal.
defense lawyers said the court applied the legal wrong

can be seen from the verdict, the court found the prosecutor accused the defendant guilty of tax evasion Ma Zhongqi three p>
The first one is: stub difference between the amount of 575,387.08 yuan, to evade tax 160911.86 yuan. Fine Chemical Co., Ltd. in Ningxia and the Great Pagoda of ancient storage companies to buy gasoline, diesel fact that 13 vehicles in its business license Haiyuan County Road Hill stations all sales, sales of 1,173,625.94 yuan, 179,053.19 yuan to avoid paying taxes.

third is: > Zhou Ze that the three
Zhou Ze pointed out that although the verdict in the Court wrote the last part, the evidence is insufficient, the Court found no
It is understood that Ma Zhongqi Hill Road gas station business card did in the 10 November 2004 and May 22, 2009 received two administrative penalties. However, said Zhou Ze, November 10, 2004 due to the fact that illegal penalty administrative penalty in 2004 because of tax evasion, Ma Zhongqi new tax evasion was found in the September 16, 2010 by public security authorities on suspicion of tax evasion prosecution filing within five years before, Ma Zhongqi 2009 for tax evasion only once by the Chief punishment, and the fact that the administrative penalty in 2010 also includes being investigated,mbt lami shoes, Therefore, the defendants in 2010 of tax evasion, the defendant pay the tax paid late fees, received administrative punishment, too, should not be held criminally responsible.
do not meet the criminal law theory and on specific provisions of recidivism.
刑法第二百 zero-one Di Sikuan the provisions on tax evasion: Criminal Law; however, received five years of internal criminal penalties to avoid paying taxes by tax authorities twice or more than administrative punishment.
make a decision on the tax department has been placed on file before the Police Pursuit

In addition, Zhou Ze also raised during the relevant authorities in the investigation and handling of the case there are procedures illegal.
Haiyuan County, according to Audit Bureau of Internal Revenue Service issued a Oct. 11 before making the decision and the administrative penalty decision. Tax administration, according to the decision, Ma Zhongqi gas station should pay the fine within 15 days, against the decision within 60 days can apply for administrative reconsideration within 3 months the people's court.
said Zhou Ze, through administrative appeals and litigation, the tax authorities of tax evasion behavior of Ma Zhongqi nature of the back tax amount and the amount of administrative fines, may be changed. Public security organs may Haiyuan County 16 September 2010 on suspicion of tax evasion was a criminal filing against Ma Zhongqi, and make tax administration in the tax department of the decision and the punishment decision, to carry out the so-called on Ma Zhongqi online pursuit.
In addition, in the first instance decision, the Haiyuan County Haiyuan County People's Court to the IRS issued to the public security organs Haiyuan County tax investigation reports and calculations show that such material as evidence. In this regard, Zhou Ze that the tax authorities are not forensic institutions, the nature of its conclusions issued identification documents can not be used as evidence, but also the lack of legal basis. been arrested
Haiyuan County reporter who repeatedly call the county party secretary Wang Wenyu, Haiyuan County Public Security Bureau deputy director of Borodin toward the phone, but still no answer.
3 8 March, a reporter interviewed on the matter is participating in the Fourth Session of the Eleventh National People's Congress NPC, Zhongwei City Mayor Xu Liqun.
When asked why he considered the time to build Haiyuan District, said Xu Liqun, Haiyuan is not a place fit for human habitation,mbt shoes clearance, which is assessed by the UNEP. This place is very poor living conditions, mainly for two reasons, remote inaccessible areas, restricting the development,mbt shoes, and the other is the very lack of water resources,mbt shoes outlet, water resources per capita is one-tenth the national average. From 1984 to the present, the groundwater level dropped by 22 meters Haiyuan, according to the amount of water now, another 15 years to no water.
Xu Liqun said, since the founding of new China, Haiyuan County has been supported by the center to live, Although Xu Liqun cite many reasons to support the construction of the Haiyuan Area, but according to ; in June 10, 2009 to 15, the old town there are tens of thousands of mass protest against the government move. mass protests forced the old town, is currently suspended Haiyuan county government to move in early 2011 and a compromise made 'a County, two cities, stimulating the development of'。characters to a few people. ,mbt shoes on sale, and the arrest of his reason for this is in accordance with state tax laws, his tax evasion. , the first instance has not been sentenced) he (Ma Zhongqi) refuses to accept the verdict can be appealed, the judicial sources available to him is very clear, the lowest level is the Haiyuan County People's Court, until the Supreme Court. I believe that this system of our country can maintain his absolute rights, as long as he has a grievance, will maintain his citizenship.
Beijing, March 24 Xinhua
(Editor: SN017)