"If you don't accept it, you will detain me for 15 days if you post a few complaints in the WeChat group?"
Uncle Xiao is an old man in his seventies who lives in a small village in Zhongshan City, Guangdong. Although he is very old, he is still physically strong and mentally very good.
He is a fashionable old man who kept up with the trend of smartphones, learned to operate and mastered it very skillfully. The village where Uncle Xiao lived gradually became prosperous with the development of the city, and the construction of the city continued to expand to the village.
In order to facilitate the handling of house demolition, land acquisition and other affairs, the village and the town set up a WeChat group for the villagers to join, and Uncle Xiao also joined the group.
One morning, Uncle Xiao and a few of his old friends were chatting in WeChat, they were chatting about the weather and family affairs, and slowly the topic was biased and talked about the financial problems of the village and town.
Uncle Xiao believes that these finances are not open and transparent enough, and at the same time, he also has many doubts about the issuance of demolition compensation. So he posted a few complaints in the group, and even said that he would report to the top if the problem could not be solved!
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However, the next day, people from the police station came to visit Uncle Xiao, took Uncle Xiao to the police station, and asked for relevant records. Uncle Xiao was accompanied by some of his old friends and other people chatting in the group. Let them be witnesses and take notes.
After three days of investigation, the relevant personnel believed that the remarks posted by Uncle Xiao in the WeChat group were false information.
According to the relevant provisions of the Public Security Administration Punishment Law of the People's Republic of China, this kind of behavior has gone beyond the scope of citizens' freedom of speech, and Uncle Xiao's behavior is considered by them to be an illegal act of picking quarrels and provoking trouble!
Therefore, the public security organs made a decision to punish Uncle Xiao with 15 days of administrative detention.
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Uncle Xiao was stunned after getting this result, he didn't understand, so I just chatted with my friends for a while? Why did I break the law? Regarding this matter, Uncle Xiao said that he would forget it after sending it.
He felt that such an administrative penalty was outrageous, so he refused to sign any return leaflets and certificates delivered.
In the face of Uncle Xiao's attitude of resistance. In order to prove that they performed the service procedures in accordance with the regulations, the police decided to read out the administrative punishment decision to Uncle Xiao in person, and then make an audio and video recording. And on the explanatory document, it is noted that he refused to visa, refused to recognize, etc.
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However, in the process of audio and video recording, technical problems occurred, resulting in the audio and video content not being clearly displayed and the complete delivery process could not be proved. This mistake laid the groundwork for losing the lawsuit and gave Uncle Xiao a chance for subsequent disputes.
In the end, Uncle Xiao was sent to the detention center and detained for fifteen days. When Uncle Xiao walked out of the detention center, he was seriously dissatisfied with this kind of punishment for this kind of behavior! So he began to prepare relevant evidence materials and prepare for a lawsuit with the public security organs.
So after everything was ready, Uncle Xiao filed an administrative reconsideration with the relevant agencies. And listed the relevant evidence, stated their own situation and opinions, and hoped to get a satisfactory result.
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After two months of waiting, the results of the administrative reconsideration have finally come down. After the trial, the court found that the punishment imposed by the public security organ was factually wrong, improper application of law, and procedural violations, so the court ruled to revoke the punishment.
In this case, Uncle Xiao was detained for 15 days because of the mistakes of the public security organs, so according to the law, he is entitled to compensation from the state.
So Uncle Xiao filed a public prosecution against the public security organs, and finally the court ruled that the relevant departments needed to take responsibility for their mistakes, so they needed to compensate Uncle Xiao 4,700 yuan for various expenses.
[Explain the law by case]
In this case, several legal issues were involved, the most important of which was whether Uncle Xiao's remarks constituted an act of picking quarrels and provoking trouble.
According to the provisions of mainland law on picking quarrels and provoking troubles, picking quarrels and provoking troubles refers to acts that disrupt public order, such as fighting in public places and intercepting others without reason to cause trouble. And with serious consequences.
In this case, Uncle Xiao expressed his dissatisfaction with the non-transparency of the finances of village and township enterprises and the payment of expropriation compensation in a WeChat group, and his remarks were emotional, but did not directly lead to the destruction of public order or other serious consequences.
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Uncle Xiao's remarks can be seen as an expression of his exercise of the right to criticize and suggest as citizens, rather than an obvious act of picking quarrels and provoking trouble. In addition, there is no evidence that Uncle Xiao's remarks triggered substantial conflicts or riots.
Therefore, from a legal point of view, the remarks posted by Uncle Xiao in the group this time should not be characterized as picking quarrels and provoking trouble, because there is no relevant management punishment.
When the public security organs made the decision to place Uncle Xiao under administrative detention for 15 days, there were certain errors in the determination of facts and the application of relevant laws. As a result, the decision of the police was revoked after a court review.
In addition to this, there was also the issue of procedural irregularities in the present case.
According to the Administrative Punishment Law and relevant legal provisions, before an administrative organ makes an administrative penalty, the person being punished must be informed of the factual reasons for the punishment and the relevant legal basis. In addition, it is necessary to listen to the statements of the penalized person to avoid the occurrence of special circumstances.
In this case, the public security organ only informed Uncle Xiao to make a record after reading out the administrative punishment decision. This is a violation of legal procedure. Therefore, the administrative penalty decision has also lost its reasonableness.
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Based on the above analysis, the court finally revoked the administrative punishment imposed on Uncle Xiao by the public security organ in accordance with the law, which is in line with the law and reflects the maintenance of the principle of the rule of law.
When dealing with such cases, the police and relevant law enforcement agencies must also ensure freedom of expression and respect for citizens' rights, while respecting legal procedures and ensuring the legality and reasonableness of administrative penalties.
According to the provisions of the mainland legal system, administrative penalties must meet certain conditions and corresponding procedures.
If there is a factual error in the administrative punishment decision, the application of law is improper, or the punishment procedure is illegal. The penalized person has the right to file a lawsuit with the court. Request for review and revocation.
First, the accuracy of the determination of facts is the basis of the administrative penalty decision. Before making a penalty decision, administrative organs and relevant units must conduct a full investigation and collect evidence to ensure that the facts on which they are based are true and reliable.
If there is an error in the facts on which the administrative punishment decision is based, that is, the determination of facts is wrong, it will seriously affect the protection of the rights and interests of the penalized person.
Second, the correctness of the application of law is the key to the administrative penalty decision. When administrative organs carry out administrative punishments, they must accurately characterize the illegal conduct in accordance with relevant laws and regulations, and determine the corresponding punishment measures and ranges in accordance with law.
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If there is an error in the application of the law by the administrative organ, i.e., the application of the law is improper, it will lead to the improper punishment of the penalized person or the failure to give due sanctions.
[Project Analysis]
In this case, the public security organs made factual errors, improper application of law, and procedural violations when making the administrative detention decision against Uncle Xiao.
After trial, the court revoked the administrative penalty decision in accordance with the law and ruled that the public security organ should compensate Uncle Xiao for economic losses.
Such a judgment will help correct the abuse of power and illegal exercise of power by administrative organs, and enhance the legitimacy and credibility of administrative law enforcement. At the same time, for the penalized person, the court's judgment restores his legitimate rights and interests and allows him to be treated fairly.
In addition, the court's rulings also play the function of judicial review, by reviewing and supervising the legality of the actions of the administrative organs, to ensure that the administrative organs act in accordance with the law in the performance of their duties, and do not abuse their power or operate in violation of the law.
This has laid an important foundation for maintaining social order and protecting citizens' rights and interests.
In the end, the force of the law enabled the public security organs to revoke the improper administrative punishment decision, the legitimate rights and interests of the punished person were protected, and the administrative organ was warned to act in accordance with the law.
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Such cases are not only exemplary examples of the operation of the rule of law system, but also convey to society the important values of legal equality, justice and the protection of human rights.
This case is not only a protection of individual rights and interests, but also a manifestation of the spirit of the rule of law. It emphasizes the role of law in regulating and restraining administrative organs, ensures the fairness and legitimacy of administrative law enforcement, and safeguards the rights and interests of the people and the fairness and justice of society.
In the future social development, the popularization and promotion of the concept of the rule of law will become even more important. Everyone should be aware of their own rights and interests and the protection of the law, and at the same time, they should also actively participate in the construction of the rule of law and jointly safeguard the legal order, fairness and justice of society.
The victory of this case not only gave Uncle Xiao fair treatment, but also set an example of legal dignity and fairness and justice for the whole society.
We believe that under the guidance of the rule of law, our society will become fairer, more just and more orderly, and everyone will be able to enjoy the protection and security brought by the law.
Let us work together to promote the construction of the rule of law, let the sunshine of the law shine in every corner, and let fairness and justice become our common belief and pursuit. Only in this way can we build a more harmonious, stable and rule-of-law society.