论文部分内容阅读
随着县委书记、县长等人的下台,公众瞩目的湖南嘉禾县强制拆迁事件几近尘埃落定。回顾个中细节,很多事情值得玩味。 拆迁户李会明夫妇等三人曾因阻止政府的违法拆迁而被扣上“妨害公务罪”逮捕,现在,他们虽然已被释放并获得了国家赔偿,但是,检讨司法实践中常常发生的“妨害公务罪”,有助于人们正确理解法律,防止类似嘉禾那种侵犯人权事件的再次发生。 新华社的报道说,在谈及释放李会明夫妇等三人一事时,嘉禾县公安局政委王永平曾称,放人是因为“商贸城拆迁的大前提错了”。在我看来,这句话点出了“妨害公务罪”被谬用的根本原因。 在逮捕之前,一方面,商贸城拆迁机构的错误拆迁行为被定性为公务行为,并且这种行为直接侵犯了公民的私有财产权;另一方面,为了维护自己的合法私有财产权利,李会明等人用适当的强力阻止侵权者的错误行为。但最终,维护合法权益的行为因为“妨害公务”而被定性为非法。
With the step-down of the county party committee secretary and county magistrate, the mandatory demolition in Jiahe County, Hunan Province, which attracted public attention, came to a close. Review the details, a lot of things worth pondering. Three people, including Li Hui-ming and his relocatee, had been arrested for “obstruction of public servants” for preventing illegal demolition of the government. Although they have now been released and state compensation has been obtained, the review of “obstruction of official duties” Sin “helps people understand the law correctly and prevent the recurrence of such human rights abuses as Golden Harvest. Xinhua News Agency reported that Wang Li-ping, political commissar of Jiahe County Public Security Bureau, once said that the release was because ”the premise of the demolition of the commercial city was wrong“ when it comes to the release of Li Huiming and his wife and three others. In my opinion, this sentence points out the fundamental reason why ”crime of obstruction of official duties“ has been abused. Before the arrest, on the one hand, the wrong demolition behavior of the commercial city demolition agencies was characterized as official behavior, and such acts directly infringed upon citizens’ private property rights; on the other hand, in order to safeguard their own legitimate private property rights, Li Huiming and others used Appropriately powerful to stop the infringer’s wrongdoing. In the end, however, the safeguarding of legitimate rights and interests was characterized as illegal because of ”obstruction of official duties".