Where is the "temperature" of law enforcement?Hanan farmers burning weeds fined 500 yuan to spark controversy

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Editorial: The Wind of the Wind

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Hanoi, a 53-year-old farmer who suffered from cervical cancer for five years, burned about 1 square meter of weeds on her own farmland, and the law enforcement team came to the door to demand a fine of 500 yuan.

On September 18, the Joint Investigation Team of the Fixture County notified that "no fine decision was made on the villager", and family members said that it was "clearly required to pay a fine of 500 yuan". on the other hand, "no penalty", on the other hand, "to be punished", in the middle, is a dispute over the right to define the five words "to write a pen".

Authority media the incident

The absurdity of the matter is not in the $500 itself, but the law enforcement is trying to find a grey passage between “punishment” and “non-punishment” that can both collect money and not have to bear procedural responsibility.

From a legal point of view, between the "can be punished" and "can not be punished" between 500 yuan, there should be a clear non-judgment.Article 119 of the "Air Pollution Prevention and Control Law" stipulates that open-air incineration of uranium, leaves and other substances that produce dust pollution, ordered to correct, "can be punished" with a fine of more than 500 yuan and less than 2,000 yuan.

Please note that the law states “can” and not “must”.

Article 33 Where the violations are slight and timely corrected, and do not cause harmful consequences, no administrative punishment shall be imposed; where the initial violations are slightly and timely corrected, administrative punishment may not be imposed.

1 square meter, initial crime, on-site correction, no fire or pollution spread, these conditions overlap together, the answer given by the law should be "no punishment", at least "can not be punished".

The author believes that the law enforcement procedure level is more questionable than the amount of the fine itself, and the simplified procedure for punishing citizens with a fine of less than 200 yuan can only be applied.

500 yuan has already exceeded this threshold, and must go through the ordinary procedure of filing cases, investigating, informing, listening to the defense, issuing a decision, and delivering.

The family request for administrative punishment was rejected, meaning that the law enforcement team did not go through the formal procedure, but in fact made a payment request. The notification said "no decision on the fine" was actually "no document"; the family felt "requested to pay the fine" was "the door opened for money".

The two are not contradictory, they are exactly the two sides of the same thing: power is exercised and procedures are not followed. No documented “fine” is essentially a negotiation carried out in the name of law enforcement; and the feeling of oppression is multiplied when the object of such a negotiation is a rural woman who has suffered from cancer for five years and has spent on vegetarian farming.

The 500 yuan, exactly exposed to the overlap of "profit tendency" and "government inertia" in grassroots law enforcement. In recent years, cases of "little excessive punishment" have been frequently: Elling couples selling 5 kilograms of celery were fined at 660,000 yuan, and Ibiza's earshop was fined at 22,000 yuan for unauthorized operation.

A common feature of these cases is that law enforcers tend to choose the “most savage” path – fines. fines do not need to do mass work, do not need to explain policies, do not need to coordinate alternatives.

What they saw was that a fire smoked, the surveillance was filmed, and the fine seemed to be "work according to law".

But this “act according to law” ignores the fundamental purpose of law enforcement: to stop violations, educate the parties, and protect the public interests.The actual impact of burning 1 square meter of weeds on the quality of the air is small; and the impact of 500 yuan on a cancer family is real.

The law enforcer faces not only a “criminal” but also a person struggling on the survival line. The legitimacy of law enforcement begins to shake when the amount of the fine is close to or even exceeds the cost of living of a family for a few days.

The deeper problem is that this case reflects a tendency to "selective law enforcement": the law is punishable, but not punished; the good punishment is punished, and the hard punishment is overlooked.

Ms. Ho became the subject of law enforcement, not because she burned more weeds than others, but because she had “enough.” because she had land, had a home in the village, and could not escape.

The notification of the Joint Investigation Group of Hershey County, using the discretionary phrase "no decision on fines" and promising "serious treatment according to the results of the investigation in accordance with the law", is necessary, but the investigation should not be stopped by the fact that "no decision on fines" has been made.

More importantly, when the law enforcement team came to the door, did they present law enforcement documents? did they inform the parties of their right to appeal? did they consider alternative punishments such as warnings, warnings?

If the answer to all of these questions is "no", then even if the final penalty is not issued, the legitimacy of this law enforcement is still questionable.

The rigidity of the rule of law cannot be denied, but rigidity does not equate to rigidity. The law leaves space between "can be punished" and "must be punished" because the legislator knows that there are specific people and specific circumstances behind each case.

Ms. He's 500 yuan fine dispute, the test is not the application of a law, it is a grassroots law enforcement whether there is the ability, whether there is the will, to see those specific people behind the legal provisions.

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