On the afternoon of the 14th, according to the WeChat official account Huangyan of the Propaganda Department of the Huangyan District Party Committee of Taizhou City, Zhejiang Province, Huangyan released a message: With the consent of the Huangyan District Party Committee, the Huangyan District Disciplinary Committee decided to file a party discipline review for Zhou Xianghui's violation of discipline.At the same time, the Huangyan District Committee decided to suspend Zhou Xianghui from performing his duties.
Zhou Xianghui has recently attracted attention due to his involvement in the incident of being secretly photographed by his subordinates.
According to Fangyuan magazine, which is in charge of the Supreme People's Procuratorate, in July last year, the Chengdong Police Station in Huangyan District, Taizhou, Zhejiang Province received a report that the complainant claimed that his car had been installed with a GPS tracking device.The reporter was none other than Zhou Moumou (Zhou Xianghui), then Deputy Secretary of the Party Committee and Deputy Director of the Huangyan Public Security Bureau.After receiving the report, the police immediately launched an investigation and found that the buyer of the locator was Chi, a former policeman from the Criminal Investigation Brigade of Huangyan Public Security Bureau.
The 44-year-old Chi had continuously reported Zhou Xianghui anonymously to the Discipline Inspection Commission of Huangyan Public Security Bureau and Huangyan District Discipline Inspection Commission due to work conflicts, but failed.In 2015, Chi heard a gossip about Zhou Xianghui, saying that he had an extramarital affair with a woman, so he bought a GPS location tracker from Taobao.Chi told the media that a few days before Zhou Xianghui reported the case, he had just reported Zhou Xianghui to the Huangyan District Commission for Discipline Inspection and sent clues about his suspected violation of discipline, that is, from March 2017 to July 2017, he photographed Zhou Xianghui inMultiple video clips of adultery with a woman in an underground garage in a community.
Chi is suspected of using his identity as a policeman to secretly access social video surveillance and use tracking methods to seriously infringe on the personal privacy of others.The Huangyan Public Security Bureau imposed an administrative punishment decision on Chi for 7 days of confinement and 6 days of detention.Chi was dissatisfied with the punishment, and believed that Zhou Xianghui had violated party discipline by maintaining improper relationships with women for a long time. His behavior of stalking and secretly taking evidence should not be defined as an invasion of other people's privacy, but an act of justice.In April this year, Chi sued Huangyan Public Security Bureau to court.
On May 10, the trial of the case ended, and the court announced that it would choose a sentencing date.
Earlier, the media learned from the Huangyan District Commission for Discipline Inspection and the Huangyan Public Security Bureau that Zhou Xianghui had admitted to the Commission for Discipline Inspection that he had violated discipline by having an improper relationship with others, but he was not punished because he did not cause any adverse effects. Zhou Xianghui has been transferred from the Huangyan Public Security Bureau., served as the deputy director of a bureau in Huangyan District.
The case was reported by the media and attracted social attention. Huangyan officials issued a message on Huangyan on the 13th in response, saying: Recently, the Huangyan District Committee attaches great importance to media reports and the latest reports.According to the investigation and verification, it will be dealt with in accordance with the law, discipline and regulations.
This is a real case comparable to a movie plot, but the development of the plot is beyond many people's expectations.
According to The Paper, Chi Wen, a former police officer from the Huangyan Branch of the Taizhou Public Security Bureau in Zhejiang Province, followed and secretly photographed his boss, who is now the deputy director of the Huangyan Public Security Bureau Zhou Moumou, obtained evidence of Zhou's adultery with a woman, and handed over the relevant evidence to Huang Yan.District Commission for Discipline Inspection.Afterwards, Chi Wen was locked up for 7 days and placed in administrative detention for 6 days.
The Paper learned from the Huangyan District Commission for Discipline Inspection and Huangyan Public Security Bureau that Zhou Moumou had admitted to the Commission for Discipline Inspection that he had violated discipline by having an improper relationship with others, but he was not punished because he did not cause any adverse effects.At present, Zhou Moumou has been transferred from the Huangyan Public Security Bureau to serve as the deputy director of a bureau in Huangyan District.
Should Chi Wen be detained?As far as the law is concerned, there is nothing wrong with it.The Public Security Administration Punishment Law stipulates that anyone who conducts voyeurism, secretly filming, wiretapping, or disseminating the privacy of others shall be detained for up to five days or fined up to 500 yuan; if the circumstances are more serious, he shall be detained for not less than five days but not more than 10 days, and may also be fined 500 yuan.A fine of less than RMB 10,000.From the perspective of the universality of the right to privacy, Chi Wen's behavior does constitute a violation of the rights of others and should be punished by law.
The problem is that the subjects being photographed are not ordinary citizens, but public officials who hold power.If we uphold the point of view that civil servants have no privacy, Chi Wen's candid filming behavior does not constitute an infringement of the privacy rights of others, let alone administrative punishment.
However, this seemingly correct point of view is not impeccable: the official behavior of a civil servant, except for situations involving state secrets, can certainly be regarded as a transparent zone.This kind of absolute transparency is neither realistic nor possible.
Of course, whether the punishment of Chi Wenxing's 6-day detention is appropriate is still debatable.The Public Security Management Punishment Law stipulates that public security management punishments must be based on facts and commensurate with the nature, circumstances, and degree of social harm of violations of public security management.Although Chi Wen's candid photographing of others involves a violation of privacy, it did not cause harm to society.
In fact, because of his truthful report, Zhou Moumou's violation of discipline was exposed and he performed more meritorious service.In August last year, the Huangyan Public Security Bureau imposed a 7-day confinement on Chi Wen, which can be regarded as a punishment first.Considering these factors comprehensively, it is more reasonable and legal to mitigate punishment or not to punish according to law.
As for the treatment of Zhou Moumou, compared with Chi Wen's double treatment of confinement and detention, it makes people feel like being fined three glasses of wine.According to the Communist Party of China’s disciplinary regulations, those who have improper sexual relations with others and cause adverse effects may be given a warning or a serious warning. If the circumstances are serious and serious, they may be given sanctions of removal from the party, probation in the party, and expulsion from the party.Zhou Moumou, who actually violated discipline, was not even punished, but continued to be an official in another place with relatively less power. Improper sexual relations were not widely spread, nor did it lead to family breakdown. Such an excuse of exemption from punishment can also get rid ofon the countertop.Looking at the investigation process, the investigators are all subordinates, and Zhou Moumou has not stopped performing his duties. These procedural flaws have made people even more suspicious, and further clarification is urgently needed.
The essence of the rule of law lies in how to treat power.Holding public power is doomed to incomplete privacy, and privacy cannot be used as a shield; as a citizen, there is also a bottom line for rights.In power
