The Public Security Management Punishment Law (revised draft) released by China on September 1 (hereinafter referred to as the "revised draft"), these days have caused controversy in public opinion.The focus of the dispute is whether some words and deeds that harm the spirit of the Chinese nation and hurt the feelings of the Chinese nation should be punished.
Article 34 of the "Revised Draft" adds two contents: First, "one is in public places or forced others to wear, wear the spirit of the Chinese nation, and hurt the feelings of the Chinese nation in public places."Production, dissemination, promotion, and distribution of items or words that harm the spirit of the Chinese nation and hurt the feelings of the Chinese nation." For words and deeds that violate these two contents, the public security organs will be detained or 1,000 yuan or less than 10 days (RMBIn the same, S $ 186) Fined fines below 3,000 yuan; if the circumstances are heavier, detained for more than 15 days and less than 15 days, and can be fined below 5,000 yuan.
At present, the "revised draft" is still in the stage of public solicitation, the deadline is September 30, 2023.According to the official website of the National People's Congress, as of September 9, more than 70,000 people have participated in the collection of the "revised draft" opinions and put forward nearly 90,000 opinions.
But the above two contents have aroused widespread attention and concerns of public opinion and legal scholars.Most legal circles believe that the concept of the Chinese national spirit and the Chinese nation's feelings is blurred, which is easy to generate ambiguity in law. It is difficult to confirm in procedures, and the consequences of damage are difficult to quantify.If public officials expand their explanations and applicable laws at will, the abuse of administrative power may occur.
同时，新增内容的外延过于宽泛，最终可能指向在公园、街区、景点穿着异域服装的人群，甚至刺激民粹主义和极端民族主义情绪的蔓延，加剧中国与一些国家的对立情绪，导致Diplomatic passive.
Even media with official backgrounds such as China Network and Beijing News Broadcasting have published articles, expressing different opinions on the new law.
According to the China Network reported on September 8, Lao Dongyan, a professor of criminal law at Tsinghua University, believes that it is the concept of damaging the spirit of the Chinese nation and hurting the feelings of the Chinese nation.The punishment standard is too vague.The vague punishment standards will lead to the selective law enforcement of administrative power, which is prone to abuse of power, which will create a new space for the breeding of corruption, and it may intensify the contradiction between the police and the people.The national spirit and national feelings belong to a cultural spiritual level. The country can advocate, but it should not be implemented by legal compulsory ways.
Professor Chen Bi of the University of Political Science and Law said that the revision of Article 34 was the crime of insulting and slandering in the criminal law.The above -mentioned legal provisions did not describe and define the spirit of the Chinese nation and national feelings. The protection of such legal benefits was reflected through punishment of related behaviors.The legislative language of the law is not accurate, and it is likely to lead to the results of excessive space for free tailoring and different judgments in the same case."What is the spirit and feelings of the Chinese nation? The answer to this question should be internalization in our public life and feelings. It is not so weak, let alone nervousness and anxiety."
Professor Zhao Hong of China University of Political Science and Law pointed out: "It is not to say that offending the emotional feelings should not be punished, but the legislators must conduct a comprehensive review and trade -off of various interests when they stipulate them, including the serious offending the serious offending the offending, including the serious offending the serious offense.Sexual, the audience can no longer be avoided by offending, and the degree of contribution to the right to personal rights and social value. "If the severity of the offending is overly estimated, excessive explanation of the offenseEssence
The official media has not reported that some legal scholars have clearly opposed the addition of the above two contents.Lao Dongyan, former deputy director of the Legal Policy Research Office of the Supreme Procuratorate, made it clear that the punishment criteria were too vague, might stimulate populism or the spread of extreme nationalism. "It is recommended to delete it."
Tong Zhiwei, a professor at the Constitutional University of East China University of Political Science and Law, also suggested that the above -mentioned new clause will not be considered.He was worried that in accordance with the current draft, law enforcement justice will cause the practical consequences of arresting people and convictions to follow the chief, and will be harmless.
There are also some netizens who support legislation to punish words and deeds that harm the national spirit and harm national feelings.The author named "Iron Blood-Green Shirt" posted that he resolutely supported the incorporation of "hurting national feelings" into laws and order punishment.The grid is incompatible."The things that hurt the feelings of the nation, including remarks and behaviors, are not out of ignorance, but because of blasphemy and offending the excellent traditional civilization of the Chinese nation. In the minds of these people, they are either" kneeling beauty ', "Either 'fine day', even the moon is full of rounds outside.
Officials include the words and deeds that have punished the spirit of the nation into the "revised draft". Obviously, they want to further restrain the words and deeds that harm the national national image that will damage the national national and national ethnic groups in the network, and establish a "upright" society and network environment.
But most legal scholars and netizens' concerns about the official move obviously make sense.It is really difficult to refine the spirit of the national spirit and the emotional feelings of the nation. For example, wearing Japanese kimono in public places is considered to damage the national spirit?Traveling to the country and region that is hostile to China is a harmful national feelings?If the law is vague and cannot be refined, it may be reduced to "pocket crime", causing more social contradictions.
In the final analysis, the national spirit and national feelings are relatively abstract, mainly in the category of morality. Officials can advocate guidance, but it is not advisable to use law for compulsory norms.
