(Characters of the Two Sessions) Xiao Shengfang, deputy to the National People's Congress: Promote the establishment of a system for eliminating misdemeanor criminal convictions
China News Service, Guangzhou, March 4th, title: Xiao Shengfang, deputy to the National People's Congress: Promote the addition of a system for eliminating misdemeanor criminal convictions
Reporter Fang Weibin
"The population of minor crimes and their families are a relatively large group, and the criminal record eradication system can prevent their criminal records from affecting their lives." Xiao Shengfang, deputy to the National People's Congress and president of the Guangdong Lawyers Association, said in an exclusive interview with China News Agency that this year, the national During the two sessions, he will continue to push forward the motion to add a system for the elimination of prior criminal convictions by adults.
In the past four years, Xiao Shengfang has submitted 25 motions to the National People's Congress, covering areas such as the construction of the rule of law, people's livelihood, education, and medical care. This year, he has prepared a number of motions and suggestions, involving the elimination system for misdemeanor criminal convictions, enforcement, and live broadcasting. Chaos governance, etc., have also paid attention to the topic of Hong Kong and Macao lawyers practicing in the Mainland.
Xiao Shengfang accepted an exclusive interview with Chinanews.com and introduced his 2022 two conference proposals to reporters.
Photo by Xie Taoran
Promote the establishment of a criminal record elimination system for adults who commit minor crimes
Xiao Shengfang told reporters that on weekdays, he would set up a WeChat group called "So-and-So Year's Proposal Suggestion Materials Group", to complete the collection of materials in the first half of each year, to determine topics in July and August, and to start writing and conduct some necessary research in September. The optimization and finalization began in January of the following year.
Xiao Shengfang emphasized that letters from the public are a way to promote legislation.
He said that the letters from the people reflect that China's legislation is a whole-process democracy. In the work of legislation, the deputies to the people's congress represent the people. If the questions raised by the people's letters are found to be national and typical problems after research, the deputies to the people's congress should pay attention to them. .
The proposal for the elimination system of misdemeanor criminal convictions was summed up by Xiao Shengfang from letters from the public.
Xiao Shengfang introduced that in recent years, he has successively received letters from people in Hebei, Heilongjiang and Shandong, all of whom paid the price for light crimes such as drunk driving or fighting.
In mainland China, civil servants' political review, company entry, education, entrepreneurship, military enlistment, etc. require proof of no criminal record, and the criminal record reporting system of China's criminal law makes it difficult for those who commit minor crimes to find jobs and reintegrate into society after serving their sentences. It will also affect their children, easily pushing them to the opposite side of society.
Xiao Sheng showed reporters the proposals and proposals he prepared in 2022.
Photo by Xie Taoran
Courts cannot be "debt collection agencies"
In addition to paying attention to the people's demands, Xiao Shengfang proposed to add a system design that "increases the cost of the obligor's non-automatic performance" in the formulation of the Civil Enforcement Law. This method allows more effective judgments to be automatically performed and solves the problem of difficult enforcement. .
According to Xiao Shengfang's vision, on the one hand, the plaintiff does not need to apply for compulsory execution after completing the lawsuit. The law directly stipulates that it must be performed automatically within the time specified by the court judgment.
On the other hand, within 30 days after the expiry of the performance period, the obligator must report the performance to the court of first instance.
Xiao Shengfang explained that if it is fully performed, then provide relevant certificates, such as transfer certificates, to cancel the case; if not fully performed or not performed at all, these two situations must be reported, and the property must be declared at the same time; Failure to report to the court, or to report the property is false, will violate the criminal law and refuse to perform the court judgment.
Xiao Shengfang said that most cases cannot be enforced, and the court cannot become a "debt collection company".
Through the top-level design of such a law, those who do not perform automatically pay a higher price, thereby greatly reducing the number of enforcement cases that require court intervention.
Xiao Sheng explained to reporters the motion he prepared in 2022.
Photo by Xie Taoran
Hong Kong and Macao lawyers have broad prospects for practicing in the Mainland
With the vigorous development of the Guangdong-Hong Kong-Macao Greater Bay Area, the practice of Hong Kong and Macao lawyers in the Mainland has also become a hot topic in recent years.
Starting from 2021, the mainland will hold the Greater Bay Area Bar Qualification Examination for qualified Hong Kong and Macao lawyers. More than 400 Hong Kong and Macao lawyers have passed the exam that year. on training.
Xiao Shengfang believes that it is very beneficial for Hong Kong and Macao lawyers to practice in the Mainland for their professional development. The economic development of the Mainland is booming, especially Guangdong, whose GDP will exceed 12 trillion yuan in 2021, and the economic volume is very large. Economic development is closely related, so in the Mainland, especially in the Pearl River Delta, there are great opportunities for Hong Kong and Macao lawyers.
At the same time, the cooperation between mainland lawyers and Hong Kong and Macao lawyers also overflows. Foreign-related legal business is a relatively shortcoming of mainland lawyers. Due to historical reasons, Hong Kong and Macao lawyers have inherent advantages and are worth learning from mainland lawyers.
Xiao Shengfang said that Hong Kong and Macau lawyers who have passed the Greater Bay Area Bar Examination can apply to law firms in 9 mainland cities in the Greater Bay Area to carry out business cooperation with mainland lawyers, in-depth exchanges, and learn from each other's strengths. The future can be expected.
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