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"Every time I take the subway, I feel sick when I am harassed by small advertisements. As they ran, they threw small advertisements at every passenger like hairpin. This behavior is like a personal attack. I have traveled all over the world, which is also a great miracle of China. Is there really no way to rectify it? "

This is a suggestion written by a netizen named Dianshi to the column "I have suggestions for delegates" during the "two sessions" in Shanghai this year. Previously, "Dianshi" had an indignant experience in Shanghai and was very saddened by the "small advertisement" in Shanghai. When he returned to China last year, he was attacked by a group of hooligans who posted small advertisements on Nanjing East Road in Shanghai. He immediately called the police and wrote a letter to Zhang Xuebing, director of the Shanghai Public Security Bureau. After that, the relevant comrades of the Public Security Bureau called several times and said that they were stepping up their efforts to sort out the situation, and his heart was slightly balanced.

Connecting "small advertisements" with the World Expo has made the suggestion of "turning stone into gold" have a magnifying effect. According to the statistics of Shanghai Urban Management Law Enforcement Corps, last year, Shanghai shut down 10257 telephones, and fined 2,405 people (involving an amount of 837,954 yuan) for distributing small advertisements. For example, a fitness club in Shanghai sent people to distribute advertisements on the street, and the government department issued an administrative fine of 1 000 yuan to inform the telecommunications department to stop using the phone number. The club refused to pay the fine, and the government department applied to the court for enforcement.

In fact, it is not the first "small advertisement" in Shanghai to stop and fine. Take Beijing and Chongqing as examples. As early as three years ago, the two municipalities directly under the Central Government imposed a "shutdown" penalty on the "five chaos" (graffiti, graffiti, distribution, posting and hanging). Chongqing even devolves the power of punishment to all districts in the main city, and can also "make phone calls". Unlike Beijing and Chongqing, Shanghai's "shutdown" is based on the "government order" issued by the Shanghai Municipal Government, while Beijing and Chongqing's law enforcement is based on the local regulations formulated by the Standing Committee of the Municipal People's Congress.

Temporary authorization of the National People's Congress

"During the preparation and holding of the Shanghai World Expo, in order to maintain public safety and social order and deal with some unexpected problems, the government should take some temporary administrative measures, but it needs to be authorized according to law." On April 2 1, Shi Kai, director of the Research Office of the Standing Committee of Shanghai Municipal People's Congress, told the reporter, "In June 2008, the Standing Committee of Shanghai Municipal People's Congress passed the Decision on Promoting and Safeguarding the Preparation and Holding of the Shanghai World Expo, and granted the Shanghai Municipal Government the authority to' formulate government regulations or issue decisions and take temporary administrative measures' (which needs to be reported to the Standing Committee of the Municipal People's Congress for the record)."

The punishment for "stopping" small advertisers is the result of "authorization". On June 4, 2009, the Order of the Shanghai Municipal People's Government (No.9) Notice on Strengthening the Management of Graffiti, Graffiti, Dissemination, Posting and Hanging Publicity Materials or Slogans stated that in order to ensure the smooth holding of the 20 10 Shanghai World Expo, according to the provisions of the Decision of the Standing Committee of the Shanghai Municipal People's Congress on Promoting and Safeguarding the Preparation and Holding of the World Expo in this Municipality, The municipal government decided to impose a fine of RMB 6,543,800+on the organizer or to announce the communication tool number of the violator by depicting, scribbling, distributing, posting, hanging promotional materials or slogans. The urban management law enforcement department may notify the telecommunication management department in writing to suspend the use of the communication tool number, and the telecommunication management department shall suspend the use after receiving the written notice.

Shi Kai summarized the "authorization" of the National People's Congress as three characteristics: "This authorization of the Standing Committee of the National People's Congress is a one-time authorization, that is, for a period of time (during the preparatory stage and hosting of the World Expo), the authorization of temporary administrative measures (social security, road traffic, safety in production, food hygiene, environmental protection, city appearance and environment, advertising management, etc.) shall not be illegal (shall not contravene the Constitution, laws and administrative regulations).

On the issue of NPC's "authorization", Shanghai learned from Beijing's experience. Previously, during the Beijing Olympic Games, the Standing Committee of the Beijing Municipal People's Congress also "authorized" the Beijing Municipal Government to "take temporary administrative measures, formulate temporary government regulations or issue decisions according to the specific conditions and actual needs of preparing and hosting the Olympic Games without violating the Constitution, laws and administrative regulations". Vehicle restrictions in Beijing are the result of "authorization".

According to Ding Wei, director of the Legislative Affairs Committee of the Standing Committee of Shanghai Municipal People's Congress, after the promulgation of NPC's "authorization" decision, the Shanghai Municipal Government has issued 13 temporary administrative measures according to the authorization, and 17 items are still under study. "This provides a strong legal guarantee for rectifying stubborn diseases in the fields of social security, road traffic, city appearance and environment, and advertising management."

In addition, the Shanghai Municipal People's Congress has also established a supervision procedure for major public emergencies. On June 27th last year, the reconstructed building of "Lotus Riverside Garden" in Minhang District, Shanghai was overturned (netizens called it "the building fell down"), which caused public outcry. The Shanghai Municipal People's Congress initiated the procedure for the first time, and the supervision working group was composed of 10 members, 13 NPC representatives and five construction experts from relevant departments of the National People's Congress (Urban Construction Environmental Protection Committee). This is an active exploration for the Shanghai Municipal People's Congress to exercise the functions of local state organs according to law after major public events. Since then, the National People's Congress has also participated in the special investigation of the "fishing law enforcement Incident".

At present, there are 1.3 million deputies to people's congresses at all levels in Shanghai. According to the unified arrangement of the Standing Committee of Shanghai Municipal People's Congress, these representatives have become the "through train of public opinion" in Shanghai: each municipal people's congress representative has fixed contact with 2-5 district and county people's congresses, and the district and county people's congresses directly contact voters. "A network has been established to smooth the channels for reflecting social conditions and public opinions."

On the first day of the trial operation of the Expo venue, the first group of "tourists" received were the relocated residents of the venue.

Issue a "mobilization order"

The World Expo is the largest international event ever held in Shanghai, involving not only huge investment, but also the relocation of tens of thousands of residents and hundreds of large enterprises (relocation is the most difficult in the world), which poses unprecedented challenges to Shanghai. To this end, the Standing Committee of the Shanghai Municipal People's Congress issued a "mobilization order" to "be a good host and make every effort to run the World Expo".

The decision of the Standing Committee of the Shanghai Municipal People's Congress on promoting and guaranteeing the preparation and hosting of the Shanghai World Expo says that the China 20 10 Shanghai World Expo will be held in Shanghai from May to October. Hosting the World Expo is a glorious task for Shanghai and an important opportunity for Shanghai to promote scientific development and social harmony. In order to promote and guarantee the preparation and holding of the World Expo, embody the theme of "Better City, Better Life" and achieve the goal of running a successful, wonderful and unforgettable World Expo, the following decisions are made:

1. All citizens should care about and support the preparation and holding of the Expo as masters, actively participate in the activities of knowing honor and disgrace, stressing civilization and welcoming the Expo, consciously abide by the law, practice public morality, carry forward the volunteer spirit of dedication, friendship, mutual assistance and progress, be a good host and welcome the Expo in a civilized manner.

2. All organs, enterprises, institutions, social organizations and grass-roots mass autonomous organizations in this Municipality should conscientiously do their jobs, vigorously support and actively participate in the work during the preparatory stage and the holding period of the World Expo, thoroughly publicize the theme of the World Expo, and extensively carry out civilized etiquette education to create a good social atmosphere for the preparation and holding of the World Expo.

3. The people's governments at all levels in this Municipality and their working departments shall strictly administer according to law, refine and improve the planning and plans for the preparation and holding of the World Expo according to their respective responsibilities, formulate emergency plans for all kinds of emergencies, strengthen urban construction and management, improve the level of public service, improve the living environment and quality of life of citizens, better serve the Yangtze River Delta, the Yangtze River Basin and the whole country, and ensure the smooth hosting of the World Expo.

The "Mobilization Order" covers state organs, enterprises and institutions, social organizations, grassroots autonomous organizations and all citizens in Shanghai.

"Such a big event cannot be done by the government alone." Tao Xidong, deputy director of the Social Investigation Center of Shanghai Academy of Social Sciences, told reporters that "the power of non-governmental organizations should also be brought into play." The Shanghai World Expo Volunteer Legal Advisory Group is such a special team.

According to lawyer Tan, a member, she is mainly responsible for the contract review of various Expo-related projects. In view of the importance of the Expo project and the relative urgency of time, risk analysis and risk control are conducive to ensuring that the Expo project can be completed on time. At the same time, it is to participate in the protection of intellectual property rights and prevent individual units or individuals from carrying out some illegal product packaging and publicity under the banner of the World Expo without the permission of the organizers.

Tan said that because he has other business in the law firm, he always works overtime to deal with the contract review related to the World Expo. Sometimes when he gets the materials at night, he has to review them overnight, write a risk analysis opinion and hand it in the next morning.

"Although I am a little tired, I am still glad that I can really contribute to the hosting of the World Expo." Tan told reporters.

At present, there are more than 65.438 million volunteer lawyers who directly participate in Expo services like Tan. They fully carry forward the volunteer spirit of "dedication, friendship, mutual assistance and enterprising", and under the unified arrangement and guidance of the Shanghai World Expo Volunteer Center, Shanghai Lawyers Association and other relevant units, they are divided into more than ten working groups according to different majors, providing legal consultation, dispute mediation, legal publicity and other public welfare legal services for exhibitors and visitors during the Shanghai World Expo, which provides a solid legal guarantee for ensuring the smooth hosting of the Expo.

Legislative wisdom

Expo involves many legal issues. "For example, some national exhibits involve insurance business and intellectual property protection. This requires us to abide by both domestic laws and international conventions and practices. " Therefore, Shi Kai believes that the Shanghai World Expo can be called the "Rule of Law Expo" in a sense.

The reporter saw this title in a "on-the-spot debriefing report" of the Standing Committee of Shanghai Municipal People's Congress-"* * * Casting Expo Wonderful: Rule of Law First". "Optimizing the legal environment and making the Expo wonderful" has been designated as the working theme of the National People's Congress.

"From beginning to end, the Standing Committee of the Shanghai Municipal People's Congress has taken ensuring a successful, wonderful and unforgettable World Expo as an important part of its legislative work. These legislative projects are all Expo projects in the legislative planning of the Standing Committee. From June 2008 to the beginning of 20 10, in a year and a half, the Standing Committee of the Shanghai Municipal People's Congress passed seven laws and decisions related to the World Expo. " Ding Wei believes that NPC is "using legislative wisdom and courage to solve the legislative problems of Expo".

Ding Wei, for example, said that the accommodation gap in Shanghai is usually 60,000 beds, while during the World Expo, there is a gap of 380,000 beds on extreme peak days. Therefore, "we have revised the Shanghai Tourism Regulations to stipulate that ordinary families can also provide accommodation for tourists". During the two sessions in Shanghai, some deputies to the National People's Congress proposed that March 5th be designated as Volunteer Day every year. "Considering that according to the relevant regulations of the State Council, local governments have no right to set up memorial days and need the State Council's approval, we did not immediately adopt this proposal. Later, considering that the representative's suggestion was reasonable, and Publicity Department of the Communist Party of China, the Central Committee of the Communist Youth League and other ministries and commissions in China 18 jointly issued a notice in February 2000 18, deciding to take March 5 of each year as the' China Youth Volunteer Service Day' from 2000, how can the national regulations be transplanted into local legislative provisions? This requires legislative wisdom. Finally, the Regulations of Shanghai Municipality on Volunteer Service stipulates that the city will focus on publicizing and carrying out volunteer service activities within one week of China Youth Volunteer Service Day (March 5) every year to advocate and carry forward the spirit of volunteer service. "

The cleverest one is the Regulations of Shanghai Municipality on Controlling Smoking in Public Places. "On the issue of' no smoking' or' tobacco control', there is a lot of controversy. Some people even think that changing' prohibition' to' control' is a retrogression in legislation. In the end, the National People's Congress Standing Committee (NPCSC) passed Tobacco Control, mainly considering the feasibility of the law. The so-called "prohibition" strengthens law enforcement means such as fines, but in practice, it is difficult to achieve the expected legislative effect by blindly emphasizing fines for habitual behaviors such as smoking. This time, we discussed how to integrate law enforcement forces and mobilize society to participate in tobacco control legislation. For example, Article 7 stipulates that smoking areas shall be designated or smoking rooms shall be set up in catering establishments with business premises exceeding 150 square meters or seats exceeding 75, and smoking is prohibited outside the smoking areas and smoking rooms. In fact, only 25% of the restaurants meet the statutory tobacco control conditions, and 65% of small and medium-sized restaurants are not controlled. This caused widespread controversy at that time. Why only 25% and the other 65% don't care? This should also take into account the feasibility of laws and regulations, because the higher the threshold, the worse the law enforcement effect. I have always believed that we should not underestimate the moral standards of smokers. In the end, we must rely on ethics to achieve the goal of smoke-free. "

Article 11 of the Regulations on Tobacco Control is a "bright spot": the municipal government can temporarily set the scope of no-smoking places according to the provisions of this Ordinance and the needs of holding large-scale activities. Accordingly, the Shanghai Municipal Government has stipulated that the entire Expo venue should be smoke-free.

Support procuratorial supervision

"After some law-related litigation cases went to the National People's Congress to petition, we found that many cases had been finalized, but the parties still refused to accept the court's decision." Shi Kai told reporters, "The National People's Congress can't supervise cases, but the procuratorate can. Not many people go to the procuratorate to complain."

On June 26, 2009, the Standing Committee of Shanghai Municipal People's Congress passed the resolution on the special work of procuratorial organs for the first time-the resolution of Shanghai Municipal People's Congress Standing Committee on strengthening the legal supervision of people's procuratorates, resolutely supporting procuratorates at all levels in the city to focus on issues that concern the people and affect judicial justice, strengthen legal supervision and protect the legitimate rights and interests of the people.

This decision requires procuratorial organs to continuously strengthen legal supervision over criminal proceedings, administrative proceedings and civil trial activities, improve legal supervision over supervision sites, exercise protest functions according to law, actively and normatively carry out supervision in the form of Notice of Correcting Violation, Procuratorial Proposal and Notice of Filing a Case, promote strict law enforcement and fair justice, supervise and actively resolve the contradictions between letters and visits involving law-related litigation according to law, and maintain social harmony and stability. "The people's courts, public security organs and judicial administrative organs at all levels in the city shall consciously accept the legal supervision of the people's procuratorate. The Standing Committees of the people's congresses at all levels in the city shall perform their statutory duties, supervise and support the people's procuratorates to carry out legal supervision according to law. "