评山西新规:破坏文物古迹者拘留
(2014-02-19 15:18:39)
标签:
山西省破坏文物古迹拘留地方性规范文件由法律作出规定中国日报杂谈 |
分类: 社会热点 |
博主接受《中国日报》采访,点评山西新规:“破坏文物、古迹者拘留”。 破坏文物古迹是非常可耻的行为,但是《立法法》、《行政强制法》有明确的规定,限制公民人身自由的应该由法律作出规定,地方规范性文件,不得规定限制公民人身自由的行政处罚措施,过于强调处罚,不是进步,我们更应该从加强国民素质教育入手,而不是以罚代管。
http://t.cn/8FMO3aP
People who vandalize cultural relics face being detained, according to a new regulation released by Shanxi province.
The regulation defined serious cases where perpetrators face serious penalties for destroying cultural relics, according to a report by China National Radio earlier this month.
According to China's Public Security Administration, people who deface cultural relics will be detained for five to 10 days, and will have to pay fines ranging from 200 yuan ($33) to 500 yuan.
The regulation provides a standard for law enforcement officers, said Wang Weixing, head of the legal affairs office of Shanxi province.
It is difficult to restore cultural relics that have been defaced by graffiti or had names carved on them, said Xu Gaozhe, head of regulation department of Shanxi cultural relics bureau.
Warnings and measures to inform the public had little effect, he said.
Local residents offered mixed views on the issue.
Shanxi needs to protect its relics, said a female public servant in Shanxi, surnamed Wen.
Li Chen, a student in Taiyuan, capital of Shanxi province, also wants parents to be penalized. "If some over-indulged children carved characters on the relics, who should be detained?"
In many cases, parents should take responsibility, Li added.
The aim behind the regulation was good but the key issue is enhancing public awareness, said Cheng Yongxin, 33, a public servant in Taiyuan.
Suspects should be detained according to laws rather than local regulations, said Li Weimin, a lawyer and director of the Beijing Weibo Law Firm.
"Legal measures are not the only way of dealing with such cases. We should also enhance education among citizens and raise their awareness," Li said.