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Laws must fit Constitution
 Updated: 2004-01-17 09:06

An examination system should be built to ensure statute books and government policies are in accord with the Constitution, urged an editorial in the China Economic Times. An excerpt follows:

The tragedy of Sun Zhigang, a 27-year-old graphic designer in Guangzhou who was beaten to death by inmates after being detained by local police for not having a local residence permission paper, has led to the abolition of the "Regulation on the Detention and Deportation of Vagrants and Beggars in Cities," which was introduced in 1982.

Examinations indicate that the regulation is not in line with the Constitution.

A scientific and complete examination system would improve our laws and regulations and avoid a repeat of such tragedies as in Sun's case.

Times change, and so should laws.

A fifth draft amendment to China's Constitution is now ready for discussion and approval in the second plenary session of the 10th National People's Congress, scheduled for March. The amended Constitution will be a more authoritative and respectable one.

Yet a worrying fact is that there are still some cases damaging the authority and dignity of the Constitution.

In many criminal cases, constitutional rights have been cited by the defence while specific statutes were counted for trial, which is very intriguing.

A recent typical case involved a college graduate who killed one person and injured another after being passed over for a job.

He claimed that his basic rights were violated first.

The victims were two government personnel officials who refused the graduate, according to the Regulation on the Management of Civil Servants, because he was infected with the hepatitis B virus.

The Constitution is designed to guarantee citizens' basic rights while laws are designed to regulate specific circumstances. This accords with general practice and is not contradictory. But statutes should not contradict the Constitution.

A total of 110 new rules took effect early this year and more are on the way.

With a reliable examination system, it will be easy to check whether the statutes are in accordance with the Constitution. Amending or disposing of improper laws and regulations will be much easier, and tragedies like those that befell Sun and many others can be avoided.

(China Daily)

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