On The Case Of Fang Honglao In

The case of Chongqing Fang Hong has attracted so much attention in china,and the case’s real fact proved the shortcomings of the system of reeducation through labor. Because the push of Fang Hong case, the legislation of our country began to reform the system of reeducation through labor. Although Chongqing Fang hong case are so meaningful, the current law academic did not have comprehensive and detailed analysis. A detailed analysis of the case can help us to reform the system of reeducation through labor.It can sort out ideas, give us suggestions, and solve the conflicts between public officials and people. In short, the case study have a great theoretical and practical significance.This text is divided into four parts:Foreword:Present the case, fully introduced Chongqing Fang Hong case. Then,raised legal questions, What’s the nature of Fang Hong’s behavior? Whether the program of the case is legal? whether the system of reeducation through labor is illegal or unconstitutional? What’s the mean of tolerance obligation of officials? What is the standard of the free expression to citizens?The first part:Analysis case from legal entity and legal procedure.Analysis legal entity.Fang Hong’s behavior has not spread rumors, and the essence of Fang Hong’s behavior is citizens to exercise their right of freedom of expression; Analysis the procedure, Fang Hong only was informed the right of" hearing ",failed to comply with other procedures.The second part:The system of reeducation through labor is illegal and unconstitutional. At the same time, analyzes two modes’feasibility that is adopted by Fang Hong and his attorney for the win; Government officials have the obligation of tolerance to citizen’s criticisms and suggestions.When officers’s personality rights have a conflict with the citizens’right to freedom of expression,Government officials have the obligation to provide evidence of actual malice. When the citizens’right to freedom of speech have conflict with the public interest, it must be a obvious and urgent dangerous and should not restrict people’s freedom of speech.Conclusion:Chongqing Fang Hong case is the triumph of law. People have right to exercise their right of freedom of expression.Government officials shall have the obligation of tolerance when treat citizens’ freedom of speech.