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撤销“叼牙线棒开车处罚”传递出权力谦抑的清晰信号
Nan Fang Du Shi Bao· 2025-11-14 02:31
Core Points - The case of Mr. Qian highlights the principle of "in case of doubt, favor the individual," emphasizing the need for public authority to exercise restraint when evidence is insufficient [1][2] - The initial enforcement error stemmed from equating the external manifestation of an action (holding a dental floss stick) with its actual danger, which is legally neutral unless proven otherwise [2] - The principle has evolved from criminal justice to encompass administrative enforcement, requiring public authorities to bear a heavier burden of proof when conflicts arise between public power and individual rights [2][3] Group 1 - The administrative department acknowledged that Mr. Qian's behavior did not materially affect his driving operation, leading to the withdrawal of the initial penalty [1][2] - The principle of "in case of doubt, favor the individual" serves as a crucial check against the arbitrary expansion of public power and protects citizens' rights from undue infringement [2][3] Group 2 - The adherence to this principle is essential for building a rule-of-law government, necessitating a shift from a simplistic "management mindset" to a more substantive "governance mindset" in administrative enforcement [3] - There is a need for enhanced professional standards and legal literacy among enforcement personnel, especially when using non现场技术监控设备, to ensure that decisions are based on sufficient evidence and clear causal relationships [3]
成立6天公司拍得水库经营权,“程序合法”只是底线丨中听
Sou Hu Cai Jing· 2025-05-09 01:20
Core Viewpoint - A newly established company, Jiangxi Lihhe Lianyu Smart Agriculture Industry Co., Ltd., won a 20-year operating rights auction for Hongmen Reservoir in Jiangxi Province just six days after its incorporation, raising concerns about its capability to manage such a significant asset [1][4]. Group 1: Auction Details - The operating rights for Hongmen Reservoir were auctioned for an annual price of 13 million yuan, totaling 260 million yuan over 20 years [1]. - The company was registered with a capital of 15 million yuan and operates under a "subscription" status, which raises questions about its financial stability [1][6]. Group 2: Regulatory and Compliance Issues - A staff member from the Nancheng County Agricultural and Rural Bureau stated that the auction process was conducted legally, as the company met the necessary bidding conditions [4]. - Concerns were raised regarding the lack of transparency in assessing the company's financial strength, technical capabilities, and reliability in fulfilling contractual obligations [4][6]. Group 3: Investment Requirements - The auction stipulates that the winning bidder must invest at least 100 million yuan in tourism development within one year, which includes building hotels and recreational facilities [6]. - Over the 20-year period, the total investment required, including the operating fee and tourism development, amounts to 360 million yuan, necessitating an average annual net income of over 18 million yuan to achieve profitability [7]. Group 4: Potential Risks and Concerns - The tourism project is characterized by long investment cycles and slow returns, posing a significant challenge for a new entrant to recover its investment within the stipulated timeframe [7]. - There are fears that if the company fails to meet its commitments, it could lead to idle state assets or risks of secondary contracting, potentially harming the ecological environment of the reservoir [7].