Yesterday, Shandong Provincial Higher People's Court case of concern. Plaintiff Huang repeat test for the secondary age of 15, apply for student status with others, in 2007, small yellow strokes in Linyi police exam finalists, but because the issue did not pass political examination had student status, are not hired. small yellow lines that had an unreasonable use of other enrollment admissions policy dictates, not accidental, they have real ability, is a real achievement scores, and recruiting departments exist violated the law, then sued the local personnel and public security departments, hiring their own request.
evidence before the Court by the original policy implications, as small yellow as the right to education in the school register in order to obtain the existence of stains are not unusual. Xiao Huang's lawyer Zhou Ze believe that there is relevant procedural errors, and for this group of small yellow, if the minors at the time of the stain to back life, they will not see the future and hope.
said Zhou Ze, currently on Juvenile Criminal Stain System in study and practice have been, but the teenager stain elimination of moral or civil, to be concerned about.
6 times close to the success of this test
police who do not deny that, with the first secondary Huang Tingwei a very educated and motivated by self-examination that he made a legal specialist, undergraduate diplomas. The children in Shandong Linyi guy has a persistent dream police, in 2002, when he was 24 years old, his first apply for the police, then, as long as the Linyi City Police Huang Tingwei move will apply, in which a nearest success in 2007, but has gone wrong between .2006 and 2008, he also participated in Rizhao City police recruit exam. to 7 years in 2008, he participated in a total of 6 police recruit exam times.
2007 年 3 16, Linyi City Personnel Bureau, Linyi Municipal Public Security Bureau jointly issued a leaflet, police recruit 53 people, including general management positions in recruiting City Detention Center 7. Huangting Wei enrollment, participated in the competitive position.
through written tests, interviews, Huang Tingwei total score of applicants for the position of candidates ranked No. 8. apply for the same job for personal reasons, a girl surnamed Huang, voluntarily give up the appointment. Huangting Wei admitted that the girls abstain his sister, someone is gossiping, saying that his sister to his brother Tang Road, but the abstention of her freedom, there is no legal prohibition on this.
recruitment pamphlets under the provisions of the vacancy caused by the girls abstained, according to the total score were elected. In the same year in July, Linyi City, filled by notice issued by the Office to recruit civil servants to determine Huang Tingwei fill vacancies for the position.
test police several times, for the first time finalist, came a farming Huang Tingwei extremely happy about that.
political examination found glad I had had a little stain
Huang Tingwei political examination of his early youth was found to stain.
political examination of two police wrote in a note shows the Taking Huang Tingwei meet the political officer's personnel file and found that yellow School enrollment card and enrolled and completed applications for the two materials date of birth, names of parents and family situation, are different from other files with him.
, the Municipal Personnel Bureau and the Municipal Public Security Bureau of Personnel staff to Huang Tingwei workplace investigations, asked Huang to explain the situation.
Huang wrote a note written in July of 1992 and Huang graduated from junior high school in Linyi Fourth, the name was called Huang Tingbo, this year the summer, Huang did not consider secondary admitted, in the fall, he went to a township school repetition, in participating in next year's entrance examination, because no student status can not take the test, by another two teachers to help rural schools, use, and yellow drop-outs with the village of Huang Tingwei apply for student status.
Huang said that this was the only choice repeat students. This year, Huang was admitted to Linyi a secondary school, has been using the name of Huang Tingwei. in school, get a small yellow legal college through the Self diploma, but also with the name of Huang Tingwei, can not change it back, so still using that name.
I was called Huang Tingbo, the use of student status is Huangting Wei, and he is not on the up to three days. Huang told reporters, Huang Tingwei on their use has long been clear that his student status, lacks opinions. Moreover, two adult identification number, residential address is different.
explained to the officer, the small yellow felt he was just using someone else's student status , test scores are real achievements, they have real ability, school problems even be a stain, it will not hinder employment.
later, the facts are indeed as he began to call the City Public Security Bureau as he was concerned, the person said He has hired the provincial Public Security Department review.
small yellow heart so it is practical.
bang sued unknown
2007 年 12 recruiting units in late May, authorities in Linyi City, announced the hiring list, the Huang did not see his name, the detention center hired only 7 posts by 6 people.
small yellow hearts cold in the determination of the Provincial Public Security Bureau to ask what was going on. went several times, he privately asked to be, because of student status Problems were reported to the Public Security Bureau, Linyi City hall has therefore asked the Public Security Bureau to supplement the material, as far as he knew, there was no added Linyi.
small yellow results Afterward, produced and Linyi City Personnel Bureau, Public Security Bureau of litigation in mind. you can not hire me, always give me a written reply comments, right?
2008 year, Linyi City Intermediate Court of small yellow to bring an administrative lawsuit failed, the same year in February, he went directly to the Shandong Province high hospital charges. Xiao Huang said in the lawsuit, originally recruited 7 people, just hired six people, and not his name, Linyi City Personnel Bureau, Public Security Bureau to cancel his admission will be unjustified to reduce the hiring personnel, serious violations of his right to fair competition, request the court to hire recruiting units will be included in the list of his, and to be publicized.
Shandong Provincial High Court ruled that the case is heard by the Laiwu City Intermediate Court.
2009 年 9 months Laiwu public hearing in the Court case.
Linyi City Personnel Bureau, Public Security Bureau, provides court exam candidates with small yellow sign on Civil Service Integrity Pledge (per candidate are signed), meet the political situation to write instructions, Linyi Municipal Public Security Bureau to consult other ministries and agencies of the evidence. Municipal Personnel Bureau to reply that they strictly follow the participate in the exam, did not pass political examination, does not meet the conditions of employment, according to the law can not hire and publicity. Municipal Public Security Bureau respondent said they plan to organize the implementation of strict accordance with recruiting, because the plaintiff in the case of test fraud exists, and its ministries and agencies, the audit did not pass political examination , Urban can not be hired. the two defendants dismissed the plaintiff requested.
the trial, the small yellow evidence provided by the defendant, Linyi Municipal Public Security Bureau police on the record of referrals to the ministries and agencies and found that he had recruited into the absorption list.
referrals, said: Police recruit 53 people, upon examination, are in line with the conditions recorded in the police. recommended procedures for handling police record. But the list of ministries and agencies of the examination and approval, the name does not yellow.
many year Roll
were forced to change the trial, wrote the original share of small yellow note is also the defendant used, as small yellow evidence of fraud and bad faith. small yellow court said, this is a manifestation of his pragmatic, explains the reasons for using the student status to others.
accused teachers collected evidence of student status secondary tube: Huang Tingwei formerly known as Huang Tingbo, because there were previous students are not allowed to test a small secondary school examinations, Huang Tingbo no right to take the exam, the school's reputation for Hongo, Hongo convened a part begins with a good student repeat, test a small college, the study found some differences and surname of the students (the enrollment) to change over, Huang Tingbo This is the case.
proved another teacher, was In order to impart knowledge and educate, to learn good repeat previous graduates participated in the mobilization of small secondary school examinations. not allowed to sit for final year students enrollment, so to use the fresh Huangting Bo Huang Tingwei of Student Health.
of these defendants copies of the evidence, also cited the plaintiff to prove his good reason. Huang court said that this is just proof of student status issue is not the fault of his own, one-sided pursuit of the school enrollment rate requires students to do so is a universal behavior, the responsibility borne by the school In 1989, when the Linyi region made the admissions committee The notice is only normative documents, and the upper right to education law is inconsistent and should not be admissible.
interview, Huang told reporters that evidence to the contrary in this notice and admission of former college students in a lot of repetition. notification display: students apply for restricted repeat failed to pay sufficient attention to enroll students in an increasing proportion of repeat students, some schools as high as sixty per cent.
candidates to appeal after losing the first instance < br> Court of First Instance that the defendant in this organization in terms of the examination proper, legal procedures; the plaintiffs shall issue a political examination meet the political assessment report, no report of a procedural law meet the political point of view can not be established, the court shall not support; yellow secondary process in the ascending , the fraudulent use of student status and names of others took the exam, and has been in use ever since, is really a fraud, thought the quality of (a) problem, contrary to the undertaking to apply for civil service integrity, the defendant shall not be employed to meet the requirements for this is right.
2009 年 9 months, Laiwu Court rejected the claims of yellow. Xiao Huang refused to accept the appeal to the Shandong Provincial High Court. awaiting trial period, the small yellow on the Internet to gather information search to the famous lawyer Zhou Ze contact Zhou finally agreed to provide him legal assistance.
9 am yesterday, the administrative tribunal of Shandong Provincial High Court hearing the case.
Huang Zhou Ze court submitted prior to the complaint was amended on.
, said Zhou Ze, the first trial to identify, Linyi Municipal Public Security Bureau has been hired to be included in the list of yellow, but not by ministries and agencies of the audit, according to the provisions of the Administrative Procedure Law, it should inform the court of first instance small yellow, change the defendant or additional defendant, or directly notify the Shandong Provincial Public Security as the third person from the proceedings, then the case was tried directly, missing cases involving the violation of procedure.
said Zhou Ze, the audit of the ministries and agencies conduct the review of the legality, of course, should be trial court by the ministries and agencies, or as the third person to appear to prove the legality of conduct of their audit, and not by the two departments meddle in Linyi city. Meanwhile, Huang is really the first instance court found that fraud, ideological quality problems, making the yellow moral evaluation, beyond the statutory mandate. Moreover, even yellow ministries and agencies for approval and is not caused by fraudulent use of student status, nor is the People's Police Law and other rules prohibiting employment situation, the behavior of employment should not be corrected. Shandong Province Public Security Office of Audit did not pass on the yellow, then the two departments are not hiring Linyi, but not public grounds, and does not inform the yellow, the procedure is wrong. Therefore, the appellant requested revocation of the first instance decision, remand.
Linyi city personnel and public security departments requests rejected the appeal and upheld the original verdict. Linyi Municipal Public Security Bureau also said that Huang was not hired solely due to their own fault, should have its own responsibility; although the school with the fraudulent use of student status, but the main is the leading cause of yellow, and you wanted to test secondary school, not eligible, must resort to deception, the teacher can not press your hand to the examination, he said he did not responsibility, is inconsistent with the facts, a person's name and qualifications are very important information, which are false, and said something,?
minors Stain court to be concerned about the absence of court decisions
. hearing the day before, Huang told reporters, when the education department of the repeat students no legal basis for the provisions, when he was fresh, even if regarded as tainted, but when he was just 15 years old, too young, do they have to bear the stain for the so-called life-long consequences?
once the stain, including the former advantages can only be used to indicate who should not be decided now and in the future. Huang also believes that meet the political has become obsolete, are not the spirit of the law.
reporters and a few people chatting about the case, Jinan, there are two very different point of view, a species that have been tainted Who told you then? It serves you right, no reason to choose a recruiting department who has tainted a police officer, has every reason to selecting the best. Another voice is that small yellow may be true, antecedents are forgiven. court, Municipal Public Security Bureau agents that Huang was not aware of student status issues could lead to today's results, the situation in general is not necessarily correct, the end is responsible for fraud, no matter how long later, it remains a problem. He's dedicated police, it stands to reason can understand, but provides that the provisions.
lawyer Zhou Ze court case about the value: When some people use others to apply for enrollment, in fact, place unreasonable admissions policies forced prostitution, they just to avoid unreasonable enrollment requirements, for the legitimate right to education; if so deprive these people apply for the qualifications of civil servants, they are totally unfair, but also will not see such groups to the future and hope. Therefore, the case is disposed of correctly, meaning and historical value of their model is self-evident.
court Later Zhou Ze told reporters that domestic eradication of criminal records for minors has been specially constructed system and the small range of legal practice, but similar to the small yellow stain teenager elimination of moral or civil, scholars have not been in-depth discussion, involving a group since there is a need caused by Hwang, academic concerns.
(transferred from Dahe. of the chief reporter for the Dahe Liu Zhong)
word with agent:
second instance, the word
Dear Acting Presiding Judge, Judge:
Day law firm in Beijing asked to accept the appellant Huang Tingwei The commission, appointed counsel as his appeal of the Public Security Bureau of Linyi City, Linyi City Personnel Civil litigation employment dispute case agent. to accept the appellant's commission, I have carefully studied the verdict and the evidence of both the appellant The court of first instance to understand the situation. In accordance with the court found the facts and the law, issued the following advice agency for the collegiate bench reference:
agent of the lawyer's basic view is that procedural errors verdict; appellee employment of the appellant not illegal, and the employment of the appellant made the decision not to go against the principles of due process; the second instance court verdict should be withdrawn and the case back to the first instance court for retrial.
one, on the first trial in violation of procedure problem
(a) the appellant court of first instance should be changed or an additional defendant, the defendant, or directly notified Shandong Provincial Public Security as the third person from the proceedings, but did not change or additional defendant to the appellant, nor did it inform the Public Security, Shandong Province Hall as a third person from the proceedings, then the case was tried directly, omissions, participants in the proceedings.
the specific administrative act is the executive co-defendant.
according to Municipal Personnel Bureau and other departments to act. which involved the proposed hiring of Linyi Municipal Public Security Bureau for approval, Shandong Provincial Public Security Department review, approval of the Shanghai Personnel Bureau of Linyi City, the three links, and the Linyi Municipal Public Security Bureau to make hiring decisions to be examinations conducted jointly with the Bureau of Personnel, qualification and other links. any part of the law, may lead to the appellant can not be the last hired and damage the legitimate rights of the appellant. The Linyi Municipal Public Security Bureau, Personnel Bureau and the Shandong Provincial Public Security Department of any the illegal sector will cause a chain reaction, leading to the ultimate employment of the appellant not illegal, the law also requires the department to correct each other, the absence of any one sector are hard to correct that decision the appellant not to hire illegal. According to the appellant to be included in a list of persons employed civil servants, and report to Provincial Public Security Bureau. appellant Huangting Wei and I have not been hired publicity, because the appellant did not pass the Public Security Department review. Therefore, in this case not only the need to review the appellee Linyi City Police Bureau and the Personnel Bureau of the legality of acts of recruitment and publicity, but also need to review the proposed hiring of Linyi Municipal Public Security Bureau for approval the legality and acceptance of materials submitted for approval after the Shandong Provincial Public Security audit action is lawful.
court of first instance in the case trial, ignoring the Shandong Provincial Public Security of the specific administrative act litigation liability, not aware of the illegal conduct recruiting if sent to the Shandong Provincial Public Security Department of the verification link, only appellee Linyi Municipal Public Security Bureau and Personnel and the conduct of trial judges, will be difficult to correct the underlying illegal conduct recruiting, which omitted the important parties in Shandong Province Public Security Bureau. While the plaintiff sued the defendant is determined based on, but as the plaintiff in the civil, Sometimes, legal persons or other organizations may only be aware of their rights have been violated, and not necessarily able to accurately determine their legal rights against the specific administrative act made by the authority, which authority should be responsible for the specific administrative act, so In administrative proceedings, there will inevitably be the plaintiff sued the defendant, the case does not apply to cells, which requires the plaintiff to prosecute the people's court needs to be reviewed. If the plaintiff sued the wrong defendant, the court required the plaintiff has the responsibility to make changes. on the implementation of number of issues of interpretation additional defendant and the plaintiff does not agree, the people's court shall notify him to participate in the proceedings as a third party.
court hearing, the appellant should be additional changes to the defendant or the defendant, or directly notified Shandong Provincial Public Security as the third the legal proceedings. However, neither the appellant court of first instance to change or additional defendant, nor did it notify the Shandong Provincial Public Security as the third person from the proceedings, but the case was heard directly, there is obviously in violation of procedure.
(b ) Court of First Instance to review acts of the Third Party, contrary to the principles of the rule of law at your own risk.
own responsibility is the basic principle of the rule of law. China's Administrative Procedure Law in Article thirty-specific administrative act made by the defendant the burden of proof shall provide to the specific administrative act is based on the evidence and the normative documents, is a reflection of the content at your own risk. According to the principle of taking responsibility in the administrative proceedings, the People's Court of Appeal the plaintiff needs to the legality of specific administrative act review and the specific administrative act can only be responsible for the executive class to legal liability.
stressed that the principle of taking responsibility for behavior and the corresponding responsibility.
in the first instance trial, the appellee Linyi City Police Bureau of reply, said the council plans organized and implemented in strict accordance with recruiting, because the plaintiff exists in the examination fraud, impersonation of the situation, the political examination did not pass the Provincial Public Security Department review and therefore do not meet the employment conditions, we can not be hired publicity, the request shall dismissed the plaintiff's claim, because plaintiffs had also argued Personnel impersonation student status, name to participate in the exam, did not pass political examination, does not meet the employment conditions, according to the law can not be hired and publicity, requests dismissed the plaintiff's claim, and each submitted Linyi City, Shandong Province Public Security Bureau Public Security Bureau to consult materials submitted and the Shandong Provincial Public Security Department of the audit opinion as evidence.
are two reasons for the appellee's reply that the appellant was not hired and publicity, because the appellant Shandong Province Public Security Bureau did not pass the audit. but because of what the appellant did not get reviewed by Public Security Bureau in Shandong Province, the Shandong Provincial Public Security in the first instance did not participate in the proceedings, the appellant did not obtain approval and the reasons and factual basis and legal basis, has not made a public note, it is referred to the appellant the respondent two appellee exists in the examination fraud, impersonation of the situation, the political examination did not pass the Provincial Public Security Department review, and therefore does not meet the conditions of employment because the appellant had to take student status with the others, names to participate in the exam, did not pass political examination, does not meet the conditions of employment, full of Shandong Provincial Public Security Department review of the appellant by reason of the subjective judgments are not purely nonsense.
If the appellant is not recruitment and publicity, indeed, as appellee, Linyi City, Linyi City Personnel Bureau of the Public Security Bureau, or argue that the appellant in the examination system exists fraud, impersonation of the situation, the political examination did not pass the Provincial Public Security Department review and therefore do not meet the employment conditions or The appellant has impersonation student status, name to participate in the exam, did not pass political examination, does not meet the conditions of employment, then the appellant was not employed, and the review of the legality of publicity, in fact, need to review the Shandong Provincial Public Security audit action is legal. The audit of Shandong Provincial Public Security Department review of the legality, of course, by the Shandong Provincial Public Security Bureau should accept the trial court and adduce evidence to prove the legality of conduct of their audit, and not pre-empt by the two appellants.
two appellee argued that appellant exists in the examination fraud, impersonation of the situation, the political examination did not pass the Provincial Public Security Department review, the appellant does not meet the conditions of employment or student status was impersonation, name to participate in the exam, did not pass political examination, no meet the employment conditions, in fact, Shandong Provincial Public Security Department in the audit of the appellant to justify the legality of the actions. This is clearly contrary to the principle of taking responsibility for the rule of law and the responsibility, should be provided to the specific administrative act is based on the evidence and the provisions of the normative documents.
behavior in an audit the absence of Public Security, Shandong Province, the court went straight to the respondent based on the two appellee, Shandong Province Public Security Department review is not eligible for employment by the appellant's conduct and grounds for review, but also a clear violation of the principle of taking responsibility.
(c) the court of first instance by the moral evaluation of the appellant, beyond the statutory authority.
of the administrative proceeding Law Article, the provisions of Article V, respectively, and the people handling administrative cases, based on facts and law as the yardstick; People's Court administrative cases, specific review of the legality of administrative acts.
completely put aside disputes the court of first instance involved in a specific administrative act, subjective speculation appellee straight off the two trials of Shandong Provincial Public Security Department review is not by reason of the appellant and the appellant on the basis of thought identified quality problems, and then finds that appellee did not hire the two appeals legitimate, rational, completely contrary to the facts and law as the criterion of legal principles, and also a complete departure from the administrative proceedings should review the requirements of the legality of specific administrative act.
must point out that the people's court has no right to appeal the human mind to identify quality problems. the first instance court found that appellant thought quality problems, a purely moral trial of the appellant, there is no legal basis, is completely illegal.
Second, the appellee the appellant not employment is illegal, against the appellant's legal rights, should be corrected.
court of first instance in the volumes of evidence and facts found that people held in Linyi city police (civil servants) recruiting, the appellant through application, visual, written tests, interviews, access to meet the political, and political examination by the appellee after the Linyi Municipal Public Security Bureau to be included in the list of hiring staff, together with the related materials submitted to the Shandong Provincial Public Security audit. appellant did not pass the Shandong Provincial Public Security audit, the two appellants decided not to hire the appellant. Although the Shandong Provincial Public Security did not pass the audit of the appellant is not known exactly why, but the Public Security Bureau of Shandong Province, do not pass the audit of the appellant, and ultimately appellee, the appellant shall not result in recruitment of two results, is clearly wrong, illegal.
First, in the entity, the appellant admitted for the people in full compliance with the police (civil servants) conditions, and shall not be admitted to not civil case, the appellant shall not be unlawful employment.
appellant may not pass the Shandong Provincial Public Security Audit recruitment and publicity resulted in the appellant shall not, indeed, as the appellee in Linyi City, Linyi Municipal Public Security Bureau or the Bureau of Personnel of the debate that the appellant in the examination system exists fraud, impersonation of the situation, the political examination did not pass the Provincial Public Security Department review, the appellant does not meet the conditions of employment or student status was impersonation, name to participate in the exam, did not pass political examination, does not meet the employment conditions. but the lawyers that even if true, Shandong Provincial Public Security Department does not audit by the appellant is wrong, illegal, and thus on this basis the two appellee not to hire the appellant and of publicity, is also wrong .
the appellant in full compliance with the provisions of Civil Service Law Article XI of the conditions of civil servants should have no civil service provisions of Article Four shall not be employed as civil servants Zengyin subjected to criminal punishment of crime or has been discharged from public employment situation or the circumstances the law shall not be employed as civil servants in other cases. The appellant is also fully consistent with the Huang Tingwei the same village who took the exam student status. But this is completely illegal files at Linyi region repeat candidates in place unreasonable restrictions caused .1989 junior college, then made the admissions committee Linyi region strongly limit enrollment in the repeat candidates in the notice. specifically, by the Linyi region entirely in the admissions committee the right to education of administrative acts of the case, no alternative but to act. It is noteworthy that the appellant apply for use of other secondary school enrollment, only 15 years old, or minors, no ability to complete secondary school apply for the use of other acts of student status. appellant student status apply for secondary use of other people act entirely in pursuit of further education at the rate of the leading teachers and schools, help to complete, or even that the use of another student status complete secondary school apply teachers and schools was the behavior. appellee Linyi Municipal Public Security Bureau, Personnel Bureau, submitted as evidence, the appellant repeat examinations in secondary schools enrolled in secondary school enrollment tube by the teacher Yu-Peng Wang, prove that a part of good students repeat, test a small college, the study found some differences and surname of the students (the enrollment) to change over, Huang Tingbo This is the case.
As the appellant has used the name Huang Tingwei, it is entirely the legitimate rights of the appellant. as we called Prime Minister Li Peng, the original state, many other people take the name of Li are of the right of their name, like the appellant to change his name from the Huangting Bo Huang Tingwei, is also its right to a name, is not illegal. others call Huangting Wei, the appellant has the right to name Huang Tingwei, not to mention fraudulent use of another person's name so far. In fact, the appellant in the same village, Huang Tingwei identity information, residence information is completely different on both , only two of the same name only. Whatever the motivation, named and renamed itself is lawful.
the appellant apply for secondary school enrollment in the use of the behavior of others, the appellant no doubt has some responsibilities . After all, with others, the issue of student status apply for college, the appellant is the beneficiary. But others in the use of the appellant, whether the issue of secondary school enrollment applicants bear the responsibility of any kind, can not become eligible for cancellation of the reasons for the civil service recruitment .
appellant should bear any responsibility for this, although irrelevant, but still important to note that the appellant the appellant in the use of other people's right to education in secondary school applicants by the Admissions Committee was unreasonable in Linyi City, the limits , arranged by the school was forced to apply for student status with others, are themselves the victims. the appellant's conduct with another student status, there is no damage to the interests of others, and the behavior has occurred nearly two decades, has long been more than administrative or civil statute of limitations. If the recruiting agencies as grounds to cancel the appellant is still eligible for civil service employment, amounts to extrajudicial punishment imposed on the appellant.
Although the Civil Service Law, civil service hiring rules and public security organs in the people's police hiring methods, require applicants good conduct, but the appellant does not exist the problem of poor conduct. What is character? the Central Organization Department, Ministry of Personnel, the National People's Congress Law Committee, State Council Legislative Affairs Office organized the compilation of the clearly defined: the moral conduct is conduct, it is the individual in the activities in and out of a consistent character and behavior combined. As mentioned earlier, the appellant, after graduating from junior secondary school apply for the use of others to repeat student status act entirely in pursuit of further education at the rate of the leading teachers and schools, helping to complete, or even can be said that the behavior of the teacher and the school as well. It does not reflect the appellant's personal conduct at that time, it does not reflect the conduct of the appellant today . Moreover, the appellant apply in junior college after graduating from repetition, the use of another student status, which is then given the chance under the act, not the appellant as a continuity and consistency, character consistency is not the manifestation of the appellant . The fact is that the appellant in an adult, at work, life can get you approval. the ideological quality, work ability, were able to meet the requirements of good character. If only under specific circumstances when the use of the contingency of other names,UGG boots clearance, Linyi was not with the actual situation of the appellant was just the reality of minors, the school enrollment rate one-sided pursuit of the facts, to identify the appellant is not good conduct, is clearly wrong.
Trial Implementation) and other aspects; study group should be widely solicited opinions, be comprehensive, objective, fair, and truly written study materials. thinking performance, moral character, work ability, work performance, shortcomings and inadequacies, and lineal relationship between avoidance and I have a major impact on the situation of blood and other collateral; examination and meet the political leaders should follow the work of assessment and evaluation of the combination of people, organizations assessment and evaluation were comments by the combination of qualitative analysis and quantitative analysis, achieves the objective, comprehensive, and fair. only about 20 years ago, appellant schools and teachers in the use of other people under the guidance of the conduct of student status apply for secondary school failed to meet the political conclusion of the appellant is clearly not objective, is not comprehensive and unjust.
needs to be stressed is that citizen participation in national civil service examination is related to the citizens to stand for election, be elected as citizens Political rights are not arbitrarily deprived. and not the appellant hired appellee's decision, no doubt the political rights deprived the plaintiff is contrary to the constitution.
In short, the appellant fully meet the employment for the people and the police (civil servants ) conditions, the appellant shall not be employed is not legitimate.
Second, Shandong Provincial Public Security Department does not audit by the appellant, the appellant further so that the two appellants are not employed, but not public reasons, and not to the appellant and the appellant's excuse to listen to, obviously does not meet the requirements of procedural due process, the procedure is wrong.
due process and fundamental principles of the rule of law, but also the basic requirements of administrative law.
State According to the National Development 2004 (10) of the text's
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