致死孙志刚的收容条例是温家宝废除的,与吴邦国没有关系

有自我鼓吹很懂中国政治的一位,吹捧吴邦国对废止当年致死大学生孙志刚的《城市流浪乞讨人员收容遣送办法》有贡献。

我作为亲历者把这事叙述:当时舆论先起,然后法学界的三位青年法学者联名写信给人大要求废除《城市流浪乞讨人员收容遣送办法》,因为这是国务院制定的条例,按照立法法的规定,只有人大有权有权废止与上位法相违的国务院条例。

总理温家宝看到舆情当晚即电话国务院法制办,要求提出处理应对意见。(备注:当时的中国国务院法制办主任是曹康泰(2002年9月 – 2010年4月)

人大法工委与法制办是对口工作联系部门,知道法制办在根据指示就此事作出应对措施后,走过场式的按照内部处理程序提出一个对三位青年法学者要求违宪审查的意见,由吴邦国批示。

法制办提出两种对策,废止或修改,温家宝直接批示废止,法制办加班加点制定出《城市生活无着的流浪乞讨人员救助管理办法》。

这事功在温家宝,与吴邦国一分钱关系没有!

消息来源:多语者寡信 @RossLee567091

该人自称:法学博士,美国访问学者

英文翻译

The shelter regulations that killed Sun Zhigang were abolished by Wen Jiabao, and had nothing to do with Wu Bangguo
There is a person who boasts that he knows Chinese politics very well, and he praised Wu Bangguo for his contribution to abolishing the “Measures for the Sheltering and Repatriation of Urban Vagrants and Beggars” that killed college student Sun Zhigang.

As an eyewitness, I recounted this incident: At that time, public opinion arose first, and then three young legal scholars in the legal community jointly wrote a letter to the National People’s Congress to request the abolition of the “Measures for the Sheltering and Repatriation of Urban Vagrants and Beggars”, because this is a regulation formulated by the State Council. According to the provisions of the Legislative Law, only the National People’s Congress has the right to abolish State Council regulations that violate the superior law.

When Premier Wen Jiabao saw the public opinion, he called the State Council Legislative Affairs Office that night and asked for suggestions on how to deal with it. (Note: The director of the Legislative Affairs Office of the State Council of China at that time was Cao Kangtai (September 2002 – April 2010))

The NPC Legal Affairs Committee and the Legislative Affairs Office are counterparts. After the Legislative Affairs Office responded to the incident according to instructions, it went through the motions and followed the internal procedures to put forward an opinion on the unconstitutional review requested by the three young legal scholars, which was approved by Wu Bangguo.

The Legislative Affairs Office proposed two countermeasures, abolition or amendment. Wen Jiabao directly ordered the abolition, and the Legislative Affairs Office worked overtime to formulate the “Management Measures for the Relief of Homeless Beggars in Cities”.

This achievement is Wen Jiabao’s, and has nothing to do with Wu Bangguo!

Source: Multilingual People Have Little Faith @RossLee567091

The person claims to be: Doctor of Law, Visiting Scholar in the United States

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