Sheng Dian Dynamic | Lawyer Han Su of our institute was invited to teach "Administrative Compulsory Practice" to the comprehensive administrative law enforcement teams of various streets in a certain district, advocating civilized law enforcement.

2023.03.01

On the afternoon of February 24, 2023, lawyer Han su, senior partner of shengdian law firm, was invited by the urban management and comprehensive law enforcement bureau of a district in Shenzhen to share and exchange administrative enforcement practices with legal officers, law enforcement officers and resident lawyers of the comprehensive administrative law enforcement teams of various streets in the jurisdiction.

At the beginning of the exchange meeting, lawyer Han Su briefly introduced the basic content of the the People's Republic of China Administrative Enforcement Law (hereinafter referred to as the "Administrative Enforcement Law"); he pointed out that the recent hot event: "Sanya, Hainan has launched creative law enforcement to collect children's desks and chairs." It is a typical representative of administrative coercive behavior. If its own law enforcement behavior is obviously illegal, it is not a so-called civilized law enforcement behavior.

Subsequently, lawyer Han shared an administrative lawsuit he represented involving the seizure of vendors' vehicles, pointing out that because the law enforcement process did not pay attention to procedures and did not strictly implement compulsory measures in accordance with the relevant provisions of the Administrative Enforcement Law, administrative coercive acts were illegal, and the administrative counterpart took advantage of the lion to claim more than 300,000 yuan. Although the evidence has been continuously improved through multi-party investigations, and the public security has assisted in obtaining fixed evidence from surveillance videos around the site involved, the illegality of the procedure itself cannot be avoided. Through this case, it can be seen that the cost of uncivilized law enforcement that does not follow legal procedures is huge. It not only fails to achieve the purpose of urban appearance management, but also discredit the image of the law enforcement team and damage the positive construction of a government under the rule of law.

At the end of the exchange meeting, lawyer Han Su advocated that administrative law enforcement should pay attention to methods and methods, and not to show the "thunderous" law enforcement power at every turn. How to balance law enforcement strength and efficiency is worthy of serious consideration by law enforcement workers, which also tests the wisdom and ability of law enforcement workers.

Lawyer Profile

THE LAWYERS

Han Su

Lawyer Han Su has 16 years of practice and is a senior partner of Shengdian Law Firm. He has served as perennial legal counsel for many administrative agencies such as Nanshan, Futian, Luohu, Dapeng New District in Shenzhen. Management comprehensive law enforcement, major administrative decision-making, administrative reconsideration, administrative litigation and other businesses, good at resolving urban management law enforcement disputes, and rich experience in litigation agency in civil, commercial and criminal litigation.