Why is reporting a citizen's right and obligation?
Article 41 of the Constitution of China stipulates: "The people and citizens of China have the right to criticize and make suggestions to any state organ or functionary; Any state organ or functionary shall have the right to lodge a complaint, accusation or report to the relevant authorities on illegal and dereliction of duty, but shall not fabricate or distort facts to make false accusations or frame up. For citizens' complaints, accusations or exposures, the relevant state organs must find out the facts and be responsible for handling them. No one can suppress it, and no one can retaliate. "In order to ensure the realization of citizens' right to report given by the Constitution, China's laws have made specific and clear provisions on this. The first and third paragraphs of Article 84 of the Criminal Procedure Law stipulate: "Any unit or individual has the right and obligation to report or accuse a criminal fact or suspect to a public security organ, a people's procuratorate or a people's court." "The public security organ, the people's procuratorate or the people's court shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent authorities. " Paragraph 3 of Article 85 stipulates: "Public security organs, people's procuratorates or people's courts shall ensure the safety of informants, complainants, informants and their close relatives. Informants, accusers and informers who are unwilling to disclose their names and the acts of reporting, accusing and exposing them shall keep them confidential. " Article 254 of the Criminal Law stipulates: "Any functionary of a state organ who abuses his power, engages in malpractices for personal gain, retaliates against or frames a complainant, complainant, critic or informer shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years. " From the above provisions of the Constitution and laws, it is not difficult to see that reporting is a broad democratic right granted to citizens by law. As long as citizens find criminal facts and suspects, they can report to the relevant departments. Citizens realize the democratic rights of managing state affairs and supervising state functionaries endowed by law through reporting, which is strictly protected by state laws. Those who report meritorious deeds will also be rewarded or commended. It should be noted that the rights and obligations of citizens are consistent, especially the rights and obligations of citizens to report, which are both unified and dual. Reporting is both a right and an obligation. While enjoying the right to report as stipulated by the Constitution and laws, citizens must fulfill their reporting obligations as stipulated by the Constitution and laws. As long as illegal and criminal acts are found, they have the right and obligation to report them boldly. Only in this way can we truly enjoy and realize the power entrusted by the Constitution and laws. Editor: Xichong County People's Procuratorate Article Source: Xichong County People's Procuratorate