Chapter 58 Chapter Fifty-six Public Events Expect "Independent Investigation"

For major public events, in addition to investigations by relevant government departments, an independent social investigation mechanism should be established and improved so as to give the public a more convincing conclusion. Until the reporter’s press release on February 1, 2010, the public was still in the process of waiting and guessing about the final conclusion of the investigation on the collapse accident of the approach bridge at Kunming New Airport... At around 2:20 pm on January 3, 2010, most people were still immersed in the last joy of the holiday. The approach bridge of Kunming New Airport, which was undertaken by Yunnan Construction Engineering Group Municipal Construction Co., Ltd., suddenly collapsed during construction, killing 7 people 8 people were seriously injured and 26 people were slightly injured.

After the tragedy, the relevant person in charge of Yunnan Construction Engineering Group told the media that the Yunnan Construction Engineering Group Corporation is currently organizing relevant personnel and departments to analyze the cause of the accident, and said: "It is not ruled out that there are weather reasons, such as wind." This statement aroused strong doubts from the public, and it was accused of intending to shirk responsibility. The reporter's investigation found that after many major public events such as the collapse of the approach bridge at Kunming New Airport in the past, the first reaction of the parties involved was to cover up and shirk their responsibilities. In addition, there were obvious shortcomings in the event investigation mechanism, which led to public distrust of the investigation conclusions. Doubts abound.

Many interviewed experts believe that for some major public events, in addition to government investigations, an independent social investigation mechanism should be established and improved in order to give the public a more convincing conclusion.The authority at the corresponding level can avoid units that have an interest in the incident, designate professionals from all walks of life to form an independent investigation team, and grant the right to investigate the incident, and finally form an investigation report. In recent years, many major public events have occurred in our country, such as mine accidents, building collapses, bridge collapses, car accidents, accidental deaths, etc. These events have attracted a lot of attention in the society. Proclamations such as "full investigation" and "severe punishment will not be punished", but the reporter found from the analysis of major public events that occurred in the past, some of them were investigated and released by relevant departments, and the public's doubts were dispelled, but there were also many investigation conclusions that the public did not buy. , and even the wave of doubts is higher than the wave.For example, the Zhou Tiger incident, the Shishou 6.17 major mass incident, the Yunnan "peek-a-boo" incident, the Hangzhou drag racing incident, the incident of officials buying villas, and so on.

After the occurrence of these major public events, if the first reaction of the responsible person is to conceal the truth, the result will not only make the truth of the event more confusing, but also create a breeding ground for rumors to fly everywhere. To make matters worse, whenever the investigation conclusions of an incident are questioned by public opinion, there will usually be higher-level intervention or the investigation team will re-investigate, but the investigation conclusions are often quite different from the original conclusions, and converge to public speculation.The more this is the case, the more serious the public's doubts.

In view of this phenomenon, the interviewed experts generally believe that the public does not easily trust the conclusions of the investigation. Confidence in the conclusions of public incident investigations. According to people familiar with the matter, many of the investigation teams sent by the superior authorities in the past were able to carry out objective and in-depth investigations in a responsible manner, but some superiors, out of the mentality of "protecting the calf", considered it from the perspective of "keeping the family ugly". However, often the investigation team has not yet arrived at the scene of the incident, but the caliber of the outside world has already been unified.

Many interviewed experts also believe that the current investigation mechanism of public incidents in my country still lacks a set of specific procedures for seeking the truth, including the qualifications of investigators, the openness and transparency of investigation procedures, and so on.Therefore, the truth and the results of its announcement will definitely be questioned by the public to the greatest extent. "For the investigation of public events, the fairness of itself, to a large extent, has an inevitable connection with the investigation procedures of the event, and determines the credibility of the conclusions of public events." Professor Li Chengyan, a doctoral supervisor at the School of Government and Administration of Peking University accepted During the interview, the reporter believed that "in the current investigation procedures, some lack the necessary avoidance mechanism, which not only leaves hidden dangers to the fairness of the investigation of the incident, but also lacks sufficient credibility in the society."

"The investigation conclusions of some major public events in the past have been tested and proved by time to be completely objective, fair and reasonable, but the public still did not trust the investigation conclusions." Professor Qi Shanhong, a doctoral supervisor at Nankai University, pointed out in an interview with reporters, "In fact, the reason is very simple. In addition to the problems in the investigation process, it also indirectly reflects the serious lack of the moral integrity system of the whole society." During the reporter's interview, the interviewed experts repeatedly mentioned the 6.28 incident in Weng'an, Guizhou and the 6.17 mass incident in Shishou, Hubei.They generally believe that the reason for these mass incidents, apart from ineffective handling, is mainly the failure to provide convincing investigation conclusions to the public in a timely manner.

"Our society is in a period of prominent contradictions in the process of transformation and development, and social instability factors are increasing." Yin Yungong, a researcher at the Chinese Academy of Social Sciences, said in an interview with reporters. If it becomes a criminal case, it will seriously affect the harmony and stability of the society, and this issue should be taken seriously.” During the reporter's interview, many interviewed experts suggested that with the transformation of our society, citizens' awareness of exercising the right to know, the right to participate, and the right to supervise has become increasingly strong. The practical necessity and urgency of the investigation system have become increasingly prominent.

"In the face of major public events, in addition to the traditional internal investigation of government departments, we can test the waters of the independent investigation system." Li Chengyan suggested, "In some controversial events, independent investigations can better get rid of the constraints of various interests and be more professional. , Explore the truth of the facts more objectively, expand the public’s right to know, strengthen supervision, and form a win-win effect of mutual restraint and joint promotion with government investigations.” According to experts, the independent investigation system has a long history abroad.In many countries, not only the media, but also some social groups will conduct independent investigations outside the government whenever there are major public events that cause a national sensation, and publish their findings in a timely manner.These socialized conclusions are also a kind of great pressure on the officials—except to announce the truth as soon as possible, there is no other way to go.It can be said that the check and balance of power against power is realized in this invisible confrontation.

"Building an independent investigation system for major public events is aimed at returning the event to the objective truth, which is conducive to improving the government's credibility, bridging social differences, and promoting social harmony and stability." Researcher at the National School of Administration and vice president of the National Policy Science Research Association Secretary-General Dr. Hu Xianzhi believed in an interview with reporters, “To a certain extent, the investigation of the truth of major public events is a game between different stakeholders, and independent investigations can also provide real and powerful evidence for the court’s fair judgment.”

It is understood that some places in my country have actively explored the establishment of an independent investigation system for major public events.For example, in the "peek-a-boo" incident, relevant departments in Yunnan Province invited people from the political and legal circles, representatives of media reporters, and representatives of netizens to participate in the investigation. Very ice-breaking. In the "fishing" law enforcement case in Shanghai, the Pudong District government organized an independent investigation team consisting of deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, lawyers, and media reporters from the central and local governments. It quickly restored the truth of the incident and brought the "fishing" fact to the surface. , calmed down the vicious development of the situation. In addition, in the "Xu Baobao" incident in Nanjing, the efficiency of the independent investigation team is so high that it is even more commendable compared with the independent investigation team of the Pudong New Area government. It only took one day to discover the truth. The independent investigation system provided valuable experience from the practical level. At present, in our country's laws and regulations, there is no clear regulation on whether a special agency should be established to conduct independent investigations on major public events. "Independent investigations can be completed independently in a planned and organized manner by professionally qualified personnel. The investigation and collection of materials will not be controlled or interfered by any power or interest factors." Du Liyuan, a lawyer from Beijing Zhongsheng Law Firm, said in an interview with reporters. "According to my country's national conditions, the people's congress at the corresponding level can avoid all units that have a stake in the incident, select authoritative professionals from all walks of life to form an independent investigation team, and grant investigation powers, and promptly disclose the investigation information to the public, so as to prevent public power from Black box operation." "The personnel of the independent investigation team can mobilize relevant public security, discipline inspection, and prosecutorial personnel from the central government or other provinces and cities. At the same time, media reporters and public intellectuals with certain social credibility can be jointly formed as citizen representatives, and then appointed. One of them is the chief investigator." Du Liyuan also suggested, "During the investigation of the incident, the interested parties no longer have the right to interpret and publish the incident. What they can do is to cooperate with the investigation of the independent investigation team and conduct Evidence, defense, etc." The interviewed experts believe that although the independent investigation conforms to public opinion, it has no legal basis from a legal point of view.To solve the fundamental problem, we must also rely on the National People's Congress to start the monitoring process. This will not only reduce the loss of government credibility, but also strengthen the authority of the National People's Congress as a legislative and supervisory organ, and at the same time provide legal basis for independent investigations.Because according to my country's Constitution and laws, the National People's Congress has the right to supervise major events. "Independence is relative. Everyone in the incident, due to their different positions, will more or less have their own interests and inextricable connections in it." Hu Xianzhi believes, "So in the selection of independent investigation team members When doing so, the key contacts of some major responsible persons should be avoided. In addition, the members of the independent investigation team need to be representative to a certain extent, representing not only professional objectivity, but also the voices of all sectors of society, especially Pay attention to the selection of representatives of the interests of ordinary people and vulnerable groups, and lay the foundation for improving the credibility of independent investigation conclusions." During the interview, many interviewees also specifically reminded that the establishment of the independent investigation team is to make the investigation conclusions closer to the truth of the incident, but if the relevant supporting mechanisms are not perfect, it is not ruled out that the independent investigation team will be affected by the incident. The influence of other parties, thus leading to unfair conclusions of the investigation. In response to the above-mentioned concerns of the interviewees, Hu Xianzhi suggested: "The independent investigation system should strengthen its own code of conduct and system construction, especially to implement disciplinary regulations on its own investigation behavior, formulate some industry regulations and taboos, so that the investigation behavior can be carried out smoothly. In addition to adhering to the neutral and objective standpoint of independent investigation, during the investigation process, it is necessary to ensure that the investigation activities do not accept any order or interest influence from any party. Investigators do not accept financial assistance from stakeholders, and do not accept food that may affect the conclusion. and other activities, so that the conclusions of independent investigations can be truly objective, thereby convincing the public.” "In the case of a serious lack of honesty, it is necessary to start with strengthening education and legal norms, and then establish an honesty mechanism." Qi Shanhong believes, "The specially organized investigation team may not be affected. This temporary project An organized organization may not necessarily have a strong sense of responsibility. Issues such as the professionalism, independence, representativeness, legality, and long-term effectiveness of investigation agencies are all worthy of our exploration." At the same time, Qi Shanhong also suggested: "In the absence of a clear legal system arrangement, especially the personnel participating in the independent investigation team must understand that if they falsify the investigation conclusion, it will not only violate moral integrity, but also violate the law, so as to enhance their self-discipline awareness. .Avoid such a phenomenon: when you are a bystander, you often criticize others for dishonesty; Only when you always adhere to the belief of integrity in your own leading actions can a social integrity system be built.” In the opinion of many interviewed experts, justice has a formula, and this formula is a procedure.Only when the government, the public, the news media, and relevant interest groups form a benign interaction in a transparent game can the conclusions of investigations of major public events be closer to the truth of the event.