传播法治要象讲故事一样深人人心
—— 云南高院许前飞院长谈更新理念打造法治传播新模式
童晓宁、唐时华
声音回放:
◆ 法院与媒体的关系,像一对生生死死、永不分开的朋友,相互依赖,互相促进。
◆ 每做一件事情,我们都要审慎掂量在社会公众中可能产生的影响和社会对事情的接受程度。
◆ 要变宣传为传播,如果找不准新闻点,就不能吸引观众的眼球,这样的新闻是没人看的。
更新传统司法宣传理念,变“宣传”为“传播”;注重社会公众的关注点,融法治传播于新闻热点报道中;一个十五分钟故事短片起到的重大效果。2008年1月15日下午,云南省高级人民法院举行的法治宣传座谈会上,云南省高级人民法院党组书记、院长许前飞的这些发言,让与会的云南新闻媒体、中央驻昆媒体记者耳目一新。
朋友与“护照”
2008年,云南全省法院在省级及以上媒体发表的新闻报道就有2900篇。云南高级人民法院仅在新华社云南分社一家媒体的内参、云南频道、视屏、手机媒体上发表的文字、图片就有300多篇左右,仅东航飞行员辞职案件判赔140万元,国内外采用媒体高达278家。
作为曾经担任海南省政府秘书长等职务的许前飞,和新闻媒体打交道是经常的事情。这位武汉大学法律系教授出身的学者型院长在定位司法与媒体的关系时,作了这样一个自称“不是很准确的比喻”: 更像是两个生生死死、永不分开的一对朋友。随后他作了这样一个解释:作为新闻媒体,需要很好的素材,而法院是就是一个很好的资源“富矿”,每天审理无数的案件,各种类型和情节的案件,往往能够吸引媒体的读者群。
“每个案件都是一个很好的故事,甚至故事后面还有故事。”许前飞说。
从公开的角度来说,许前飞认为,媒体是一个公开的形式,法院是在大庭广众之下审理案件,是阳光下的审判,这与媒体传播信息的功能是相同而且是彼此依赖的,相互促进的。
2008年底,云南高院首次聘请新闻记者担任“特邀观察员”,十名新华社、法制日报等媒体的“观察员”正式上岗。云南高院配套出台了特邀观察员管理办法,要求全省法院要积极配合、认真接受媒体监督,不得隐瞒推诿。
2009年1月15日,许前飞在与媒体的座谈会上,进一步提出要加大该制度的工作力度,并为特邀观察员制作相关证件,并在证件上备注保障采访的条款。
此举被媒体记者戏称为新闻监督“护照”。
审慎掂量影响和公众的接受程度
2008年12月28日,云南《生活新报》报道以《保安想看证件 竟遭法官殴打上铐》为题报道昆明市西山区人民法院3法官在执行一件案件过程中殴打某小区保安一事。在外地开会返回昆明的许前飞在飞机赠阅的报纸上看到了这条新闻。
派专人到昆明市中级法院配合对此事的调查;通过省高院新闻中心对新闻工作者的舆论监督表示感谢;责令西山区法院及昆明市中级法院对彻查此事。下飞机之后,许前飞随即作出指示,一切调查善后工作立即有条不紊地展开。
西山法院领导前往医院看望被打保安,当事法官被处理,拖欠农民工工资案件被圆满执行,社会公众进一步了解了法院的执行难问题。一条原本被媒体炒得沸沸扬扬的负面新闻得到妥善解决,不断发酵的事件逐渐降温。
在许前飞看来,所谓的“负面新闻”,正是对法院工作的一种促进,他并不认同“舆论杀人”、“媒体左右”这些说法。
“正是由于有了媒体等形式的监督,有了信息公开的机制,使得我们在做任何事情的时候,都要掂量这件事情在社会公众中可能产生的影响。”
到云南工作后,许前飞除了每天中午及晚上抽出时间上网,还要求法院新闻中心每天专人负责搜集、分析有关信息,编辑每天一期的《舆情通报》,专门供云南高院院领导参考。这些信息中,有关于全国司法机关、全国法院尤其是云南法院的经验做法、负面报道。
这种多数为“报忧不报喜”的信息专报,为云南高院掌握全省法院出现的问题,从而进一步解决纠纷,化解矛盾提供了决策参考。
2008年,许前飞在该院《舆情通报》上作出批示、要求相关部门予以关注和办理的,共计三十多份。
在与新闻媒体的座谈会上,许前飞这样盘点一年的云南法院“负面新闻”:“一些媒体对一些法院的各种所谓负面的报道,绝大多数是实事求是,可能极少数在具体的事情上有少量出入和细节的渲染,我觉得这些都不影响这个事件本身应该起到的监督功效”。
变“宣传”为“传播”
在近年来法院的机构设置中,“宣传处”或者“新闻中心”的职能通常被界定为:对外宣传。但是法院传统的宣传报道往往千人一面,缺乏生动活力,这也是法院新闻宣传急需突破的“瓶颈“问题。
对于这个方面,许前飞有着自己独特的心得。这位经常上网的院长对法院新闻宣传干部“支招”,就是要在“吸引公众眼球”的同时,传播法治思想。
一次在新闻中心的工作汇报会上,许前飞这样和新闻宣传的同志交流。
“在这个海量的信息社会,你说什么之前,首先要关注人家愿意听什么,天天说你如何高大、严肃执法,但是你说的再多,如果找不准新闻点,就不能吸引观众的眼球,这样的新闻实际上是没人看的”。
许多次,许前飞邀请新闻中心的同志一起进行新闻策划。就老百姓关注的问题,进行报道,寓法治传播于新闻报道之中。
云南铜业原董事长、总经理邹韶禄等人受贿案件,由于涉及金额巨大和云南铜业本身属于云南支柱产业的重点企业,公众广泛关注,对于这个案件的报道,许前飞这样启发新闻中心的同志:“在企业的管理层面上,怎么会形成这样大的一个惊天巨案,这么多的资金怎么会毫无障碍流进个人腰包?这是企业管理关注的问题。对于普通老百姓来讲,可能关注的是另外一个问题,比如现在云铜现在是个什么状况,老百姓可能在读这个故事当中会发现,这个事件对云铜是一个非常沉重的打击,但是云铜现在作为一个云南支柱产业,现在发展的非常好。”
既有故事情节,又能达到传播法治的目的。这样“有血有肉”的新闻报道,一下子就达到抓住公共眼球的目的,并显示出良好的传播效果。
这种新思维模式带来的效果立竿见影。2008年,云南法院探索成立了环保法庭,施行刑事民事行政三审合一,云南法院把设立环保法庭与杨宗海水污染事件联系起来,与新刑法的重大环境污染罪司法适用缺失,和整个云南在环境保护领域司法功能的缺失状况联系起来,进行了深入的分析思考,在全国产生了相当大的反响。
此外,云南法院审理的一个故意杀人案件,由于被告人的真诚忏悔,取得了被害人家属的真诚宽恕。此案被云南高院编成电视节目《血色宽恕》搬上荧屏,编成情景剧,活生生的故事,情与法的交织,许多观众深受震撼。著名法学家、武汉大学马克昌教授到云南授课,观看了节目,感慨刑事案件达到这样的效果,实属不易。
“这个15分钟的短片,党的政策、司法的宽严相济、中国人内在的朴素道德,都可以在这个故事中找到”许前飞这样点评。
作者单位:云南省高级人民法院
TRADE DESCRIPTIONS ORDINANCE ——附加英文版
Hong Kong
TRADE DESCRIPTIONS ORDINANCE
(CHAPTER 362)
ARRANGEMENT OF SECTIONS
ion
I PRELIMINARY
hort title
nterpretation
pecial provisions applicable to goldware
arking orders
nformation to be given in advertisements
II FALSE TRADE DESCRIPTIONS OR REPRESENTATIONS AND FORGED
TRADE
S
pplying a trade description, trade mark or mark to goods
ffences in respect of trade descriptions
rade descriptions used in advertisements
ffences in respect of trade marks
False representations as to Royal approval or award. etc.
False representations as to supply of goods
Prohibited import and export of certain goods
Power to exempt goods sold for export
III ENFORCEMENT
Appointment of authorized officers
Power to enter premises and inspect and seize goods and documents
Restrictions on the entry and search of domestic premises
Power to detain goods by locking or sealing premises or container
Powers of arrest of authorized officers
Disclosure of information, etc.
Offences of obstruction and disclosure of information
Penalties
Time limit for prosecutions
Offences by corporations
Offences due to fault of other person
Accessory to offences committed outside Hong Kong
Samples
Evidence by certificate
Rule of evidence regarding imported goods with false trade
ription
Description of trade mark in pleading
Defence mistake, accident, etc.
Innocent publication of advertisements
Costs in proceedings
Power to make orders with respect to property in possession of
the
n
Forfeiture and disposal of certain goods
[Repealed]
IV MISCELLANEOUS
Trade marks containing trade descriptions
Definition Orders
Saving for civil rights
Compensation for loss of goods seized under section 15 (1) (f)
Whole document
rohibit false trade descriptions, false marks and
misstatements in
ect of goods provided in the course of trade; to confer
power to
ire information or instruction relating to goods to be marked on
or to
mpany the goods or to be included in advertisements; to prohibit
the
thorized use of devices or emblems signifying an award by the
Queen or
Governor; to restate the law relating to forgery of trade marks;
and
purposes connected therewith.
pril 1981.]
PART I PRELIMINARY
hort title.
Ordinance may be cited as the Trade Descriptions Ordinance.
nterpretation.
In this Ordinance, unless the context otherwise requires--
ertisement" includes a catalogue, a circular and a price list;
horized officer" means a public officer appointed under section
14;
missioner" means the Commissioner of Customs and Excise and any
Deputy
ssistant Commissioner of Customs and Excise; (Added, L. N.
294/82)
vention country" has the meaning assigned to it by section 13A
(6) of
Trade Marks Ordinance (Cap. 43.);
se trade description" means--
a trade description which is false to a material degree;
a trade description which, though not false, is misleading, that
is to
likely to be taken for such an indication of any of the
matters
ified in the definition of "trade description" as would be false
to a
rial degree;
anything which, though not a trade description, is likely to be
taken
an indication of any of the matters specified in the
definition of
de description" and, as such an indication, would be false
to a
rial degree;
a false indication, or anything likely to be taken as an
indication
h would be false, that any goods comply with a standard specified
or
gnized by any person or implied by the approval of any person if
there
o such person or no standard so specified, recognized or implied;
or
a false indication, or anything likely to be taken as an
indication
h would be false, that any goods of any class or type--
being goods in respect of which duty is payable under the laws
of Hong
, are supplied free of the duty so payable in respect of that class
or
of goods; or
not being goods in respect of which duty is payable under the laws
of
Kong, are supplied free of the duty so payable;
ds" includes vessel and aircraft. things attached to land and
growing
s; "goods in transit" means goods which--
are brought into Hong Kong solely for the purpose of taking them
out
ong Kong; and
remain at all times in or on the vessel, aircraft or vehicle in
or on
h they are brought into Hong Kong;
ort" means to bring, or cause to be brought, into Hong Kong;
mises" includes any place and any stall, vehicle, vessel or
aircraft;
de description" means an indication, direct or indirect,
and by
ever means given, of any of the following matters with respect
to any
s or parts of goods, that is to say--
quantity (which includes length, width, height, area,
volume,
city, weight, and number), size or gauge;
method of manufacture. production, processing or reconditioning;
composition;
fitness for purpose, strength, performance, behaviour or
accuracy;
any physical characteristics not included in the preceding
paragraphs;
testing by any person and results thereof;
approval by any person or conformity with a type approved
by any
on;
place or date of manufacture , production,
processing or
nditioning;
person by whom manufactured, produced, processed or
reconditioned;
other history, including previous ownership or use;
de mark" means--
a trade mark relating to goods registered in Hong Kong under the
Trade
s Ordinance (Cap. 43.);
a trade mark registered in the register of trade marks kept under
or
erved by the Trade Marks Act 1938;
a trade mark--
registered, or in respect of which an application for
registration has
made, in a British territory or a Convention country; and
capable of registration in Hong Kong under the Trade Marks
Ordinance
trade mark relating to goods, and
) in respect of which a period of 6 months has not expired since
the
of the application for the registration thereof in a
British
itory or a Convention country.
(a) For the purposes of this Ordinance, goods shall be deemed to
have
--
manufactured in the country in which they last underwent a
treatment
rocess which changed permanently and substantially the shape,
nature,
or utility of the basic materials used in their manufacture; or
produced in the country in which they were wholly grown or mined.
The Commissioner may by order specify--(Amended, L. N. 294/82)
in relation to any description of goods, what treatment or process
is
e regarded for the purposes of this Ordinance as resulting
or not
lting in a permanent and substantial change in shape, nature, form
or
ity of the basic materials used in their manufacture;
in relation to any description of goods different parts of which
were
factured or produced in different countries, or of goods
assembled in
untry different from that in which their parts were
manufactured or
uced, in which of those countries the goods are to be regarded
for the
oses of this Ordinance as having been manufactured or produced.
This subsection shall not apply to goods which are the subject
of a
ce published under subsection (2A).
The Director-General of Trade may by notice in the Gazette specify
in
tion to any description of goods (being goods that are subject
to a
me of import or export control specified in the notice) the place
in
h the goods are to be regarded for the purposes of this Ordinance
as
ng been manufactured or produced, and any such goods shall, for
the
oses of this Ordinance, be deemed to have been
manufactured or
uced in such place. (Added 96 of 1991, s. 2)
For the purposes of this Ordinance, a trade description or
statement
ished in any newspaper, book or periodical or in any film or sound
or
vision broadcast shall not be deemed to be a trade description
applied
tatement made in the course of a trade or business unless it
is or
s part of an advertisement.
pecial provisions applicable to goldware.
Notwithstanding the definition of "false trade description" in
section
trade description which indicates the fineness (whether in parts
per
sand or in carats) of gold shall be a false trade description if
that
cation is false to any extend or degree, except by understating
the
ness.
For the purpose of construing descriptions relating to the
fineness of
--
a description indicating that an article, or the metal in an
article,
o many carats shall be presumed to be an indication that the
article
etal is of gold, and that its fineness is that specified in the
table
he Schedule for that number of carats;
paragraph (a) shall not apply if (as in a case where the article
is a
ious stone) the word "carat" is used as a measure of
weight for
ious stones, and not as a measure of fineness.
Notwithstanding the definition of "false trade description" in
section
a trade description which indicates that any article (other
than an
cle of pure gold) is of gold shall be a false trade description
unless
article consists solely of gold alloy and--
contains not less than 8 carats of gold; or
bears a mark clearly indicating in carats, by number or by number
and
letters "k", "c" or "ct", the fineness of the gold content; or
) bears a mark clearly indicating in parts per thousand the
fineness
he gold content; and
a mark calculated to be taken as an indication of the fineness
of gold
n article--
which is plated with or enclose in gold alloy or gilded; or
to which gold alloy is soldered or otherwise affixed, shall
be a
e trade description unless it is manifest from the appearance of
the
cle that the mark refers solely to the part of the article
which
ists of gold alloy.
Any number of 1 or 2 digits on an article which indicates or
purports
ndicate, or is likely to be taken as an indication of, the fineness
in
ts of its gold content shall be a false trade description unless
the
cle contains at least the same proportion of pure gold as the
number
s to 24.
Any number of 3 digits on an article which indicates or
purports to
cate, or is likely to be taken as an indication of, the fineness
in
er of parts per thousand of its gold content shall be a false
trade
ription unless the article contains gold of such a
standard of
ness.
For the purposes of this section "fineness" means the
proportion of
gold in accordance with subsection (4) or the number of
parts by
ht of gold in accordance with subsection (5) as the case may
require.
arking orders.
The Governor in Council may by order require that any goods
specified
he order shall be marked with or accompanied by any information
ther or not amounting to or including a trade
description) or
ruction relating to the goods and, subject to the provisions of
this
nance, impose requirements for securing that the goods are so
marked
ccompanied, and regulate or prohibit the supply of goods with
respect
hich the requirements are not complied with; and the requirements
may
nd to the form and manner in which the information or instruction
is
e given.
Where an order under this section is in force with respect to goods
of
description, any person who, in the course of any trade or
business,
lies or offers to supply goods of that description in
contravention of
order commits an offence.
An order under this section may make different provision for
different
umstances and may, in the case of goods supplied in
circumstances
e the information or instruction required by the order would
not be
eyed until after delivery, required the whole or part thereof
to be
displayed near the goods.
nformation to be given in advertisements.
The Governor in Council may by order require that any
description of
rtisements of any goods specified in the order shall contain or
refer
information (whether or not amounting to or including
a trade
ription) relating to such goods and subject to the provisions of
this
nance impose requirements as to the inclusion of that
information or
n indication of the means by which it may be obtained.
An order under this section may specify the form and manner in
which
such information or indication is to be included in
advertisements of
description and may make different provision for
different
umstances.
Where an advertisement of any goods to be supplied in the
course of
trade or business fails to comply with any requirement imposed
under
section, any person who publishes the advertisement
commits an
nce.
PART II FALSE TRADE DESCRIPTIONS OR REPRESENTATIONS AND
FORGED TRADE MARKS
pplying a trade description, trade mark or mark to goods.
A person applies a trade description or trade mark or mark to goods
if
affixes or annexes it to or in any manner marks it on or
incorporates
ith--
the goods themselves; or
anything in, on or with which the goods are supplied;
places the goods in, on or with anything which the trade
description
rade mark or mark has been affixed or annexed to, marked
on or
rporated with, or places any such thing with the goods;
uses the trade description or trade mark or mark in any manner
likely
e taken as referring to the goods; or
makes in any affidavit, declaration or writing any statement
to the
ct that a trade description or trade mark or mark is applicable
to the
s.
An oral statement may amount to the use of a trade
description or
e mark or mark.
Where goods are supplied in pursuance of a request in which a
trade
ription or trade mark or mark is used and the circumstances are
such
o make it reasonable to infer that the goods are supplied as
goods
esponding to that trade description or trade mark or mark, the
person
lying the goods shall be deemed to have applied that trade
description
rade mark or mark to the goods.
ffences in respect of trade descriptions.
Subject to the provisions of this Ordinance, any person who--
in the course of any trade or business--
applies a false trade description to any goods; or
supplies or offers to supply any goods to which a false
trade
ription is applied; or
has in his possession for sale or for any purpose of
trade or
facture any goods to which a false trade description is
applied.
its an offence.
A person exposing goods for supply or having goods in his
possession
supply shall be deemed to offer to supply them.
Subject to the provisions of this Ordinance any person who
disposes of
as in his possession any die, block, machine, or other instrument
for
purpose of making, or applying to goods a false trade
description
its an offence unless he proves that he acted without
intent to
aud.
rade descriptions used in advertisements.
The following provisions of this section shall have effect where
in an
rtisement a trade description is used in relation to any
class of
s.
The trade description shall be taken as referring to all goods
of the
s, whether or not in existence at the time the
advertisement is
ished--
for the purpose of determining whether an offence has been
committed
r section 7 (1) (a) (i); and
where goods of the class are supplied or offered to be supplied
by a
on publishing or displaying the advertisement, also for the
purpose of
rmining whether an offence has been committed under section 7 (1)
(a)
.
In determining for the purposes of this section whether any goods
are
class to which a trade description used in an advertisement
relates,
rd shall be had not only to the form and content of the
advertisement
also to the time, place, manner and frequency of its publication
and
other matters making it likely or unlikely that a person to whom
the
s are supplied would think of the goods as belonging to the class
in
tion to which the trade description is used in the advertisement.
ffences in respect of trade marks.
Subject to the provisions of this Ordinance, any person who--
forges any trade mark;
falsely applies to any goods any trade mark or any mark so
nearly
mbling a trade mark as to be calculated to deceive;
makes any die, block, machine or other instrument for the
purpose of
ing, or of being used for forging, a trade mark;
disposes of or has in his possession any die, block, machine or
other
rument for the purpose of forging a trade mark; or
causes to be done anything referred to in paragraph (a), (b), (c)
or
commits an offence unless he proves that he acted without intent
to
aud.
Subject to the provisions of this Ordinance, any person who
sells or
ses or has in his possession for sale or for any purpose of trade
or
facture, any goods to which any forged trade mark is applied,
or to
h any trade mark or mark so nearly resembling a trade mark as
to be
ulated to deceive is falsely applied, commits an offence.
For the purposes of this section, a person shall be deemed--
to forge a trade mark who either--
without the assent of the proprietor of the trade mark, makes
that
e mark or a mark so nearly resembling that trade mark as
to be
ulated to deceive; or
falsifies any genuine trade mark, whether by alteration,
addition,
cement or otherwise;
falsely to apply to goods a trade mark who without the assent of
the
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