Li Xia: The Principle of Lawful Evidence-taking Must Be Adhered to in the Legal Regulation of Uncivilized Behaviors

Currently, the Government of Beijing Municipality is planning to adopt legislation to regulate and punish such uncivilized behaviors as spitting or walking a dog without a leash in public places, not sorting out garbage, disturbing residents with square dance, etc. An online and off-line questionnaire investigation has been carried out on August 5-25 to provide reference for the legislation. Recently, the newspaper China City News interviewed some experts, including Professor Li Xia, an associate research fellow at CASS Institute of Law and the Secretary General of the CASS Center for Cultural Law Studies, on a number of issues relating to the proposed legislation, such as effective supervision, the reporting of uncivilized behaviors, and appropriate punishments for uncivilized behaviors. In the interview, Professor Li Xia pointed out that, once the legislation is adopted, the collection and preservation of evidence will become a crucial issue. The legislation should follow the principle of lawful evidence-taking. The relevant evidences should mainly include the recordings of the surveillance cameras in public places; the testimonies of witnesses; the pictures and video recordings taken by witnesses. As for the question of how to deal with an uncivilized behavior that occurs in a public place where there is no surveillance camera or the surveillance camera is broken and there is no witness or other auxiliary evidence, Professor Li suggested that, since most uncivilized behaviors affect the daily life of urban residents, special methods can be adopted to collect evidences of some recurrent uncivilized behaviors. For example, if some often walks dog in a neighborhood without a leash, indirect evidence can be collected through interview investigation of the residents of the neighborhood. Professor Li Xia also pointed out that in the formulation of the legislation, it is important to make clear distinctions between uncivilized behaviors, criminal acts, and violations of law in a general sense. On the one hand, it is necessary to make it clear that the uncivilized behaviors provided for in the legislation refers to those behaviors that are dangerous, but have not yet resulted in any damage; on the other hand, efforts must be made to ensure the compatibility and the coordination between the proposed legislation and relevant laws and administrative regulations and avoid the conflicts between them.