View Full Version : Method of eliminating malady in our society
Wang Feng
03-10-05, 05:53 PM
The method of eliminating varied malady in our society
----Designing Regulation (1)
Chapter 1 How to catch the briber and bribee efficiently
Chapter 2 The method of appraise group leader's achievement (Chain method)
Chapter 3 Reform education system
Chapter 4 Improve the efficiency of justice system
Chapter 5 Improve the efficiency of police and investigate structure
Chapter 6 Recycle all material human produce
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Chapter 1 The solution for corruption problem
1. All court and investigate organ must independent and free from control of local party's committee in every aspect, include personal appointment and finance, just like Chinese army. We knew that (in China) the local communist party leader couldn't exert his effluent on army in his region.
2. We must have several country-cover investigate organ and independent each other. They compete each other just like company dos.
3. All the confiscate illegal income and recovered stolen property by court ruling will belong investigators and informer as their bonus and make them fortune overnight. For they take high risk. That is "third- distribution of civil income" (legal income=>illegal income=>legal income). In other words, in view of law, once the property has been stolen by corrupt official, it dos no longer belong its original owner, it dos belong a group of investigators, but the essential prerequisite is that the corrupt official must been sent to prison firstly.
4. The principle of pursuing corruption official who has escaped to abroad, is "only for person and give up money". For reward catching guilt person back, part of his property will belong foreign lawyer, informer and police, another part of his property will belong the financial agency who cooperate with investigation.
5. The principal for punish bride criminal is "you will free from court sentence if you betray your partner" (Thorough Unsymmetrical Principal). We only punish one partner of bride and have no effect on another partner. Who will free from prison dependent thoroughly on the extent he cooperate with investigator. If a corrupt official surrender to prosecutor before briber, not only his post will preserve, but also his bride money will become legal income, and only briber will be punished severely. On the other hand, if briber surrenders to prosecutor before corrupt official, not only he will exempt from suit, but also his illegal profit exchange by bribe will protect by law, and the corrupt official who accepted bribe would be punished. It has to point out that: if all of two partners cooperate with investigator, their distinct fate will be decided by tiny difference (for instance, the briber informed at morning and the corrupt official surrendered at afternoon). Under this sharp difference result of punishment and reward, though the two partners can maintain their alliance at beginning, while after the power-money trade has completed, they will sink into the dangerous situation of suspicion each other.
Supplemental regulation: Because briber has not obtained any benefit yet while the corrupt official accepted the money, so we have to regulation that, if briber inform to prosecutor, he will not only recover the bribe money, but also obtain several time of fine from the corrupt official.
We can apply this Thorough Unsymmetrical Principle to all bribe criminal action (include sex-bribe). Further more, we could also apply it to various kind of criminal group. That is "you will free from prison if you betray other member of criminal group". It will make criminal organization collapse, and make policemen easy to infiltrate criminal group. Because he could act as real criminal member doing, and dos not worry about be indict later.
Wang Feng
/Luoyang city/Henan province/China
99peak88@163.com
23 June 2005
************* To be continue *************
Wang Feng
04-10-05, 09:43 AM
The method of eliminating varied malady in our society
----Designing Regulation
** continue ***
Chapter 2 The method of appraise group leader's achievement (Chain method)
In normally, we use several statistic figures to appraise the working achievement of chief company's leader or government official. For example, GDP, gross sale, profit, the price of share in stock market, etc. But we know, the government and company's chief leader (Assessed Object) have enough power to change these figure above for favorable to themselves. So we have to use an impersonal technique to measure these leader's working achievement.
The "chain method" is, predecessor's achievement dos evaluate by his successor. The formula is bellow: (it include 2 part)
(successor's anticipation - predecessor's original anticipation) + (the actual quantity in predecessor's tenure - predecessor's original anticipation)
The successor and predecessor's anticipation would be gross sale, profit or other kind of figure. But we prefer to use "tax for central government" as achievement quantity. We explain every factor bellow.
Successor's anticipation: one post of chief leader must be competed by several eligible persons. Only in this way, the anticipated quantity can approach actual quantity, and then it can be used to measure predecessor's achievement. Every eligible man must make statement that the anticipate target he will achieve if he take the power. In normal, the post of leader will belong eligible who made highest target quantity (the highest bidder).
The actual quantity predecessor achieved in his tenure: subtract his original anticipation target quantity (he made while he competed for this leader post originally) from this quantity dos compose part-2 in formula above.
Predecessor's original anticipation: when tenure has expired, the successor for this leader post will determine by competed program mentioned above. We subtract predecessor's anticipation target quantity (he made when he competed for this leader post originally) from successor's anticipation quantity (this men made for this leader post now) dos compose part-1 in formula above.
In this way, all predecessors and successors form a chain. Every one will be restricted by his successor. In fact, the numerical quantity this formula dos measure is the "Sustainable Development Ability" of a company or an administrative division.
According this formula, every successor will take the leader post at minimized expense of anticipation quantity; and after take the post, he will do his best to promote his company's potential develop power and maintain it as long as possible, not only to maximize actual achievement quantity in this tenure, but also do his best to maximize his successor's Anticipation Quantity above his own.
Example one:
In his tenure, a chief leader of a company obtained excessive profit by the expense of ruining company's reputation; or a chief official of local government achieve higher GDP than before by the expense of deteriorating environment. The result of this kind of action will be seen after 1 or 2 tenures (several years). According this formula, it will make negative effect on his achievement quantity, for his successor will offer lower Anticipation Quantity. His successor must consider how much Anticipation Quantity the next successor will make for his own. We could magnify this kind of effect by add coefficient in this formula.
Example two:
In his tenure, a chief leader of local government devoted to reduce administration costs, decrease companies and citizens tax burden. As result, the income of inhabitant in this area will increase; this administrative division will become more appeal to investor. This will increase his achievement quantity by that formula, for the potential successors will offer his predecessor higher Anticipation Quantity in compete for the official post, although the predecessor's working dos not take result rapidly in his own tenure.
My readers would occur a question like this: several persons form an alliance, one partner would obtain the official post by highest anticipation which beyond fact, and offer his partner (predecessor) high achievement value in order to make him be promote. This thing will hardly happen. According the formula, if Anticipation Quantity more than actual achievement quantity, the minus quantity will occur, eventually the successor will receive tow time of minus quantity, the earning will less than lose in the whole alliance. And we a can magnify this "collapse effect" by add coefficient in the formula.
In that formula, the value is GDP, gross sale, or profit, price of share in stoke market, but it is more reasonable to use "potential tax-ability" (only for central government) to assess leader's working achievement in his tenure. Because the money for tax must be hand over, so we can avoid government or company's leader exaggerate his achievement by false statistics or account book. And for company and local government, the ability of tax normally consistent with ability of obtaining profit. The ability of tax will decline when its ability of obtaining profit has dropped. The state never tolerate a company obtain large sum profit with less tax contribution; in same thing, the owners of a corporation cannot bear their corporation contributes large tax and obtain less profit. So we use "potential tax-ability" to make government and company has same interest.
So we modify that formula as bellow:
(SA - PA) + (AT - PA)
(The tax of successor anticipate to pay - the tax of predecessor originally anticipate to pay) + (actual sum of tax paying in this tenure - the tax of predecessor originally anticipate to pay)
If a leader of a company paid excessive tax in his tenure for the sake of raises his achievement, then its profit will decrease, the company has not enough money maintain its developing ability in future, so in fact, his achievement quantity will decrease. If part of company's property has lost, although the sum of tax has not change in shot time, but the "potential tax-ability" will surfer negative affect. There is same situation in local government. So it is feasible to use "potential tax-ability" to assess group leader's working achievement. To ensure this, we need regulation in detail as bellow.
First, we have to determine what kind of tax can be use to measure group leader's working achievement. It depends on the purpose of the tax. In principle, if the tax is local government or company's burden, and cannot produce profit to local area in shot time, we could use it as measuring value. On the other hand, the money that the local government use to municipal construction dos not be used as measuring value, for it will transform into "potential tax-ability". The tax for achievement measure may include expenditure on education, senior citizen's pension, citizen's medical insurance, and tax for central government. Because in modern society, population shifting became more frequent, so the expenditure of pension and medical insurance shall better be separated from local government. All of the money dos earmark a fund for its specified purpose only.
Second, all quantity of "achievement assess tax" must belonging different Assessed Object (person been assessed), correspond (map) one by one, none overlap, none repeat calculation, and none "blind area". In this way all of Assessed Objects be restricted each other. In order to avoid our Assessed Object "borrow" tax value from another place for him achievement quantity.
So we divide the Achievement Assess Tax as bellow.
(A) The assessed quantity for bottom layer government (town, street) is citizens pay retirement insurance for age, medical insurance, and income tax. The reason is the base government dos more know well about citizen's income condition in his administrative area. This sum of money will use for education expenditure specially (It will be described in Chapter 3 --- Reform education system.). At first, this money will concentrate to central government, then distribute to every school by local parliament.
(B) We divide central government's tax to 3 parts, and use to assess 3 group of leader's working achievement. They will collect the certain part of tax by themselves and then hand in central government.
(1) The tax paid by company (except state owner enterprise) should count as county government's (or city's district government) achievement. This level of government will collect this part of tax, and use for expenditure of national defense, court system, and investigation agency. Note, the investment made by central government will promote certain local government's Potential Tax-ability, so the achievement quantity will be deducted correspond. The deducted value will be determined by justice system described in Chapter 4.
(2) The tax produce by bank's loan should count as bank leader's working achievement. In normal, a company's ability of obtaining profit consistent with Potential tax-ability. If a company cannot repay bank's loan, its value of tax will decrease inevitably. If the gross sale rocket up, the tax will increase. This sum of money is used for expenditure of citizen old-age pension and medical insurance. Like education expenditure mention above, it will concentrate to central government, then distribute by local parliament.
(3) The tax produce by state-owned property should count as achievement of state owner enterprise leader. Province government will collect it. And use for expenditure of running central government and province government. So this level of government will very concern about state owner enterprise's benefit and management.
*** To be continue ***
Wang Feng
04-10-05, 09:51 AM
The method of eliminating varied malady in our society
----Designing Regulation
Chapter 1 How to catch the briber and bribee efficiently
Chapter 2 The method of appraise group leader's achievement (Chain method)
Chapter 3 Reform education system
Chapter 4 Improve the efficiency of justice system
Chapter 5 Improve the efficiency of police and investigate structure
Chapter 6 Recycle all material human produce
******** continue ************
Chapter 2 The method of appraise group leader's achievement
The procedure in detail is: There are 3 group of tax collector in every revenue bureau. They divide every sum of tax paid by company according promissory proportion every partner made before. Then send to central government separately.
The reason of this arranges: Most of company supported by bank, and a company also shared by state owner and private owner. A company's tax-ability will increase after he borrowed money from bank. So this part of tax quantity will be minus and count as bank leader's working achievement.
The result of this regulation is: Bank reluctantly lends money for consumption loan, and company reluctantly invests into stock market, for this kind of action cannot produce tax. Another possible result is: Local government would concentrate in economic affair and neglect protecting natural environment and maintaining ancient building. In fact, the Potential Development Ability will increase if a local administrative area has good natural environment, security social surrounding, convenient for children go to school, and has plenty of ancient treasure. For it will attract more investors and excellent workers.
Wang Feng
/Luoyang city/Henan province/China
99peak88@163.com
30 June 2005
Chapter 3 Reform education system
At first, we have to choice a kind of quantity to appraise Education Achievement. We can measure it by student's marks in examinations, or employment rate of graduate. But in fact, the education achievement is achievement the graduate student made in his working post when he entry society. Further more, this achievement is a visible quantity. That is income of graduate every year. And income condition can be reflected by his income tax paying, retirement insurance paying.
The society needs many years to obtain profit from its education investment. So the span of time use to measure graduate student's society effect must longer enough (5 or 10 years). The Education Achievement of college, university, high school and professional training school will be measure by graduate's income condition. For elementary school and junior middle school, we still use the number of entry high school (or professional training school) students to value education achievement, because their graduates is the source student of high school and professional training school. High school and professional training school will improve their recruit examine technique for their own interest.
In detail, every year, a government agency will count up quantity of income tax and retirement insurance paid by every school's every term graduate in this year (they maybe also count the number of criminal and medallist). Then according this statistics, we classify every school into different grade, and this kind of assess will take annually. The Achievement Quantity of element school and junior middle school is the Number of their graduates entry each grade high school or professional training school (and eventually receive diploma). The more its graduates accepted by excellence school, the higher Achievement Quantity the element school obtain. Every year, the school and its teacher's income will depend on this quantity.
Exactly, the government agency mentioned above is base level (town, street) of local government. They collects income tax and retirement insurance as their own Achievement Quantity. It must clear here that, instead become old-age insurance fund, all of this sum money will send to schools which the taxpayers original belong. In other words, college (professional training school) teacher's income dos come from the graduated student's income whom they cultured in the past years. In this way, we can prevent some school employ trickery on Achievement Quantity.
Part of the old-age pension expenditure dos comes from tax produce by bank's loan. It is reasonable, because in fact the bank's loan dos derive from citizen's deposit. Another part of old-age pension expenditure dos comes from company paid Central Government Tax which collected by county government (or city's district government). The pension will pay according everyone's record of income tax paid and retirement insurance paid in the past years. In modern society, proportion of aged people becomes higher and higher, it is difficult to maintain balance between retirement insurance paying by young and old-age pension expenditure. Another, young people shifting from this region to other region becomes more frequent. So if expenditure of old-age pension make by central government, this kind of welfare will cover all population and cannot have negative effect when they migrate.
For obtain higher achievement quantity, every school not only do their endeavor to culture excellent student in order expecting high income in future, but also make their student aware the obligation of income tax. On the other hand, if the school discovers that one of its student has bad moral character and predict that he will make money by illegal way (gray income) after graduate, the school will dismiss him early and left the education chance to another good moral person.
We also use Chain Method described in previous chapter to measure school leader's working achievement. According this regulation described above, the government will spend money to "buy" the achievement of education, and school will take many years to obtain profit just like build motorway or irrigation works (Element school's education achievement will determine finally only after his student graduate from university or professional training school), so we will also use "chain method" described in chapter 2 to measure school's Sustainable Development Ability just like company dos. In this way, education will become a profitable industry that can attract investment from private fund, and also produce tax for local government. Further more, if central government "buy" Education Achievement in same "price" and regardless region difference, because the cost of culture a student in poverty region is lower, then the profit will very higher, in this way, the investment for education will decline to poverty region in this country.
The expenditure of element school and junior middle school dos also comes from citizen paying retirement insurance. In normally, taxpayer always concern where his paid money be used. In this regulation, people will see transparently that the money they paid be use to educate their next generation.
The main source of education expenditure is people's paying retirement insurance. The reason is, for base level local government (who collects income tax, retirement insurance, medical insurance), it is easy to find out one person in his administrative region dos working where and whether employ or not, and it is difficult to find out how much money he make. So it is easy to collect retirement insurance than collect income tax.
For high-educated people, the value of income tax imposes on them according their diploma (doctor, master) regardless their income condition. In other words, base local government will impose certain sum of income tax on an employer if he has an employee who has master or doctor diploma. And this sum of money will sent to the university the doctor (or master) originally belonging. This regulation force university releases their diploma carefully. If the doctor or master they cultured cannot find a job with high salary, the school will loss education fund. Under this regulation, employers will try their best to apply automatic equipment and employ professional trained worker, because a company with lower salary, lower technique, and large number of laborer will hard to obtain profit. The expenditure for income tax (or retirement insurance) will rise.
Wang Feng
/Luoyang city/Henan province/China
99peak88@163.com
4 July 2005
****** To be continue *******
Wang Feng
04-10-05, 10:18 AM
The method of eliminating varied malady in our society
----Designing Regulation
Chapter 1 How to catch the briber and bribee efficiently
Chapter 2 The method of appraise group leader's achievement (Chain method)
Chapter 3 Reform education system
Chapter 4 Improve the efficiency of justice system
Chapter 5 Improve the efficiency of police and investigate structure
Chapter 6 Recycle all material human produce
********* continue **********
Chapter 4 Improve the efficiency of justice system
First of all, we have to determine a quantity to measure judge's working achievement. For penal case, we use "penal year" (number of sentence year imprisonment); for civil case, we firstly convert the object of the case into value of money, and then convert money into Penal Year by fixed rate.
We can use Penal Year to measure two aspect of judge's working achievement. One is the "number of sentenced case", judge's salary or bonus will depend on this; another one is "number of unjust case", we will promote or dismiss a judge according this. We measure "number of unjust case" by "correct quantity", it is difference between the judge's own sentence and final sentence (quantity of penal year). A judge will obtain Correct Quantity from other judge's wrong sentence and subtract his own wrong sentence from it. And further, we need limit the right of appeal, that is: only the judges in same rank have right to appeal to higher court.
For a judge who made a judgment for a case, his Correct Quantity is the difference between his own sentence and final sentence, and always is minus quantity. And we will calculate his Working Quantity as this method: if penal year of his sentence big than final sentence, the Working Quantity is 2 time of Correct Quantity subtract from his origin sentence; if penal year of his sentence small than final sentence, his Working Quantity is his origin sentence. We use an example bellow to make it clear.
A Base Rank Judge A sentenced a criminal case to 5 years imprisonment. But prosecutor considered the punishment is too light. The prosecutor dos need another same rank judge's support in order to appeal to higher court. Then Base Rank Judge B sentenced the same criminal case to 15 years, judge B will appeal to higher court and choice a Middle Rank Judge C. Middle Rank Judge C sentence this case to 12 years.
If there are no objection from other same rank judge, we can calculate judge A and judge B's Working Quantity and Correct Quantity base on judge C's sentence.
Judge A (origin sentence 5 years): Correct Quantity always is negative quantity, 5 year - 12 year = -7 Penal Year, his Working Quantity is 5 Penal Year.
Judge B (origin sentence 15 years): Correct Quantity is his own "wrong quantity" (12-15= -3) subtract from judge A's Correct Quantity (7 year), that is 7 year - 3 year =5 Penal Year. His Correct Quantity could more if his original sentence is 12 year.
Judge C: Working Quantity is 12 Penal Year.
If judge A think judge C's sentence is unjust, he can start further appeal program. First, he has to seek a Middle Rank Judge D to support his sentence. Middle Rank Judge D's sentence is 5 years remain, and Middle Rank Judge D appeal to High Rank Judge E for final sentence 10 years. Then we calculate every judge's Correct Quantity base on High Rank Judge's sentence (10year) bellow.
Judge A (origin sentence 5 years): Correct Quantity always is negative quantity, 5 - 10 = -5 Penal Year, his Working Quantity is 5 years.
Judge B (origin sentence 15 years): Correct Quantity is his own "wrong quantity" (10-15= -5) subtract from judge A's Correct Quantity (5 year), that is 5 - 5 =0 Penal Year.
Judge C (origin sentence 12 years): Correct Quantity always is negative quantity, 12 year - 10 year = -2 Penal Year, his Working Quantity is 12 - 2*2 = 8 Penal Years.
Judge D (origin sentence 5 years): Correct Quantity is his own "wrong quantity" (5-10= -5) subtract from judge C's Correct Quantity (2 year), that is 2 - 5 =-3 Penal Year.
In theory, this appeal program can go further continually, dos not limit in 3 level courts (base, middle, high). But the result is same ---to approach justice near and near. Provide we insure the highest-level court justice; the whole system will maintain its justice. If a judge make different sentence and appeal to higher court, he has to stake his prospect on his justice. The judge will take higher risk if he bends the law for the benefit of relatives and friends (graft). In this way, the number of appealed case will decrease enormously. So judges in higher court will concentrate their energy on unjust cases. If a case goes through so many levels of courts and eventually reach highest court, it will draw attention of public. Then the judge in highest court will feel it is difficult to practice favoritism.
All judges will do their best to seek other judge's error, to avoid his Correct Quantity become negative, to accumulate more positive Correct Quantity for promotion. Every one will make mistake sooner or later. If a judge never appeals to higher court for afraid to take risk, his Correct Quantity will become negative sooner or later. His post will become precarious condition.
If the judge aware that the investigator extort a confession by torture, he will refuse to sentence for his own interest.
For civil case, judge has to attach his sentence the value of the object, and then convert money into Penal Year by fixed rate. If other judge disagrees with his assess, he will appeal to higher court.
Example:
A judge made a judgment that one of house belongs to the accused and assess it 200,000$. Another judge made a different judgment that the house belong to plaintiff, and assess it 150,000$. The final court decision (made by higher court) is the house belongs to plaintiff and the value is 180,000$. Base on it we can calculate two judges Correct Quantity bellow.
Judge A: Correct Quantity is negative quantity of wrong judgment (-180,000$) plus negative quantity of wrong assess (180,000$ - 200,000$ = -20,000$), that is -200,000$. His Working Quantity is wrong assessing quantity -200,000$. And convert it into Penal Year.
Judge B: Correct Quantity is his own "wrong assessing quantity" (150,000$ - 180,000$= -30,000$) subtract from judge A's Correct Quantity (+200,000$), that is 200,000$ -30,000$ = +170,000$.
It must be point out that judges obtains both Working Quantity and Correct Quantity only after the sentence has been executed. Judge must consider weather his sentence can be executed.
This kind of arbitration system describe above not only use to criminal and civil case, but also use to any affair of appraisement or assessment, like expert testimony or property assessment. We could see that the judges in this special identify system or assessment system must be expert in both law and specialty.
Wang Feng
/Luoyang city/Henan province/China
99peak88@163.com
8 July 2005
************* To be continue *************
Wang Feng
04-10-05, 11:07 AM
The method of eliminating varied malady in our society
----Designing Regulation
Chapter 1 How to catch the briber and bribee efficiently
Chapter 2 The method of appraise group leader's achievement (Chain method)
Chapter 3 Reform education system
Chapter 4 Improve the efficiency of justice system
Chapter 5 Improve the efficiency of police and investigate structure
Chapter 6 Recycle all material human produce
********** continue *********
Chapter 5 Improve the efficiency of police and investigate structure
1. Because criminal group always is inter-province, so the investigate organ (procurator organ) must is inter- province also. There must be 10-5 of investigate agency which coves the country and independent each other. They compete each other just like company dos. All court and investigate agency must independent in personal appointment and finance. just like Chinese army.
2. The illegal income been confiscate and recover stolen property by court ruling will belong investigators and informer as their salary or bonus. For they take high risk.
3. We use Penal Year to measure investigate organ's working achievement. Penal Year is the actual executed quantity. For example, the criminal stayed in prison 1 year, the prosecutor organ that takes the accusation will obtain 1 Penal Year. In this way, it will become difficult if a prisoner want to escape punishment by bail, for it must be censor strictly.
4. In normal, prisoner works in prison farm or factory, and the prison enterprise has responsibility transform bad man to Goodman. So if ex-convict return to crime, the prison enterprise will be impose a large fine in order to make the enterprise deficit.
5. Prosecutor organ will execute civil case adjudged by court. And the value of object will be converted to Penal Year by fixed rate; the expenditure of execution will be paid by central government. In this way, court's decision will be executed efficiently.
6. We also use the "chain method" to appraise working achievement of prosecutor organ leader (predecessor's achievement dos evaluate by his successor). So the investigate organ will seek for criminal just like businessman hunt for fortune opportunity. The formula is bellow: (it include 2 part)
(successor's anticipation - predecessor's original anticipation) + (the actual quantity in predecessor's tenure - predecessor's original anticipation)
Successor's anticipation: one post of chief leader (chief prosecutor) must be competed by several eligible persons. Only in this way, the anticipated quantity can approach actual quantity, and then can use to measure predecessor's achievement. Every eligible man must make statement that the anticipate quantity of Penal Year he will obtain if he take the post of chief prosecutor. In normal, the post of leader will belong eligible who made highest target quantity (the highest bidder).
The actual quantity of Penal Year predecessor obtained in his tenure: subtract his original anticipation target Penal Quantity (he made when he competed for this leader post originally) from this Penal Quantity dos compose part-2 in formula above.
Predecessor's original anticipation: when tenure has expired, the successor for chief prosecutor will determine by competed program mentioned above. We subtract predecessor's anticipation target Penal Quantity (he made when he competed for this leader post originally) from successor's anticipation Penal Quantity (this men made for this leader post now) dos compose part-1 in formula above.
In this way, all predecessors and successors form a chain. Every one will be restricted by his successor. In fact, the Achievement Quantity this formula dos measure is the "Sustainable Development Ability" of a investigate organ.
In any region of the country, there are several investigate organ competes each other just like company dos. So investigate organ need to establish good credit among informers. If one of chief prosecutor dos not spare expose informer for crack criminal case, his successor will suffer lose, his Achievement Quantity will decrease. Further more, according the regulation mention above, Penal quantity is actual executed quantity, it must take many years after sentence to obtain. If an investigator extort confession by torture, though the victim dos in prison, sooner or later the case will be appeal to higher court, the expectative Penal Year will lose, and the successor's Achievement Quantity will decrease.
These inter -province investigate organ will restrict each other. Like court system described in Chapter 4, one prosecutor organ's error may transform into other prosecutor organ's Achievement Quantity. Further more, attach to the error, one prosecutor organ can also obtain part of confiscate (or fine) property from other prosecutor organ. We use similar example in Chapter 4 to explain it.
Prosecutor organ A indicted a corruption criminal, and Base Rank Judge C sentenced the criminal to 5 years imprisonment, the confiscate illegal income and recover stolen property will belong prosecutor organ A. But another prosecutor organ B considered the punishment is too light. Then prosecutor organ B dos need another same rank judge's support in order to appeal to higher court. Then Base Rank Judge D sentenced the same criminal case to 15 years, judge D will appeal to higher court and choice a Middle Rank Judge E. Middle Rank Judge E sentence this case to 12 years.
If there is no objection from other same rank judge, we can calculate prosecutor organ A and prosecutor organ B's Working Quantity and Correct Quantity base on judge E's sentence.
Prosecutor organ A: Correct Quantity always is negative quantity, 5 year - 12 year = -7 Penal Year, his Working Quantity is 5 Penal Year.
Prosecutor organ B: Correct Quantity is prosecutor organ A's Correct Quantity (+7 year). And the confiscate illegal income and recovered stolen property will be divided between prosecutor organ B and prosecutor organ A by proportion of 7:5.
We will calculate prosecutor organ A's Working Quantity as this method: if Penal Year of original sentence big than final sentence, the Working Quantity is 2 time of Correct Quantity subtract from the origin sentence; if Penal Year of original sentence small than final sentence, his Working Quantity is his origin sentence. Bellow is example of excessive penalty.
Prosecutor organ A indicted a corruption criminal, and Base Rank Judge C sentenced the criminal to 15 years imprisonment, the confiscate illegal income and recover stolen property will belong prosecutor organ A. But another prosecutor organ B considered the punishment is too heavy. Then Base Rank Judge D sentenced the same criminal case to 5 years. Finally middle Rank Judge E sentence this case to 12 years. Then, prosecutor organ A's Correct Quantity always is negative quantity, 12 year - 15 year = -3 Penal Year, his Working Quantity is 15-3*2=9 Penal Year. Prosecutor organ B's Correct Quantity is prosecutor organ A's Correct Quantity (+3 year). And the confiscate illegal income and recovered stolen property will be divided between prosecutor organ B and prosecutor organ A by proportion of 3:9.
Wang Feng
/Luoyang city/Henan province/China
99peak88@163.com
12 July 2005
************* To be continue *************
Wang Feng
04-10-05, 11:11 AM
The method of eliminating varied malady in our society
----Designing Regulation
Chapter 1 How to catch the briber and bribee efficiently
Chapter 2 The method of appraise group leader's achievement (Chain method)
Chapter 3 Reform education system
Chapter 4 Improve the efficiency of justice system
Chapter 5 Improve the efficiency of police and investigate structure
Chapter 6 Recycle all material human produce
********** continue *******
Chapter 6 Recycle all material human produce
There are two main sources that pollutes our environment. One is west gas or liquid discharge from manufacture process. Another one is wear merchandise discard by people (that is trash if we cannot reprocess it).
The solution about trash is: to establish Recycle System, reuse every human produce material just like natural biological world dos, our earth will become a world without any trash. To achieve this goal, we have to assess all merchandise's Recycle Expenditure, and impose extra tax upon its producer, and then pay this sum to Recycle Factory. To complete this complex task, we have to rely on honest and sufficient assessment system and supervision system. Exactly, the assessment system is judicial system described in Chapter 4, the supervision system is prosecutor organ system described in Chapter 5.
When merchandise wore out and ends its use- life, what force can drive its user send it to Recycle Factory instead throw away carelessly? The force is money but not consciousness exists in people's heart. Central government must provide enough subsidize to Recycle Factory in order to make it buy west merchandise in proper high price, and convert it into useful material, and also obtain perfect profit. This kind subsidy dos come from Recycle Tax impose upon this merchandise's producer. While the manufacturer develop a new generation of product which easy to recycle, the judge will determine its Recycle Tax quantity. And the quantity of certain merchandise's Recycle Tax never been changed after finally determined by judge.
Under this regulation, any wore merchandise will become valuable commodity. Consumer will sort out their trash consciously. For all of recycle expenditure dos come from manufacturer, they will try their best to make the product become easy to recycle, in order to decrease the Recycle Tax, and decrease the price subsequently, and then make their product become more competitive in market. The manufacturer dos not only consider the cost of produce, but also must consider the cost of recycle while they develop a new product, that because the consumer will pay the expenditure of recycle eventually, they will refuse new product if the price is high.
Example:
One company developed its second generation of refrigerator. Base rank judge A considered the recycle expenditure is much less than first generation product. So he made decision that impose every refrigerator Recycle Tax 400$ (that is only 1/5 of first generation refrigerator's Recycle Tax). This sum collected by government and deposited in special account. In future, government will pay Recycle Factory 400$ while he process one of this kind worn refrigerator. The government will pay this sum money immediately without any check. Prosecutor organ will supervise all process of recycle.
After 3 years, One prosecutor discovered that, the Recycle Factory bury the worn refrigerator underground instead process it. So he rose suit to another Base Rank judge B. Judge B modified the Recycle Tax is1500$ plus 50,000$ fine, and appeal to higher court. The final sentence is: the Recycle Tax is 1600$ plus 50,000$ (fine belong the prosecutor organ). Then according Chapter 4 (justice system), we can calculate Correct Quantity of judge A and Judge B.
Judge A's (origin sentence 400$) Correct Quantity always is negative quantity: single product is 400-1600= -1200$, and multiply output quantity.
Judge B's (origin sentence 1500$ plus 50,000$fine) Correct Quantity: single product is 1200+(1500-1600)= +1100$, and multiply output quantity, plus 50,000$fine.
Because merchandise dos sale to everywhere of the country, so the Recycle Tax is central government tax. But it dos not use to appraise working achievement of base level local government, and will been collected by higher-level local government according judge's sentence. It will benefit to revenue if we band Recycle Tax with Value-added Tax, because any merchandise will be sold to recycle factory eventually, and the invoice (Value-added Tax invoice) is the evidence to apply government's subsidy, so consumer will ask seller provide invoice while buy any merchandise.
The cost wills very high while we start to establish the recycle system described above. So at first, we impose Recycle Tax on part of human product (plastic bag and battery), and extend gradually to all human products. Finally, all material human produce can recycle, the Recycle Industry has large number of employee and large scale as manufacture industry, the use-life of merchandise will become shorter, and be replaced frequently. We will impose Recycle Tax on import merchandise also, and return Recycle Tax while it be exported in order to make seller repay it to other country's government.
This Recycle System also applies on west gas or liquid discharge from manufacture process. Further more, we have extra regulation for discharging west liquid carelessly: If a administrative division that located in upstream has a factory discharge west liquid into the river, the nearby local government in downstream has right to extort huge indemnity on the same level local government in upriver (the sum dos directly come from its Central Government Tax) while he detect that the river in his section has polluted substance, and needless to found out who is the polluter. For certain administrative division, if the extent of pollute is same between flow-in water and flow-out water in the river, the local government received money will be equal with his paid money.
Wang Feng
/Luoyang city/Henan province/China
99peak88@163.com
16 July 2005
Wang Feng
12-12-05, 08:21 AM
We could also impose Recycle Tax on all industrial material, and judge shall decide how much money of it will shift onto product that be made from this kind of material.
Wang Feng
12-12-05, 08:27 AM
We could collect together income tax, retirement insurance and medical insurance, and pay it immediately to the schools that taxpayer has been educated. After several decade, central government shall pay old people pension and medical insurance premium according their past tax payment record.
It is better that medical insurance be running by insurance company, for it will lower medical cost by market effect if we make regulation as bellow: The duration of all insurance contract must less than 3 years (1 year commonly), and insurance company must pay hospital’s bill in any condition (except court has another decision). In this way, old people can determine annually an insurance company with good reputation, and medical premium will paid by central government. And insurance company shall determine annually the list of hospital that he promises to pay the medical bill. The hospital with high medical cost will be eliminated from the list.
Wang Feng
09-11-06, 04:13 PM
Supplement: If one case is not justice, maybe in late, there is more than one judge will appeal for correcting this wrong sentence. It is same Correcting Quantity calculate method (for measure working achievment) for this situation: He will obtain Correcting Quantity from (by time sequence) former (same rank) judge's wrong sentence and deduct his own wrong sentence from it.
Wang Feng
09-11-06, 04:20 PM
Question 1: If the briber dares to betray corrupted officer, it will deteriorate his relationship with government officer.
Answer: Of course he will keep secret while investigate organ has not detected it. But when he face investigator, there are two choices: Be send to prison for maintain his "good reputation" in “Corrupting Circle”, or betray his partner.
Question 2: In normally, investigator’s inquest behind close door, he can determine who is first confessant by his own favorite.
Answer: Here is a technical solution: We could establish a “Confession Box” that made by transparent material in a downtown public place, each file insert it will pile above another in time sequence, and been printed date automatically. The confessant (company with investigator) could insert his confession file into the “Confession Box”, and investigator preserve a copy. In later, if someone has doubt about who is first confessant, we could open this Box in public, and check it by the copy.
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