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Where to apply for the parade?
Submit an application to the local public security agency at or above the county level. For specific regulations, please refer to the "Law of the People's Republic of China on Assemblies, Processions and Demonstrations"
Order of the President of the People's Republic of China No. 20
(Adopted at the 11th meeting of the Standing Committee of the Seventh National People's Congress on October 31, 1989)
Contents
No. Chapter 1 General Provisions
Chapter 2 Application and Permit for Assemblies, Processions and Demonstrations
Chapter 3 Holding of Assemblies, Processions and Demonstrations
Chapter 4 Legal Responsibilities
Chapter 5 Supplementary Provisions
Chapter 1 General Provisions
Article 1 is to protect citizens’ rights to assemble, process and demonstrate in accordance with the law, and to maintain social stability and public security. Order, this law is enacted in accordance with the Constitution
Laws.
Article 2 This law shall apply to assemblies, processions, and demonstrations held within the territory of the People’s Republic of China.
Assemblies as mentioned in this law refer to activities that gather in open-air public places to express opinions and wishes.
The term "parade" as mentioned in this law refers to activities that march in formation on public roads and open-air public places to express the will of the Communist Party of China.
The term "demonstration" as used in this law refers to the expression of demands, protests, support, solidarity, etc. Activities of the same will.
This law does not apply to cultural entertainment, sports activities, normal religious activities, and traditional folk custom activities.
Article 3 People’s governments at all levels shall protect citizens’ rights to assemble, process and demonstrate in accordance with the provisions of this law.
Article 4 When exercising their rights of assembly, procession, and demonstration, citizens must abide by the Constitution and the law, and must not oppose the basic principles established by the Constitution, or harm the interests and interests of the country, society, and collectives. the legal freedoms and rights of other citizens.
Article 5 Assemblies, processions, and demonstrations shall be conducted peacefully. Weapons, controlled knives, and explosives shall not be carried, and violence shall not be used or incitement to use violence.
Article 6 The competent authority for assemblies, processions and demonstrations is the city or county public security bureau or city public security bureau where the assembly, procession or demonstration is held; the procession or demonstration route passes through more than two districts or counties. , the competent authority is the public security agency at the same level as the public security agency at the district or county level you pass through.
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Chapter 2 Applications and Permits for Assemblies, Processions and Demonstrations
Article 7 To hold an assembly, procession or demonstration, an application must be submitted to the competent authority in accordance with this law Apply for and receive permission.
No application is required for the following activities:
(1) Celebrations, commemorations and other activities held by the state or based on state decisions;
(2) State agencies, Assemblies held by political parties, social groups, enterprises and institutions in accordance with laws and organizational regulations.
Article 8 When holding assemblies, processions, or demonstrations, there must be a responsible person.
For assemblies, processions, and demonstrations that require application in accordance with the provisions of this Law, the person in charge must submit a written application to the competent authority five days before the date of the event. The application shall state the purpose, method, slogans, slogans, number of people, number of vehicles, type and quantity of audio equipment used, start and end time, location (including assembly place and disbandment place), route and person in charge of the assembly, procession and demonstration. name, occupation, and address.
Article 9 After receiving an application for an assembly, procession or demonstration, the competent authority shall notify the person in charge of a decision on permission or disapproval two days before the date of application.
If it is not allowed, the reasons should be explained. Failure to notify within the time limit shall be deemed as permission.
If a group, procession or demonstration is temporarily required to be held due to a sudden incident, it must be reported to the competent authority immediately; after receiving the report, the competent authority shall immediately review and decide whether to grant permission or not.
Article 10 Where an application is made to hold an assembly, procession or demonstration to resolve specific issues, after receiving the application, the competent authority may notify the relevant agency or unit to negotiate with the person in charge of the assembly, procession or demonstration to resolve the issue, and It is possible to postpone the application date by five days.
Article 11 If the competent authority believes that holding an assembly, procession, or demonstration in accordance with the applied time, location, and route will have a serious impact on traffic order and social order, when or after the decision is made to grant permission, The time, location, and route of assemblies, processions, and demonstrations can be changed, and the person in charge must be notified in a timely manner.
Article 12 Applications for assemblies, processions, and demonstrations will not be permitted if any of the following circumstances apply:
(1) Oppose the basic principles established by the Constitution;
(2) Endangering national unity, sovereignty and territorial integrity;
(3) Inciting ethnic separatism;
(4) Application for identification with sufficient basis Hold rallies, processions, and demonstrations that will directly endanger public safety or seriously disrupt social order.
Article 13 If the person in charge of an assembly, procession or demonstration is dissatisfied with the competent authority’s decision not to grant permission, he or she may apply to the people’s government at the same level for reconsideration within three days from the date of receipt of the decision notice. The government shall make a decision within three days from the date of receipt of the application for reconsideration
Article 14 The person in charge of an assembly, procession or demonstration may withdraw the application after submitting the application and before receiving notification from the competent authority; If, after receiving the notification of permission from the competent authority, it is decided not to hold an assembly, procession or demonstration, the competent authority shall be notified in a timely manner. If all participants have been gathered, the party shall be responsible for dispersing.
Article 15 Citizens may not launch, organize, or participate in local citizen collectives, processions, or demonstrations in cities other than their place of residence.
Article 16: State agency staff shall not organize or participate in collectives, processions, or demonstrations that violate the duties and obligations of state agency staff stipulated in relevant laws and regulations.
Article 17 Organizing or participating in assemblies, processions, and demonstrations in the name of state agencies, social groups, enterprises, and institutions must be approved by the person in charge of the unit.
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Chapter 3 The Holding of Assemblies, Processions and Demonstrations
Article 18 For assemblies, processions and demonstrations held in accordance with the law, the competent authorities shall dispatch people’s police Maintain traffic order and social order, and ensure the smooth progress of rallies, processions, and demonstrations.
Article 19 No one may use violence, coercion or other illegal means to disrupt, impact or destroy assemblies, processions and demonstrations held in accordance with the law.
Article 20: In order to ensure the progress of parades held in accordance with the law, the people's police responsible for maintaining traffic order may temporarily make changes to the relevant provisions of the traffic rules.
Article 21 If the parade encounters unforeseen circumstances during the march and cannot proceed along the permitted route, the person in charge of the people's police on site has the right to change the route of the parade.
Article 22 If an assembly, procession or demonstration is held at or passes by a state agency, military agency, radio station, television station, foreign embassy or consulate in China, etc., the competent authority may, in order to maintain order, Set up a temporary cordon nearby and cannot cross it without the permission of the people's police.
Article 23 No assembly, procession or demonstration shall be held within a distance of ten to three hundred meters around the following places, except those approved by the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government:
(1) The locations of the Standing Committee of the National People’s Congress, the State Council, the Central Military Commission, the Supreme People’s Court, and the Supreme People’s Procuratorate;
(2) Where state guests stay;
(3) Important military facilities;
(4) Airports, railway stations and ports.
The specific surrounding distances of the places listed in the preceding paragraph shall be stipulated by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government.
Article 24 The time for holding assemblies, processions, and demonstrations is limited to 6 a.m. to 10 p.m., unless decided or approved by the local people's government.
Article 25 Assemblies, processions, and demonstrations shall be conducted in accordance with the permitted purpose, method, slogans, slogans, starting and ending times, locations, routes, and other matters.
The person in charge of assemblies, processions and demonstrations must be responsible for maintaining the order of assemblies, processions and demonstrations and strictly prevent others from joining.
When necessary, the person in charge of an assembly, procession or demonstration should designate a special person to assist the people's police in maintaining order. Personnel responsible for maintaining order should wear signs.
Article 26: Holding assemblies, processions, and demonstrations must not violate public security regulations, and is not intended to conduct criminal activities or incite crimes.
Article 27 If an assembly, procession or demonstration is held under any of the following circumstances, the people's police shall stop it:
(1) Failure to apply or apply in accordance with the provisions of this law Without permission;
(2) Failure to comply with the purpose, method, slogan, slogan, start and end time, location, and route permitted by the competent authority;
(3) In progress Any situation that endangers public safety or seriously disrupts social order.
If one of the circumstances listed in the preceding paragraph fails to obey the restraint, the person in charge of the people's police on site has the right to order the disbandment; if the people's police refuses to disband, the person in charge of the people's police on site has the right to decide to take necessary measures in accordance with relevant national regulations. They used various means to forcibly disperse the crowd, and those who refused to comply were forcibly removed from the scene or detained immediately.
Personnel participating in assemblies, processions, and demonstrations cross the temporary cordon set up in accordance with Article 22 of this Law, and enter specific areas listed in Article 23 of this Law where assemblies, processions, and demonstrations are not allowed to be held. If there is a certain area around the place or if there are other illegal and criminal activities, the people's police can forcibly take them away from the scene or detain them immediately.
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Chapter 4 Legal Responsibilities
Article 28 Anyone who holds an assembly, procession, or demonstration and violates public security management shall be punished in accordance with public security management Penalties will be imposed according to the relevant provisions of the regulations.
If an assembly, procession, or demonstration is held under any of the following circumstances, the public security organs may give a warning or detain the person in charge and those directly responsible for the crime for not more than 15 days.
(1) Failure to apply in accordance with the provisions of this Law or application not approved;
(2) Failure to comply with the purpose, method, slogan, slogan, start and end time, Proceed according to the location and route, and do not listen to anyone who stops you.
Article 29 Anyone who holds an assembly, procession, or demonstration and commits a criminal act shall be held criminally responsible in accordance with the relevant provisions of the Criminal Law.
Anyone carrying weapons, controlled knives or explosives shall be held criminally responsible in accordance with the provisions of Article 163 of the Criminal Law.
Those who fail to apply or apply for permission in accordance with the provisions of this Law, or fail to follow the start and end times, places, and routes permitted by the competent authority, and who refuse to obey the dissolution order and seriously disrupt social order, shall be punished for the assembly, The persons in charge and those directly responsible for parades and demonstrations shall be held criminally responsible in accordance with the provisions of Article 158 of the Criminal Law.
Whoever surrounds or assaults a state agency, causing the official activities or state activities of the state agency to be unable to proceed normally, the person in charge and the person directly responsible for the assembly, procession, or demonstration shall be punished in accordance with Article 158 of the Criminal Law. Provides for criminal liability.
Whoever occupies a public place, intercepts vehicles and pedestrians, or gathers a crowd to block traffic, thereby seriously disrupting the order of the public place and traffic order, the person in charge and those directly responsible for the assembly, procession, or demonstration shall be punished in accordance with the Criminal Law. Criminal liability shall be pursued in accordance with the provisions of Article 159.
Article 30: Anyone who disrupts, attacks or otherwise disrupts an assembly, procession or demonstration held in accordance with the law shall be given a warning or detained for not more than 15 days by the public security organs; if the circumstances are serious enough to constitute a crime, the public security organ may impose a warning or detain him or her for not more than 15 days; Relevant provisions provide for criminal liability.
Article 31 If a party concerned is dissatisfied with the detention penalty decision imposed by the public security organ in accordance with the provisions of Article 28, Paragraph 2 or Article 30 of this Law, he or she may Within five days from the date of filing a complaint with the public security organ at the next higher level, the public security organ at the next higher level shall make a ruling within five days from the date of receipt of the appeal; if you are dissatisfied with the decision of the public security organ at the next higher level, you may file a complaint with the public security organ at the next higher level as of the date of receipt of the notification of the decision. File a lawsuit with the People's Court within five days.
Article 32: Whoever destroys public or private property or infringes upon the body of others while holding an assembly, procession, or demonstration, causing casualties, in addition to being punished in accordance with the relevant provisions of the criminal law or the Public Security Administration Punishment Regulations, shall also be punished. Should bear liability for compensation in accordance with the law.
Article 33 If a citizen initiates or organizes an assembly, procession or demonstration of local citizens in a city other than his or her place of residence, the public security organs have the right to detain or forcibly deport him to his place of origin.
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Chapter 5 Supplementary Provisions
Article 34 The provisions of this Law shall apply to foreigners holding assemblies, processions, and demonstrations within the territory of China.
Foreigners are not allowed to participate in rallies, processions, or demonstrations held by Chinese citizens in China without the approval of the competent authorities.
Article 35 The public security department of the State Council may formulate implementation regulations in accordance with this law and submit them to the State Council for approval and implementation.
The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may formulate implementation measures in accordance with this law.
Article 36 This Law shall come into effect on the date of promulgation.
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