What to do after administrative detention for holding banners, and how to define whether it is illegal or not?

Pulling banners is not illegal if it does not affect the normal work of the government, but it may be considered illegal if it does. Violate the "Public Security Management Punishment Law" for disrupting public order and affecting the work of government agencies. If a crime has not yet been constituted, after being detained, fined or given a warning, there should be no further processing.

Article 35 of the "Constitution" Citizens of the People's Republic of China have the freedom of speech, press, assembly, association, procession, and demonstration.

Article 2 of the "Public Security Management Punishment Law": Disrupting public order, impeding public safety, infringing upon personal rights and property rights, hindering social management, and having social harm, according to the "China If it constitutes a crime under the People's Republic of China and the Criminal Law of the People's Republic of China, criminal responsibility shall be investigated in accordance with the law; if it is not enough for criminal punishment, the public security organs shall impose public security management penalties in accordance with this law.

Article 23 of the "Public Security Administration Punishment Law" who commits any of the following acts that disrupt public order, and which is not sufficient for criminal punishment, shall be detained for not more than 15 days, fined not more than 200 yuan, or given a warning .

(1) Disturbing the order of agencies, groups, enterprises, and institutions, causing work, production, business, medical care, teaching, and scientific research to be unable to proceed normally, without causing serious losses.

Extended information:

Case:

Hold up banners and burn paper in front of the hospital to demand compensation? Five "medical troublemakers" were detained

Cause A stillborn pregnant woman gathered more than 60 people and 5 were arrested

The reporter learned from the Zhanjiang police yesterday that the city’s Chikan Public Security Bureau recently detained 5 “medical troublemakers” in accordance with the law for the crime of gathering a crowd to disrupt social order. .

Chikan police reported that a pregnant woman from Suixi County (female, 25 years old) who rented in Chikan District went to Zhanjiang Maternal and Child Health Hospital to wait for delivery on September 13. On September 18, Guan developed an abnormality, so the hospital performed a caesarean section on her. Due to various reasons, the fetus in her belly unfortunately died.

At 9 a.m. on September 19, more than 30 relatives of the pregnant woman from the village gathered at the Zhanjiang Maternal and Child Health Hospital. By around 2:30 p.m., the number of people gathered had increased to more than 60 people. They knocked on pots, burned paper money, and held banners, demanding compensation from the hospital.

The police rushed to deal with the situation. After repeated attempts to persuade and explain to no avail, they forcibly cleared the area and brought the five rioters back to the police station for processing. At about 18:00 that day, the gathered relatives and people dispersed themselves, and the order in the hospital was restored to normal.

Reference material: Baidu Encyclopedia-Public Security Management Punishment Law

Reference material: People's Daily Online-Detained for pulling banner and burning paper in front of hospital