Joke Collection Website - News headlines - The provisions of the first paragraph of Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law.

The provisions of the first paragraph of Article 42 of the People's Republic of China (PRC) Public Security Administration Punishment Law.

Legal analysis:

In order to further maintain social order, guide the petitioners to safeguard their rights according to law, effectively bring the rights protection of letters and visits into the track of rule of law, enhance the people's concept of letters and visits according to law and step by step, and protect the legitimate rights and interests of petitioners according to law. According to the provisions of the Criminal Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Public Security Administration Punishment, the Law of People's Republic of China (PRC) on Assembly, Parade and Demonstration, the State and the Guiding Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Handling Illegal and Criminal Acts of Letters and Visits according to Law and other laws, regulations and judicial interpretations, the illegal acts of letters and visits are hereby notified as follows: _ _.

1. Illegal gathering, sit-in, distributing illegal propaganda materials, shouting slogans, pulling banners, stopping vehicles, wearing clothes, wearing uniform signs, showing certificates, threatening self-injury, self-injury, suicide, etc. Put wreaths, urns, portraits and sacrifices in state organs or enterprises and institutions, play funeral music and burn money to work for relevant state organs. In accordance with the provisions of the first and second paragraphs of the first paragraph of Article 23 of the People's Republic of China (PRC) Public Security Administration Punishment Law, the public security administration punishment shall be given according to law for disturbing the order of the unit and gathering people to disturb the order of the unit; If a crime is constituted, criminal responsibility shall be investigated according to law. Whoever commits the above-mentioned acts in Tiananmen Square, Zhongnanhai area, official residences of party and state leaders, places of major state activities, places where central state organs are located, buildings of the Central Military Commission, major central news agencies, foreign embassies and consulates in China, State Guest Hotel and other non-complaint-reporting places, which constitutes a crime, shall be convicted of stirring up trouble and given a heavier punishment in accordance with the provisions of Article 293 of the Criminal Law of People's Republic of China (PRC). __

2. Posting and distributing materials, shouting slogans, putting up banners, wearing clothes, displaying paper or gathering illegally in public places such as stations, docks, shopping malls, parks and squares. During the holding of large-scale mass activities such as culture and sports or major domestic and international conferences, the above-mentioned acts are carried out in venues, activity areas or around the venue, and the education is ineffective after dissuasion and criticism, according to the National. In accordance with the provisions of Article 23 and Article 24 of the People's Republic of China (PRC) Public Security Administration Punishment Law, those who disturb the order of public places and gather people to disturb the order of public places shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. __

3. Blocking, illegally gathering or blocking traffic in front of reception places for letters and visits, other state organs or traffic passages, which affects the normal running of vehicles, and conforms to the provisions of Item 4 and Item 4 of Paragraph 1 of Article 23 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, in order to hinder or gather people to hinder the normal running of vehicles, they shall be punished for public security administration according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. __

Four. Whoever incites or plans an illegal assembly, procession or demonstration and is dissuaded by the relevant state functionaries and criticizes the ineffectiveness of education shall be punished in accordance with the provisions of Article 55 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment. If an assembly, a procession or a demonstration is held without the permission of the competent authority or in accordance with the purpose, mode, slogan, starting and ending time, place and route approved by the competent authority, and public security is endangered or social order is seriously undermined in the process, it shall be punished in accordance with the provisions of Article 27 and Article 28 of the Law of People's Republic of China (PRC) on Assemblies, Processions and Demonstrations. __

Five, in the petition activities, incite, series, coercion, induce others to take excessive ways to express their demands, disrupt the petition work order, in line with the "People's Republic of China (PRC) Public Security Management Punishment Law" Article 23, paragraph 1, paragraph 1, paragraph 2, to disrupt the order of the unit, gathering people to disturb the order of the unit shall be punished according to law for public security management; If a crime is constituted, criminal responsibility shall be investigated according to law. __

Six, in the petition activities or in the name of letters and visits, repeatedly disturb the work order of state organs, after administrative punishment is still not correct, resulting in serious consequences, in accordance with the provisions of the third paragraph of Article 290 of the Criminal Law of People's Republic of China (PRC), to disturb the work order of state organs crime punishment. __

Seven, random occupation, damage to the reception places for letters and visits, state organs or other people's property, in line with the provisions of the third paragraph of Article 26 of the "People's Republic of China (PRC) Public Security Management Punishment Law", to stir up trouble shall be punished according to law for public security management; If a crime is constituted, criminal responsibility shall be investigated according to law. __

Eight, through websites, forums, blogs, Weibo, WeChat, Tik Tok, Tik Tok and other live video platforms, making, copying and disseminating false news about letters and visits, inciting, organizing and planning illegal assemblies, processions and demonstrations, fabricating dangerous situations, epidemics and police situations, threatening to carry out explosions, arson, throwing dangerous substances or self-injury, self-mutilation and suicide. , in line with the computer information network. In accordance with the relevant provisions of the "People's Republic of China (PRC) Public Security Administration Punishment Law" and the "People's Republic of China (PRC) Criminal Law", legal responsibility shall be investigated according to law. __

9. If a person refuses to submit a petition request to an organ at the same level or at a higher level that has the right to handle it in accordance with Article 16 of the Regulations on State Letters and Calls, but goes beyond the level of petition, or more than one person visits a petition reception place on the same matter, and refuses to elect five or less representatives in accordance with Article 18, the second paragraph of the Regulations on Letters and Calls is discouraged and criticized by the staff of the relevant state organs, according to the second paragraph of Article 47 of the Regulations on State Letters and Calls, In accordance with the provisions of the first and second paragraphs of the first paragraph of Article 23 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, those who disturb the order of the unit or gather people to disturb the order of the unit shall be punished for public security administration according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. __

10. Refusing to seek legal solutions to matters that should be resolved through reconsideration or litigation. ; Failing to submit a request for reexamination of letters and visits in accordance with legal procedures, or the letters and visits have been accepted and are being processed, or the letters and visits have been resolved according to law or have promised not to visit again, still making complaints on the same facts and reasons or making unreasonable demands beyond the provisions of laws, regulations and policies, continuously registering in letters and visits reception places such as letters and visits departments, or repeatedly pestering in letters and visits reception places, and being dissuaded and criticized by the staff of relevant state organs for being ineffective, According to the second paragraph of Article 47 of the National Regulations on Letters and Calls, if the public security organ warns, admonishes or stops it, and it conforms to the provisions of the first paragraph of Article 23 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, the public security administration punishment shall be given according to law on the grounds of disturbing the order of the unit; If a crime is constituted, criminal responsibility shall be investigated according to law. __

1 1. If people who are old, young, frail, suffering from serious diseases and physical disabilities and cannot take care of themselves are left in the reception places for letters and visits and the offices of state organs, the public security organs will give warnings, admonitions or stop them according to the second paragraph of Article 47 of the Regulations on State Letters and Visits; In violation of the provisions on public security administration, the public security organ shall take necessary on-site disposal measures according to law and impose administrative penalties on public security. If the case constitutes a crime, criminal responsibility shall be investigated according to law. __

Twelve, in order to create social influence, take extreme behavior make a visit, continue to pester make a visit and other threats, blackmail means, in line with the provisions of Article 49 of the "People's Republic of China (PRC) Public Security Management Punishment Law", shall be punished according to law for extortion; If a crime is constituted, criminal responsibility shall be investigated according to law. __

13. Obstructing the staff of state organs from performing their duties according to law, forcibly breaking into warning tape and warning areas set up by public security organs, or obstructing the passage of vehicles such as fire engines, ambulances, engineering rescue vehicles and police cars performing emergency tasks, which conforms to the provisions of Item 2, Item 3 and Item 4, Paragraph 1, Article 50 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, thus obstructing the performance of their duties, obstructing the passage of special vehicles, and breaking into warning tape and doormen. Those who obstruct the people's police from performing their duties according to law shall be given a heavier punishment; Whoever obstructs state functionaries from performing their duties according to law by violence or threat, which constitutes a crime, shall be investigated for criminal responsibility according to law. __

Fourteen, in the petition activities, insulting, beating, threatening others, in line with the provisions of Article 42 and Article 43 of the People's Republic of China (PRC) Public Security Administration Punishment Law, insulting, beating, threatening the personal safety of others, shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. __

Fifteen, the broad masses of the people should strengthen the concept of the rule of law, express their demands in an orderly and rational manner according to law, do not support, participate in, watch or spread illegal activities of letters and visits, consciously safeguard social public order and order of letters and visits, and maintain a harmonious social environment. _

Legal basis:

Article 41 of the Constitution of People's Republic of China (PRC) * * * China citizens have the right to criticize and make suggestions to any state organ or state functionary; Any state organ or functionary shall have the right to lodge a complaint, accusation or report to the relevant state organ on the illegal and dereliction of duty, but shall not fabricate or distort the facts to make false accusations or frame up. For citizens' complaints, accusations or exposures, the relevant state organs must find out the facts and be responsible for handling them. No one can suppress or retaliate. People who have suffered losses due to the infringement of civil rights by state organs and state functionaries have the right to compensation according to law.