Paragraph 1 of Article 42 of the Law of the People's Republic of China on Public Security Administration Punishment

In order to further maintain social order, guide petitioners to legally safeguard their rights, effectively put the rights of letters and visits into the track of legalization, enhance the people's concept of letters and visits in accordance with the law, step by step and orderly, and protect the legitimate rights and interests of petitioners according to law, According to the Criminal Law of the People's Republic of China, the Law of the People's Republic of China on Public Security Administration Punishment, the Law of the People's Republic of China on Assemblies, Demonstrations, the State, 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 in Letters and Calls according to Law and other laws, regulations and judicial interpretations, The notice on cracking down on illegal acts in letters and visits according to law is as follows: __

1. Illegally gathering around the office of state organs or enterprises and institutions, conducting sit-ins, distributing illegal propaganda materials, shouting slogans, putting up banners, stopping vehicles, wearing clothes, wearing uniform signs, showing form paper, threatening self-injury, self-injury and suicide, and placing wreaths, urns and portraits in state organs or enterprises and institutions. If the dissuasion, criticism and education by the staff of the relevant state organs are ineffective, the public security organ shall give a warning, admonish or stop it according to the provisions of the second paragraph of Article 47 of the National Regulations on Letters and Calls, and collect relevant materials, banners, shaped papers, clothes and other items; In line with the provisions of the first and second paragraphs of the first paragraph of Article 23 of the Law of the People's Republic of China on Public Security Administration Punishment, the public security administration punishment shall be imposed according to law for disturbing the order of the unit and gathering people to disturb the order of the unit; Those who constitute a crime shall be investigated for criminal responsibility according to law. If the above acts are committed in Tiananmen Square, Zhongnanhai area, the residence of party and state leaders, venues for major national events, the location of central state organs, the building of the Central Military Commission, the offices of major central news organizations, foreign embassies and consulates in China, the hotel of state guests and other non-petition places, which constitutes a crime, they shall be convicted of the crime of stirring up trouble and given a heavier punishment in accordance with the provisions of Article 293 of the Criminal Law of the People's Republic of China. __

2. Posting and distributing materials, shouting slogans, putting up banners, wearing clothes, showing form paper, or illegally gathering in public places such as stations, docks, shopping malls, parks, squares, etc., and carrying out the above acts around venues, activity areas or venues during holding large-scale mass activities such as culture and sports or major domestic and international conferences, after being discouraged, criticized and educated. In accordance with the provisions of Article 23 and Article 24 of the Law of the People's Republic of China on Public Security Administration Punishment, the public security administration shall be punished according to law for disturbing the order of public places and gathering people to disturb the order of public places; Those who constitute a crime shall be investigated for criminal responsibility according to law. __

3. If traffic is blocked, illegally gathered or blocked in front of the 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 the fourth and fourth paragraphs of the first paragraph of Article 23 of the Law of the People's Republic of China on Public Security Administration Punishment, the public security administration shall be punished according to law for obstructing or gathering people to hinder the normal running of vehicles; Those who constitute a crime shall be investigated for criminal responsibility according to law. __

IV. Whoever incites or plans an illegal assembly, procession or demonstration, which is discouraged, criticized and educated by the relevant state functionaries, will be punished according to Article 55 of the Law of the People's Republic of China 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, manner, slogan, starting and ending time, place and route approved by the competent authority, and there is a situation that endangers public security or seriously undermines social order during the process, it shall be punished according to Articles 27 and 28 of the Law of the People's Republic of China on Assemblies, Processions and Demonstrations. __

5. In the petition activities, inciting, connecting in series, coercing or inducing others to express their demands in an excessive way, disrupting the petition work order, which is in line with the provisions of the first and second paragraphs of the first paragraph of Article 23 of the Law of the People's Republic of China on Public Security Administration Punishment, and will be punished for public security administration according to law by disturbing the order of the unit and gathering people to disturb the order of the unit; Those who constitute a crime shall be investigated for criminal responsibility according to law. __

VI. Whoever disturbs the working order of state organs for many times in the process of letters and visits or in the name of letters and visits, and fails to correct it after administrative punishment, thus causing serious consequences, shall be punished for the crime of disturbing the working order of state organs in accordance with the provisions of the third paragraph of Article 29 of the Criminal Law of the People's Republic of China. __

VII. Whoever arbitrarily occupies or damages the reception places for letters and visits, state organs or other people's property, which conforms to the provisions of the third paragraph of Article 26 of the Law of the People's Republic of China on Public Security Administration Punishment, shall be punished for public security administration in accordance with the law by provoking troubles; If a crime is constituted, criminal responsibility shall be investigated according to law. __

VIII. Make, copy and disseminate false news about letters and visits through websites, forums, blogs, Weibo, WeChat, Tik Tok, Aauto Quicker and other video live broadcast platforms, incite, organize and plan illegal gatherings, processions and demonstrations, fabricate dangerous situations, epidemics and warnings, and threaten to carry out explosions, set fires, release dangerous substances or self-injury, self-mutilation and suicide. In line with the relevant provisions of the Law of the People's Republic of China on Public Security Administration Punishment and the Criminal Law of the People's Republic of China, legal responsibilities shall be investigated according to law. __

IX. Refusing to submit a complaint request to the organ at the same level or at the next higher level that has the right to handle it in accordance with Article 16 of the State Regulations on Letters and Visits, but going over the level, or more than one person visiting the reception place for letters and visits on the same matter, refusing to select five or less representatives in accordance with the provisions of Article 18, paragraph 2 of the State Regulations on Letters and Visits, and being dissuaded, criticized and educated by the staff of the relevant state organs, it shall be based on the State Regulations on Letters and Visits. In line with the provisions of the first and second paragraphs of the first paragraph of Article 23 of the Law of the People's Republic of China on Public Security Administration Punishment, the public security administration punishment shall be imposed 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. __

X. refusing to seek legal solutions to matters that should be resolved through reconsideration, litigation, etc.; Failing to request the reexamination and 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 to stop visiting, still making complaints on the same facts and reasons or making unreasonable demands beyond the provisions of laws, regulations and policies, continuously registering at letters and visits reception places such as letters and visits departments, or repeatedly pestering visits at letters and visits reception places, and being discouraged, criticized and educated by the staff of relevant state organs is ineffective, According to the second paragraph of Article 47 of the National Regulations on Letters and Visits, if it is warned, admonished or stopped by the public security organ and conforms to the first paragraph of Article 23 of the Law of the People's Republic of China on Public Security Administration Punishment, it shall be punished for public security administration according to law in order to disturb the order of the unit; If a crime is constituted, criminal responsibility shall be investigated according to law. __

Xi. If people who stay in the reception places for letters and visits, make trouble, or leave people who are old, young, weak, suffering from serious diseases and physical disabilities who can't take care of themselves in the reception places for letters and visits and the office places of state organs are discouraged, criticized and educated by the staff of relevant state organs, the public security organs will give them a warning, admonish or stop them according to the second paragraph of Article 47 of the Regulations on Letters and Visits; In violation of the provisions on public security administration, the public security organ shall take necessary on-site disposal measures and impose administrative penalties on public security according to law, and if the case constitutes a crime, criminal responsibility shall be investigated according to law. __

XII. Whoever extorts money by threatening or threatening means such as creating social influence, taking extreme behavior of making visits, and continuing to pester and make visits, which conforms to the provisions of Article 49 of the Law of the People's Republic of China on Public Security Administration Punishment, shall be punished for public security administration according to law by extortion; If a crime is constituted, criminal responsibility shall be investigated according to law. __

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

XIV. In the course of letters and visits, those who insult, beat or threaten others conform to the provisions of Articles 42 and 43 of the Law of the People's Republic of China on Public Security Administration Punishment shall be punished for public security administration according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. __

15. 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, and do not support, participate in, watch or spread illegal activities in letters and visits, and consciously safeguard the social order and the order of letters and visits, so as to maintain a harmonious social environment. _

Legal basis:

Article 41 of the Constitution of the People's Republic of China, the Chinese people and citizens have the right to criticize and suggest any state organ or functionary; Any state organ or state functionary has the right to lodge a complaint, accusation or report to the relevant state organ for illegal or dereliction of duty, but shall not fabricate or distort 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 take revenge. People who have suffered losses due to the infringement of citizens' rights by state organs and state functionaries have the right to obtain compensation in accordance with the law.