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

Freedom is relative, not absolute. Freedom is freedom within the scope of the law and cannot exceed the norms of the law.

Law of the People's Republic of China on Assemblies, Processions and Demonstrations

Chapter 1 General Provisions

Article 1

In order to ensure that citizens comply with the law This law is formulated in accordance with the Constitution to exercise the rights of assembly, procession, and demonstration, and to maintain public order and social stability.

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 parade 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 gatherings, processions, sit-ins, etc. in open-air public places or public roads to express demands, protests, support, solidarity, etc. willing activities.

This law does not apply to recreational and sports activities, normal religious activities, and traditional folk customs.

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 citizens exercise their rights of assembly, procession, and demonstration, they must abide by the Constitution and the law, and must not oppose the basic principles established by the Constitution, or harm the rights of the country or society. , collective interests and the legitimate 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 route of the procession or demonstration passes through If there are two or more districts or counties, the competent authority shall be the public security organ at the same level as the public security organ at the same level as the public security organ of the district or county that passes through.

Chapter 2 Applications and Permits for Assemblies, Processions and Demonstrations

Article 7

To hold an assembly, procession or demonstration, an application must be made to the competent authority in accordance with this law and obtain permission.

No application is required for the following activities:

Celebrations, commemorations and other activities held by the state or according to state decisions;

State agencies, political parties, social groups, enterprises Assemblies held by business organizations in accordance with laws and organizational articles.

Article 8

When holding assemblies, processions and 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 its decision to permit or disallow in writing 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 an assembly, procession or demonstration is temporarily required to be held due to a sudden incident, the competent authority must be reported immediately; after receiving the report, the competent authority shall review and decide whether to grant permission or not.

Article 10

If you apply to hold an assembly, procession or demonstration to resolve specific issues, after receiving the application, the competent authority may notify the relevant agencies or units to organize the assembly, procession or demonstration. The person in charge negotiates to resolve the issue and may postpone the application for five days.

Article 11

If the competent authority believes that holding assemblies, processions, and demonstrations in accordance with the applied time, location, and route will have a serious impact on traffic order and social order, the competent authority shall, before making a decision, When permission is granted or after permission is decided, the time, location, and route of an assembly, procession, or demonstration may be changed, and the person in charge shall be notified in a timely manner.

Article 12

Applying for an assembly, procession, or demonstration that falls under any of the following circumstances will not be permitted:

Objective to the purposes stipulated in the Constitution Basic principles;

Endangering national unity, sovereignty and territorial integrity;

Inciting ethnic separatism;

Assemblies and parades held with sufficient basis for application , Demonstrations 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 decision of the competent authority not to grant permission, he may file a complaint with the same party within three days from the date of receipt of the notification of the decision. When the people's government at the same level applies for reconsideration, the people's 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 a notice from the competent authority; after receiving a notice of permission from the competent authority, If you decide not to hold an assembly, procession or demonstration, you must promptly notify the competent authority. If the participants have already assembled, you must be responsible for dispersing it.

Article 15

Citizens may not launch, organize, or participate in local citizen assemblies, processions, or demonstrations in cities other than their place of residence.

Article 16

State agency staff shall not organize or participate in assemblies, 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 rallies, 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.

Chapter 3 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 to maintain the Traffic order and social order 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

When the parade encounters unforeseen circumstances and cannot proceed along the permitted route, the person in charge of the people's police on site has the right to change the march of the parade. route.

Article 22

If an assembly, procession, or demonstration is held at or passes by a state agency, military agency, radio station, television station, or foreign embassy or consulate in China, the competent authority In order to maintain order, temporary warning lines can be set up nearby, and no crossing is allowed without the permission of the people's police.

Article 23

No assembly, procession or demonstration shall be held within ten meters to three hundred meters of the following places. Exceptions approved:

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;

The accommodation of state guests;

< p>Important military facilities;

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 an assembly, procession, or demonstration must be responsible for maintaining the order of an assembly, procession, or demonstration, and strictly prevent others from joining.

When necessary, the person in charge of an assembly, procession or demonstration should designate a person to assist the people's police in maintaining order. Personnel responsible for maintaining order should wear signs.

Article 26

When holding assemblies, processions, or demonstrations, you must not violate public security regulations, 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:

Failure to comply with this law The application is stipulated or the application is not approved;

The purpose, method, slogan, slogan, start and end time, place, and route approved by the competent authority are not followed;

Occurrence during the process Endangering public safety or seriously disrupting 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. Measures were taken 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 the provisions of 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.

Chapter 4 Legal Responsibilities

Article 28

Whoever holds an assembly, procession, or demonstration that violates public security management shall be punished in accordance with the Public Security Management Law Relevant provisions impose penalties.

If an assembly, procession or demonstration is held under any of the following circumstances, the public security organs may give the person in charge and the person directly responsible a warning or detain them for not more than fifteen days:

Failure to comply with the regulations Application or application is not approved under the provisions of this Law;

Failure to proceed in accordance with the purpose, method, slogan, slogan, start and end time, location, and route permitted by the competent authority, and refuse to be stopped;

< p>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.

Those who carry weapons, controlled knives or explosives will be held criminally responsible in accordance with the relevant provisions of the criminal law.

Whoever fails to apply in accordance with the provisions of this Law or whose application is not approved, or who fails to proceed in accordance with the start and end times, places, and routes permitted by the competent authority, and who refuses to obey the dissolution order and seriously disrupts social order, shall be subject to the relevant provisions of the Criminal Law in accordance with the relevant provisions of the Criminal Law. Provides for criminal liability.

Anyone who surrounds or attacks a state agency, causing the official activities or state activities of the state agency to be unable to proceed normally, shall be investigated for criminal liability in accordance with the relevant provisions of the criminal law.

Whoever occupies a public place, intercepts vehicles and pedestrians, or gathers a crowd to block traffic, seriously disrupting public order and traffic order, shall be investigated for criminal liability in accordance with the relevant provisions of the criminal law.

Article 30

Whoever disrupts, attacks or otherwise disrupts an assembly, procession or demonstration held in accordance with the law, the public security organ may give a warning or detain him or her for not more than fifteen days. If the circumstances are serious, , if it constitutes a crime, criminal liability shall be investigated in accordance with the relevant provisions of the criminal law.

Article 31

If the 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 may Within five days from the date of receipt of the notification of the penalty decision, a complaint can be filed with the higher-level public security agency. If the higher-level public security agency is dissatisfied with the decision, it may file a lawsuit with the People's Court within five days from the date of receipt of the notification of the decision.

Article 32

Whoever destroys public or private property or harms the body of others during an assembly, procession or demonstration, causing casualties, shall not be punished except in accordance with the relevant provisions of the Criminal Law or the Public Security Administration Punishment Law. In addition to being punished, they should also be liable for compensation.

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 him or forcibly deport him to his place of origin.

Chapter 5 Supplementary Provisions

Article 34

The provisions of this Law shall apply to foreigners holding assemblies, processions, and demonstrations in China.

Foreigners are not allowed to participate in rallies, processions, or demonstrations held by Chinese citizens in China without approval from 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.