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How to March is not illegal
chapter I general provisions
article 1 this law is formulated in accordance with the constitution for the purpose of ensuring citizens' exercise of the rights of assembly, procession and demonstration according to law and maintaining social stability and public order.
article 2 this law applies to all assemblies, processions and demonstrations held within the territory of the people's Republic of China.
the term "assembly" as mentioned in this law refers to an activity that gathers in an open public place to express opinions and wishes.
the term "procession" as mentioned in this law refers to the activities of marching in line on public roads and open-air public places to express * * * * consent.
the term "demonstration" as mentioned in this law refers to the activities of expressing demands, protests, support, solidarity, etc. in open public places or public roads by means of assembly, procession and sit-in.
this law is not applicable to recreational and sports activities, normal religious activities and traditional folk custom activities.
article 3 the people's governments at all levels shall, in accordance with the provisions of this law, guarantee citizens' right to assembly, procession and demonstration.
article 4 when exercising the rights of assembly, procession and demonstration, citizens must abide by the constitution and laws, and must not oppose the basic principles defined in the constitution, nor harm the national, social and collective interests or the legitimate freedoms and rights of other citizens.
Article 5 Assemblies, processions and demonstrations shall be conducted peacefully. No weapons, controlled knives and explosives are allowed, and no violence or incitement to violence is allowed.
Article 6 The competent authorities of assembly, procession and demonstration are the municipal and county public security bureaus and city public security sub-bureaus where the assembly, procession and demonstration are held; Where the route of procession and demonstration passes through more than two districts and counties, the competent authority shall be the public security organ of the district or county that passes through.
chapter ii application and permission for assembly, procession and demonstration
article 7 to hold an assembly, procession and demonstration, an application must be made to the competent authority and permission must be obtained in accordance with this law.
You don't need to apply for the following activities:
(1) Celebration, commemoration and other activities held by the state or according to the decision of the state;
(2) State organs, political parties, social organizations, enterprises and institutions shall organize assemblies held in accordance with laws and regulations.
article 8 an assembly, a procession or a demonstration must be held with a responsible person.
for an assembly, a procession or a demonstration that needs to be applied for according to the provisions of this law, the person in charge must submit a written application to the competent authority five days before the date of holding. The application shall specify the purpose, mode, slogan, slogan, number of people, number of vehicles, type and quantity of audio equipment used, starting and ending time, place (including assembly place and dissolution place), route and name, occupation and address of the person in charge.
article 9 after receiving an application for an assembly, a procession or a demonstration, the competent authority shall notify its responsible person of the decision of approval or disapproval two days before the date of application. If it is not permitted, the reasons shall be explained. Failure to notify within the time limit shall be deemed as permission.
If it is really necessary to hold a collective, a procession or a demonstration temporarily due to an unexpected event, it must be reported to the competent authority immediately; After receiving the report, the competent authority shall immediately examine and decide whether to grant or not.
Article 1 Where an application is made for holding an assembly, a procession or a demonstration to solve a specific problem, the competent authority may, after receiving the application, notify the relevant organ or unit to negotiate with the person in charge of the assembly, procession or demonstration to solve the problem, and may postpone the application for holding for five days.
article 11 if the competent authority considers that holding an assembly, a procession or a demonstration according to the time, place and route applied for will seriously affect the traffic order and social order, it may change the time, place and route of holding the assembly, a procession or a demonstration when or after deciding to permit it, and notify its responsible person in time.
Article 12 An application for holding an assembly, a procession or a demonstration shall not be permitted under any of the following circumstances:
(1) Those who oppose the basic principles defined in the Constitution;
(2) endangering national unity, sovereignty and territorial integrity;
(3) inciting ethnic division;
(4) there is sufficient evidence to confirm that the assembly, procession and demonstration applied for will directly endanger public security or seriously disrupt social order.
article 13 if the person in charge of an assembly, a procession or a demonstration refuses to accept the decision of the competent authority not to grant permission, he may apply to the people's government at the same level for reconsideration within three days from the date of receiving the notice of decision, and the people's government shall make a decision within three days from the date of receiving the application for reconsideration.
Article 14 The person in charge of an assembly, a procession or a demonstration may withdraw the application after submitting the application and before receiving the notice from the competent authority; After receiving the notice of permission from the competent authority, if it decides not to hold an assembly, a procession or a demonstration, it shall promptly inform the competent authority, and if all the participants have gathered, it shall be responsible for dissolution.
Article 15 A citizen shall not launch, organize or participate in a collective, procession or demonstration of local citizens in a city other than his place of residence.
article 16 the functionaries of state organs shall not organize or participate in any collective, procession or demonstration that violates the duties and obligations of the functionaries of state organs as stipulated in relevant laws and regulations.
article 17 organizing or participating in an assembly, procession or demonstration in the name of a state organ, social organization, enterprise or institution must be approved by the person in charge of the unit.
chapter iii holding of assemblies, processions and demonstrations
article 18 for assemblies, processions and demonstrations held according to law, the competent authorities shall send people's police to maintain traffic and social order and ensure the smooth progress of the assemblies, processions and demonstrations.
article 19 an assembly, a procession or a demonstration held according to law shall not be disturbed, impacted or destroyed by violence, coercion or other illegal means.
Article 2 In order to ensure the procession held according to law, the people's police responsible for maintaining traffic order may temporarily implement the relevant provisions of traffic rules flexibly.
Article 21 In case of unforeseen circumstances during the procession, the person in charge of the people's police at the scene has the right to change the procession route.
article 22 where an assembly, a procession or a demonstration is held or passes by the location of a state organ, a military organ, a radio station, a television station, a foreign embassy or consulate in China, the competent authority may set up a temporary cordon nearby in order to maintain order, and shall not cross it without the permission of the people's police.
Article 23 No assembly, procession or demonstration shall be held within a distance of 1 meters to 3 meters around the following places, except with the approval of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government:
(1) the locations of the NPC Standing Committee, the State Council, the Central Military Commission (CMC), the Supreme People's Court and the Supreme People's Procuratorate;
(2) the residence of the ambassador;
(3) important military facilities;
(4) airports, railway stations and ports.
the specific peripheral distance 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 an assembly, a procession or a demonstration is limited to 6 am to 1 pm, unless it is decided or approved by the local people's government.
article 25 an assembly, a procession and a demonstration shall be conducted in accordance with the permitted purposes, methods, slogans, starting and ending times, places, routes and other matters.
the person in charge of the assembly, procession and demonstration must be responsible for maintaining the order of the assembly, procession and demonstration, and strictly prevent others from joining.
when necessary, the person in charge of an assembly, a procession or a demonstration shall designate a special person to assist the people's police in maintaining order. Personnel responsible for maintaining order should wear signs.
article 26 the holding of an assembly, a procession or a demonstration shall not violate the laws and regulations on public security administration, nor commit criminal activities or incite crimes.
Article 27 The people's police shall stop the holding of an assembly, a procession or a demonstration under any of the following circumstances:
(1) Failing to apply in accordance with the provisions of this Law or failing to obtain permission for the application;
(2) Failing to follow the purpose, method, slogan, starting and ending time, place and route permitted by the competent authority;
(3) in the process, there is a situation that endangers the safety of the public or seriously undermines social order.
if one of the situations listed in the preceding paragraph fails to stop, the person in charge of the people's police on the spot has the right to order dissolution; If a person refuses to dissolve, the person in charge of the people's police at the scene has the right to decide to take necessary measures to forcibly disperse it in accordance with the relevant provisions of the state, and forcibly take the person who refuses to obey away from the scene or immediately detain him.
if the participants of an assembly, a procession or a demonstration cross the temporary cordon set up in accordance with the provisions of article 22 of this law, enter a certain range around a specific place listed in article 23 of this law where an assembly, a procession or a demonstration is prohibited, or commit other illegal and criminal acts, the people's police may forcibly take them away from the scene or immediately detain them.
Chapter IV Legal Liability
Article 28 Whoever holds an assembly, a procession or a demonstration and violates the administration of public security shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security.
if an assembly, a procession or a demonstration is held in any of the following circumstances, the public security organ may impose a warning or detain the person in charge and the person directly responsible for it for not more than 15 days.
(1) Failing to apply in accordance with the provisions of this Law or failing to obtain permission for the application;
(2) Failing to follow the purpose, method, slogan, starting and ending time, place and route permitted by the competent authority, and refusing to stop it.
Article 29 Whoever holds an assembly, a procession or a demonstration and commits a crime shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
those who carry weapons, controlled knives or explosives shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 163 of the Criminal Law.
if an application is not made in accordance with the provisions of this law, or the application is not approved, or the starting and ending time, place and route approved by the competent authority are not carried out, and the dissolution order is refused, thus seriously undermining social order, the person in charge of the assembly, procession and demonstration and the person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 158 of the Criminal Law.
if a state organ is besieged or attacked, so that the official activities or state activities of the state organ cannot be carried out normally, the person in charge of the assembly, procession and demonstration and the person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 158 of the Criminal Law.
those who occupy public places, intercept vehicles and pedestrians, or gather people to block traffic, thus seriously disrupting the order of public places and traffic, the persons in charge of assemblies, processions and demonstrations and the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 159 of the Criminal Law.
Article 3 If an assembly, a procession or a demonstration held according to law is disturbed, attacked or otherwise destroyed, the public security organ may impose a warning or detain it for not more than 15 days; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
article 31 if a party refuses to accept the decision of the public security organ on the punishment of detention given in accordance with the second paragraph of article 28 or the provisions of article 3 of this law, he may lodge a complaint with the public security organ at the next higher level within five days from the date of receiving the notice of the punishment decision, and the public security organ at the next higher level shall make a ruling within five days from the date of receiving the complaint; Anyone who refuses to accept the ruling of the public security organ at the next higher level may bring a lawsuit to the people's court within five days from the date of receiving the notice of the ruling.
article 32 in the process of holding an assembly, a procession or a demonstration, anyone who destroys public or private property or infringes on others' bodies and causes casualties shall be punished in accordance with the relevant provisions of the criminal law or the regulations on administrative penalties for public security, and shall also be liable for compensation according to law.
article 33 if a citizen initiates or organizes an assembly, a procession or a demonstration of local citizens in a city other than his place of residence, the public security organ has the right to detain him or forcibly send him back to his original place.
Chapter V Supplementary Provisions
Article 34 The provisions of this Law shall apply to assemblies, processions and demonstrations held by foreigners in China.
Foreigners are not allowed to participate in assemblies, processions and demonstrations organized by China citizens in China without the approval of the competent authorities.
article 35 the public security department of the State Council may formulate implementing regulations according to 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 force as of the date of promulgation.
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