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求学网 >> English >> 法律英语

中华人民共和国集会游行示威法(2)

Article 19 An assembly, a procession or a demonstration held in compliance with law shall not be disturbed, broken into or disrupted by anybody by violence, coercion or any other illegal means.

  Article 20 In order to ensure the progress of a procession held in compliance with law, the people's police responsible for keeping traffic order may temporarily exercise flexibility in their execution of the relevant provisions of traffic regulations.

  Article 21 If it becomes impossible for a procession to follow the permitted route because of unexpected circumstances occurring on the way, the chief police officer present at the scene shall have the authority to change the route of the procession.

  Article 22 If an assembly, a procession or a demonstration is held in or passes by places where state organs, military organs, radio stations, television stations or foreign embassies or consulates are located, the competent authorities may, with a view to keeping order, establish temporary security lines, which shall not be crossed without permission by the people's police.

  Article 23 No assembly, procession or demonstration shall be held within a peripheral distance of 10-300 metres from the following places, with the exception of those approved by the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government:

  (1) premises 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;

  (2) places where state guests are staying;

  (3) important military installations; and

  (4) air harbours, railway stations and ports.

  The specific peripheral distances from the places listed in the preceding paragraph shall be defined 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 shall be limited to 6 a.m. - 10 p.m., with the exception of those held by decision or approval of the local people's governments.

  Article 25 An assembly, a procession or a demonstration shall be conducted in accordance with the purposes, manners, posters, slogans, starting and finishing time, places, routes and other matters for which permission has been granted.

  The person(s) responsible for an assembly, a procession or a demonstration must assume responsibility for maintaining the order thereof and strictly guard against participation by others.

  The person(s) responsible for an assembly, a procession or a demonstration shall, when necessary, appoint special personnel to assist the people's police in maintaining order. The personnel responsible for the maintenance of order shall wear identification marks.

  Article 26 The holding of an assembly, a procession or a demonstration shall not contravene the regulations on public security administration and shall not involve criminal activities or the instigation of crimes.

  Article 27 The people's police shall stop an assembly, a procession or a demonstration that is being held, if it involves one of the following circumstances:

  (1) failure to make an application in accordance with the provisions of this Law or to obtain permission for the application;

  (2) failure to act in accordance with the purposes, manners, posters, slogans, starting and finishing time, places and routes permitted by the competent authorities; or

  (3) the emergence, in the course of the activity, of a situation which endangers public security or seriously undermines public order.

  If any of the circumstances specified in the preceding paragraph occurs and the instruction to stop the activity is ignored, the chief officer of the people's police present at the scene shall have the authority to order a dismission; for those who refuse to dismiss, the chief police officer present at the scene shall have the authority to decide, in accordance with relevant state provisions, on the adoption of necessary measures to force a dismission and to take away from the scene by force those who refuse to obey or detain them at once.

  If a participant in an assembly, a procession or a demonstration crosses the temporary security lines established in accordance with the provisions of Article 22 of this Law, enters a certain peripheral space around the specific places where no assemblies, processions and demonstrations shall be held as specified in Article 23 of this Law, or commits other illegal or criminal acts, the people's police may take him away from the scene by force or detain him at once.

  Chapter IV Legal Responsibility

  Article 28 Those who commit acts in violation of public security administration in the process of an assembly, a procession or a demonstration shall be punished in accordance with the relevant provisions of the Regulations on Administrative Penalties for Public Security. The public security organ may punish by warning or by criminal detention of not more than 15 days the responsible person(s) and the person(s) who is directly responsible, if an assembly, a procession or a demonstration that is being held involves one of the following circumstances:

  (1) failure to make an application in accordance with the provisions of this Law or to obtain permission for the application; or

  (2) failure to act in accordance with the purposes, manners, posters, slogans, starting and finishing time, places, and routes permitted by the competent authorities, and disregard of instructions to stop acting without permission.

  Article 29 Any participant in an assembly, a procession or a demonstration who commits a crime shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

  Any participant in an assembly, a procession or a demonstration who carries weapons, controlled cutting tools or explosives shall be investigated for criminal responsibility by applying mutatis mutandis the provisions of Article 163 of the Criminal Law. In a case where no application has been made for an assembly, a procession or a demonstration in accordance with the provisions of this Law or no permission has been granted for the application or where it is conducted not in accordance with the starting and finishing time, places and routes permitted by the competent authorities, while the order of dismission is disobeyed and public order seriously undermined, the person(s) responsible for the assembly, procession or demonstration and the person(s) who is directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 158 of the Criminal Law.

  In a case where an assembly, a procession or a demonstration leads to the siege of a state organ or people breaking into it, preventing it from conducting its business or state activities normally, the person(s) responsible for the assembly, procession or demonstration and the person(s) who is directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 158 of the Criminal Law.

  In a case where an assembly, a procession or a demonstration leads to the occupation of public places, the interception of vehicles or pedestrians or the gathering of crowds to block traffic, so that order at public places and traffic order are seriously undermined, the person(s) responsible for the assembly, procession or demonstration and the person(s) who is directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 159 of the Criminal Law.

  Article 30 Those who disturb, break into or undermine by other means an assembly, a procession or a demonstration held in compliance with law may be punished by the public security organ by warning or by criminal detention of not more than 15 days; if the circumstances are serious and a crime is constituted, they shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

  Article 31 If a party refuses to accept the decision on punishment by detention made in accordance with the provisions of the second paragraph of Article 28 or Article 30 of this Law, he may appeal to the public security organ at the next higher level within five days of receiving the notice on the decision on punishment; the public security organ at the next higher level shall make a decision within five days of receiving the appeal; if the party refuses to accept the decision of the public security organ at the next higher level, he may institute proceedings in the people's court within five days of receiving the notice on the decision.

  Article 32 Anyone who, in the course of an assembly, a procession or a demonstration, damages public or private property or causes injuries or deaths to others shall be liable for compensation according to law, apart from being punished in accordance with the relevant provisions of the Criminal Law or the Regulations on Administrative Penalties for Public Security.

  Article 33 If a citizen, in a city other than his place of residence, starts or organizes an assembly, a procession or a demonstration by local citizens, the public security organ shall have the authority to detain him or send him back by force to his place of residence.

  Chapter V Supplementary Provisions

  Article 34 This Law shall apply to assemblies, processions and demonstrations held by foreigners within the territory of China.

  Foreigners in the territory of China may not, without approval by the competent authorities, participate in an assembly, a procession or a demonstration held by Chinese citizens.

  Article 35 The public security department under the State Council may, in accordance with this Law, formulate rules of implementation, which shall go into effect after being submitted to and approved by the State Council.

  The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law, formulate measures for implementation.

  Article 36 This Law shall enter into force on the date of promulgation


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