英语巴士网

中华人民共和国集会游行示威法(1)

分类: 法律英语 
 

(Adopted at the Tenth Meeting of the Standing Committee of the Seventh National People's Congress on October 31, 1989, promulgated by Order No. 20 of the President of the People's Republic of China on October31, 1989 and effective as of the same date)
颁布日期:19891031  实施日期:19891031  颁布单位:全国人大常委会

Contents

Chapter I General Provisions

Chapter II Application and Permission for Assemblies, Processions and Demonstrations

Chapter III The Holding of Assemblies, Processions and Demonstrations

Chapter IV Legal Responsibility

Chapter V Supplementary Provisions

Chapter I General Provisions

Article 1 Pursuant to the Constitution, this Law is enacted to safeguard citizens' exercise of their right to assembly, procession and demonstration according to law and to maintain social stability and public order.

Article 2 This Law shall apply to assemblies, processions and demonstrations held within the territory of the People's Republic of China.

The term “assembly” used in this Law means an activity in which people gather at a public place in the open air to express views or aspirations.

The term “procession” used in this Law means an activity in which people line up for a march along a public road or across a public place in the open air to express their common aspirations.

The term “demonstration” used in this Law means an activity in which people express their common aspirations, including demands, protests, support or moral support, in the manner of an assembly, a procession, a sit-in, etc., at a public place in the open air or along a public road.

This Law shall not apply to recreational or sports activities, normal religious activities or traditional folk events.

Article 3 The citizens' exercise of their right to assembly, procession and demonstration shall be safeguarded by the people's governments at all levels in accordance with the provisions of this Law.

Article 4 In exercising their right to assembly, procession and demonstration, citizens must abide by the Constitution and the laws, shall not oppose the cardinal principles specified in the Constitution and shall not impair state, public or collective interests or the lawful freedoms and rights of other citizens.

Article 5 An assembly, a procession or a demonstration shall be held in a peaceful manner; no weapons, controlled cutting tools or explosives shall be carried, and no violence employed.

Article 6 The competent authorities governing assemblies, processions and demonstrations shall be the municipal public security bureau, county security bureau or municipal public security sub-bureau in the localities where the assemblies, processions and demonstrations are held; if the route of a procession or demonstration cuts through two or more districts or counties, the competent authorities thereof shall be the public security organ at the next higher level to the public security organs in such districts or counties.

Chapter II Application and Permission for Assemblies, Processions and Demonstrations

Article 7 For the holding of an assembly, a procession or a demonstration, application must be made to and permission obtained from the competent authorities in accordance with the provisions of this Law.

It shall not be necessary to apply for the following activities:

(1) celebrations or commemorative activities held by the state or by state decisions; and

(2) assemblies held by state organs, political parties, public organizations, enterprises or institutions in accordance with law or the relevant articles of association.

Article 8 There must be a person or persons responsible for the holding of an assembly, a procession or a demonstration.

For the holding of an assembly, a procession or a demonstration for which an application has to be made under this Law, the responsible person(s) must submit an application in writing to the competent authorities five days prior to the date of the activity. The application shall specify the purposes of the assembly, procession or demonstration, how it is going to be conducted, the posters and slogans to be used, the number of participants, the number of vehicles, the specifications and quantities of the sound facilities to be used, the starting and finishing time, the places (including places where the participants assemble and disperse), the route, and the name(s), occupation(s) and address(es) of the person(s) responsible for the assembly, procession or demonstration.

Article 9 After receiving an application for an assembly, a procession or a demonstration, the competent authorities shall inform the responsible person(s) in writing of their decision to grant or not to grant permission two days prior to the date of the activity applied for. If no permission is granted, the reasons thereof shall be given. Failure to serve notice within the time limit shall be construed as the granting of permission.

If an assembly, a procession or a demonstration is truly necessitated by unexpected occurrences, a report must be made immediately to the competent authorities: upon receiving the report, the competent authorities shall immediately examine it and decide to grant or not to grant permission.

Article 10 If an application is made for an assembly, a procession or a demonstration which will press for the settlement of specific issues, the competent authorities may, after receiving the application, inform the departments or units concerned to resolve such issues through consultation with the person(s) responsible for the assembly, procession or demonstration, and may also postpone for five days the starting date specified in the application.

Article 11 If the competent authorities are of the opinion that the holding of an assembly, a procession or a demonstration at the time or place or along the route specified in the application will seriously affect traffic and public order, they may, upon or after granting permission, change the time, place or route and inform the responsible person(s) of the change in good time.

Article 12 No permission shall be granted for an application for an assembly, a procession or a demonstration which involves one of the following circumstances:

(1) opposition to the cardinal principles specified in the Constitution;

(2) harming the unity, sovereignty and territorial integrity of the state;

(3) instigation of division among the nationalities; or

(4) the belief, based on sufficient evidence, that the holding of the assembly, procession or demonstration that is being applied for will directly endanger public security or seriously undermine public order.

Article 13 If the person(s) responsible for an assembly, a procession or a demonstration does not accept the competent authorities' decision not to grant permission, he may apply to the people's government at the same level for reconsideration within three days of receiving the notice on the decision, and the people's government shall make a decision within three days of receiving the application for reconsideration.

Article 14 The person(s) responsible for an assembly, a procession or a demonstration may withdraw his application after submitting it and before receiving a notice of the competent authorities; if a decision is made to call off the assembly, procession or demonstration after receipt of the competent authorities' notice on the granting of permission, the responsible person(s) concerned shall inform the competent authorities of the decision in good time and dismiss the participants if they have assembled.

Article 15 No citizens shall, in a city other than his place of residence, start, organize or participate in an assembly, a procession or a demonstration of local citizens.

Article 16 No functionary of a state organ shall organize or participate in an assembly, a procession or a demonstration which contravenes the functions and obligations of functionaries of state organs as prescribed in relevant laws and regulations.

Article 17 If anyone organizes or participates in an assembly, a procession or a demonstration in the name of a state organ, a public organization, an enterprise or an institution, he must first obtain approval from its leaders.

Chapter III The Holding of Assemblies, Processions and Demonstrations

Article 18 With respect to an assembly, a procession or a demonstration held in compliance with law, the competent authorities shall dispatch the people's police to keep traffic and public order and ensure the smooth progress of the assembly, procession or demonstration

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