This Law is formulated in accordance with the Constitution in order to ensure that citizens exercise their rights of assembly, procession and demonstration according to law, and to maintain public order and social stability.
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This Law shall apply to the holding of assemblies, processions and demonstrations in People's Republic of China (PRC).
The term "assembly" as mentioned in this Law refers to the activity of gathering in an open public place to express opinions and wishes.
The term "procession" as mentioned in this Law refers to the activities of demonstrating in public roads and open-air public places to show approval.
Demonstrations mentioned in this Law refer to activities that express demands, protests, support and solidarity in open-air public places or public roads by means of assembly, procession and sit-in.
This Law is not applicable to recreational sports activities, normal religious activities and traditional folk activities.
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People's governments at all levels shall, in accordance with the provisions of this law, guarantee citizens' right to exercise 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 set by the Constitution, nor harm the interests of the state, society and the collective or the legitimate freedoms and rights of other citizens.
Article 5
Assemblies, processions and demonstrations shall be conducted peacefully, and weapons, controlled knives and explosives shall not be carried, and violence or incitement to violence shall not be used.
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 passing through. Article 7
To hold an assembly, a procession or a demonstration, an application must be made to the competent authority and permission must be obtained in accordance with this Law.
There is no need to apply for the following activities: celebrations, commemorations and other activities organized by the state or according to state decisions; Assemblies held by state organs, political parties, social organizations, enterprises and institutions in accordance with laws and regulations. Article 8
There must be a person in charge when holding an assembly, a procession or a demonstration.
The person in charge of an assembly, a procession or a demonstration that needs to be applied for in accordance with the provisions of this Law 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, two days before the date of application, notify its responsible person in writing of the decision on approval or disapproval. If the license is not granted, the reasons shall be explained. Failure to notify within the time limit shall be deemed as permission.
If it is really necessary to hold an assembly, a procession or a demonstration temporarily due to an emergency, it must be reported to the competent authority immediately; After receiving the report, the competent authority shall examine and decide whether to grant permission.
Article 10
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 believes that holding an assembly, a procession or a demonstration according to the time, place and route of the application will seriously affect the traffic order and social order, it may change the time, place and route of the assembly, procession or demonstration when or after deciding to permit it, and notify its responsible person in time.
Article 12
An application for an assembly, a procession or a demonstration shall not be granted in any of the following circumstances: it is against the basic principles set by the Constitution; Endangering national unity, sovereignty and territorial integrity; Incite national division; The assembly, procession and demonstration that have been fully confirmed 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 permit it, 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 the 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; If, after receiving the permission notice from the competent authority, it decides not to hold an assembly, a procession or a demonstration, it shall promptly inform the competent authority. If the participants have assembled, they should be responsible for dissolution.
Article 15
Citizens are not allowed to initiate, organize or participate in assemblies, processions and demonstrations of local citizens in cities other than their places of residence.
Article 16
No functionary of a state organ may organize or participate in an assembly, a procession or a demonstration that violates the duties and obligations of a functionary of a state organ as prescribed by laws and regulations.
Article 17
Organizing or participating in assemblies, processions and demonstrations in the name of state organs, social organizations, enterprises and institutions must be approved by the person in charge of the unit.
Article 18
For assemblies, processions and demonstrations held according to law, the competent authorities shall send people's police to maintain traffic order and social order and ensure the smooth progress of assemblies, processions and demonstrations.
Article 19
No one may disturb, shock or disrupt an assembly, a procession or a demonstration held according to law by violence, coercion or other illegal means.
Article 20
In order to ensure that the procession is 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 on-site person in charge of the people's police has the right to change the procession route.
Article 22
In order to maintain order, the competent authorities may set up a temporary cordon nearby for an assembly, procession or demonstration held or passed by state organs, military organs, radio stations, television stations and foreign embassies and consulates in China, and shall not cross it without the permission of the people's police.
Article 23
No assembly, procession or demonstration shall be held within 10 meters to 300 meters of 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: NPC Standing Committee, the State Council, the Central Military Commission (CMC), the Supreme People's Court and the Supreme People's Procuratorate; State guest accommodation; Important military facilities; 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 assemblies, processions and demonstrations is limited to 6: 00 a.m. to 6: 00 p.m. 10, 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 purpose, manner, slogan, starting and ending time, place and route.
The person in charge of the assembly, procession and demonstration must be responsible for maintaining the order of the assembly, procession and demonstration and preventing 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
Holding an assembly, a procession or a demonstration shall not violate the laws and regulations on public security administration, and shall not engage in criminal activities or incite crimes.
Article 27
The people's police shall stop the holding of an assembly, a procession or a demonstration in any of the following circumstances: failing to apply in accordance with the provisions of this Law or failing to obtain permission for the application; Failing to follow the purpose, mode, slogan, starting and ending time, place and route permitted by the competent authority; Is endangering public security or seriously undermining social order. Under any of the circumstances listed in the preceding paragraph, the person in charge of the people's police at the scene 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 the specific places listed in Article 23 of this Law where assemblies, processions and demonstrations are prohibited, or commit other illegal and criminal acts, the people's police may forcibly take them away from the scene or immediately detain them. Article 28
Whoever holds an assembly, a procession or a demonstration in violation of public security administration shall be punished in accordance with the relevant provisions of the Law on Public Security Administration Punishment.
If an assembly, a procession or a demonstration is held in any of the following circumstances, and the application is not made in accordance with the provisions of this Law or the application is not approved, the public security organ may impose a warning or detain the person in charge and the person directly responsible for it for less than 15 days; Failing to follow the purpose, mode, slogan, starting and ending time, place and route permitted by the competent authority, and refusing to stop it; Article 29
Holding an assembly, a procession or a demonstration, which constitutes 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 in accordance with the relevant provisions 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 dissolution order is refused according to the starting and ending time, place and route approved by the competent authority, thus seriously undermining social order, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
If a state organ is besieged or attacked, so that the official activities of the state organ or state activities cannot be carried out normally, criminal responsibility shall be investigated in accordance with the relevant provisions of the Criminal Law.
Those who occupy public places, stop vehicles and pedestrians, or gather people to block traffic and seriously disrupt public places and traffic order shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Article 30
If an assembly, procession or demonstration held according to law is disturbed, attacked or otherwise destroyed, the public security organ may give it a warning or detain it for less than fifteen 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 detention and punishment made by the public security organ in accordance with the second paragraph of Article 28 or the provisions of Article 30 of this Law, he may appeal to the public security organ at the next higher level within five days from the date of receiving the notice of the punishment decision. If the public security organ at the next higher level refuses to accept the ruling, it 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 assembly, procession and demonstration, those who destroy public or private property or infringe upon others' bodies and cause casualties shall be liable for compensation in addition to punishment in accordance with the relevant provisions of the Criminal Law or the Law on Public Security Administration Punishment.
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 shall have the right to detain him or forcibly send him back to his original place. Article 34
The provisions of this Law shall apply to assemblies, processions and demonstrations held by foreigners in China.
Without the approval of the competent authorities, foreigners in China are not allowed to participate in assemblies, processions and demonstrations held by citizens of China.
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 measures for implementation in accordance with this Law.