In order to maintain the normal order of letters and visits and social public order, and to stop and punish the illegal and criminal acts of letters and visits according to law, according to the Criminal Law of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on Public Security Administration Punishment, the Regulations on Letters and Visits, and the notice of Hunan Higher People's Court of Hunan Provincial People's Procuratorate of Hunan Provincial Public Security Department of Hunan Provincial Department of Justice on printing and distributing the Guiding Opinions on Handling the illegal and criminal acts of letters and visits according to law.
First, it is strictly forbidden to gather people to contain and attack state organs. Offenders shall be dealt with according to the following circumstances:
1, if the circumstances are relatively minor, the public security shall be punished in accordance with the provisions of the Law on Public Security Administration Punishment.
2. Gathering people to attack state organs, disturb the working order of state organs, refuse or hinder the staff of state organs from performing their duties according to law, so that the work of state organs cannot be carried out normally, and serious consequences have not yet been caused. For ringleaders and other active participants, reeducation through labor shall be decided in accordance with the provisions of the public security organs on handling cases of reeducation through labor.
3. Gathering people to contain and attack state organs, if the circumstances are serious, so that the work of state organs can not be carried out and serious losses are caused, the ringleaders and other active participants shall be investigated for criminal responsibility according to law.
Second, it is strictly forbidden to illegally gather, sit in, distribute petition materials, shout slogans, post banners, display paper and wear clothes around the offices of state organs in key areas of Beijing or public places such as stations, ports, docks, airports, shopping malls, parks and exhibition halls, thus disturbing public order. If the staff of the relevant state organs dissuade, criticize and educate the above acts, the public security organs shall give them a warning, admonish or stop them; Refuses to stop, the person in charge of the public security organ may, in accordance with the provisions of the Law on Assemblies, Processions and Demonstrations, be ordered to dissolve; Refuses to dissolve, the public security organ may take necessary measures to forcibly disperse, forcibly take the person who refuses to obey away from the scene or immediately detain him, and deal with it according to the following circumstances:
1, if the circumstances are relatively minor, the public security shall be punished in accordance with the provisions of the Law on Public Security Administration Punishment.
2. The ringleaders and other active participants who gather people to disturb the order of stations, docks, ports, airports, shopping malls, parks, exhibition halls or other public places, if the crime is minor and the people's procuratorate does not prosecute, the people's court shall be exempted from criminal punishment and meet the conditions of reeducation through labor, and the reeducation through labor shall be decided in accordance with the provisions of the public security organs on handling cases of reeducation through labor.
3. Gathering people to disturb the order of stations, docks, ports, airports, shopping malls, parks, exhibition halls, theaters or other public places, and resisting or obstructing state functionaries from performing their duties according to law. If the circumstances are serious, the ringleaders shall be investigated for criminal responsibility according to law.
Three, it is forbidden to take blocking doors, blocking roads or other methods to disrupt the work, production, business, teaching and scientific research activities of enterprises and institutions. Offenders shall be dealt with according to the following circumstances:
1, if the circumstances are relatively minor, the public security shall be punished in accordance with the provisions of the Law on Public Security Administration Punishment.
2. Gathering people to disturb the order of the work, production, business, teaching and scientific research activities of enterprises and institutions, and refusing or hindering the staff of state organs from performing their duties according to law, so that the work, production, teaching and scientific research of enterprises and institutions can not be carried out normally, and serious consequences have not yet been caused, the ringleaders and other active participants shall decide on reeducation through labor in accordance with the provisions of the public security organs on handling cases of reeducation through labor.
3. Disrupting the work, production, business, teaching and scientific research activities of enterprises and institutions, if the circumstances are serious, so that the work, production, business, teaching and scientific research of enterprises and institutions can not be carried out, resulting in serious losses, the ringleaders and other active participants shall be investigated for criminal responsibility according to law.
Four, it is strictly prohibited to disturb the order of activities such as forcibly entering the venue in large-scale mass activities such as culture and sports. Offenders shall be punished in accordance with the provisions of the Public Security Administration Punishment Law.
Five, it is strictly prohibited to jam, block traffic or disrupt traffic order. Offenders shall be punished for public security in accordance with the provisions of the Law on Public Security Administration Punishment; If people gather to block or block traffic or disturb traffic order, and resist or hinder state security administrators from performing their duties according to law, if the circumstances are serious, the ringleaders shall be investigated for criminal responsibility according to law.
Six, it is strictly prohibited to illegally intercept or forcibly board, take motor vehicles and other means of transportation, affecting the normal driving of vehicles. Offenders shall be punished in accordance with the provisions of the Public Security Administration Punishment Law.
Seven, it is forbidden to carry dangerous goods or control devices to carry out self-injury, self-mutilation, suicide and other extreme acts. Offenders shall be dealt with according to the following circumstances:
1, found and stopped in time, shall be punished in accordance with the provisions of the Public Security Administration Punishment Law.
2. Those who commit extreme acts such as self-injury, self-mutilation and suicide in public places such as state organs and reception places for letters and visits shall be punished for public security in accordance with the provisions of the Law on Public Security Administration Punishment.
3. Whoever injures himself, herself or commits suicide by explosion, arson or other dangerous methods, which endangers public safety and constitutes a crime, shall be investigated for criminal responsibility according to law.
Eight, it is strictly prohibited to threaten arson, explosion, throwing dangerous substances to disturb public order. Offenders shall be punished in accordance with the provisions of the Public Security Administration Punishment Law.
Nine, it is strictly prohibited to threaten, insult, slander, beat others, or illegally restrict the personal freedom of others. Offenders shall be dealt with according to the following circumstances:
1. Whoever threatens, publicly insults, slanders or beats others in the process of letters and visits, or illegally restricts the personal freedom of others in the process of letters and visits, shall be punished in accordance with the provisions of the Law on Public Security Administration Punishment.
2. In the process of letters and visits, those who make trouble without reason, do not listen to dissuasion, threaten, insult, slander or beat others, seriously affect the working order of the organs, and are not serious enough for criminal punishment, shall decide on reeducation through labor in accordance with the provisions of the public security organs on handling cases of reeducation through labor.
3. Whoever illegally restricts the personal freedom of others, insults or slanders others, seriously endangers social order and national interests, and beats others, which constitutes a crime, shall be investigated for criminal responsibility according to law.
4. Whoever incites to subvert the state power or overthrow the socialist system by spreading rumors, slandering or other means shall be investigated for criminal responsibility according to law.
Ten, it is strictly prohibited to deliberately fabricate, distort the facts, falsely accuse and frame others.
1. Whoever fabricates or distorts facts, intentionally spreads rumors or incites to disturb social order by other means, fabricates facts and falsely accuses others in an attempt to subject others to criminal investigation or administrative punishment for public security shall be punished for public security in accordance with the provisions of the Law on Administrative Punishment for Public Security.
2. Whoever fabricates facts and falsely accuses others with the intention of making others be investigated for criminal responsibility, if the circumstances are serious enough to constitute a crime, shall be investigated for criminal responsibility according to law.
Eleven, it is strictly prohibited to refuse or hinder the staff of state organs to perform their duties according to law. Whoever makes trouble without reason, disturbs the work order, refuses or hinders the staff of state organs from performing their duties according to law by pestering, abusing or other means, obstructs the passage of vehicles such as fire engines, ambulances, engineering rescue vehicles and police cars performing urgent tasks, and forcibly rushes into warning tape and warning zones set up by public security organs, shall be given public security punishment in accordance with the provisions of the Law on Public Security Administration Punishment. Whoever obstructs the people's police from performing their duties according to law shall be given a heavier punishment in accordance with the provisions of the Law on Public Security Administration Punishment. Whoever obstructs state functionaries from performing their duties according to law by violence or threat, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Twelve, it is strictly prohibited to incite and plan illegal assemblies, processions and demonstrations. Inciting and planning illegal assembly, procession and demonstration, and refusing to listen to dissuasion, shall be punished for public security in accordance with the provisions of the Law on Public Security Administration Punishment; If an assembly, procession or demonstration is held illegally without the approval of the public security organ, the person in charge and the person directly responsible shall be given public security punishment in accordance with the provisions of the Law on Assembly, Parade and Demonstration; If an illegal assembly, procession or demonstration refuses to obey the dissolution order, which seriously undermines social order and constitutes a crime, the person in charge and the person directly responsible shall be investigated for criminal responsibility according to law.
Thirteen, it is strictly prohibited to stay in the petition reception place after the petition reception is accepted or informed, or to abandon the elderly, patients, disabled people or infants and other people who can not take care of themselves in the petition reception place. Offenders who are warned, admonished or stopped shall be punished in accordance with the provisions of the Law on Public Security Administration Punishment.
14. It is strictly forbidden to place wreaths or park corpses in reception places for letters and visits or other public places, and the normal life and work order of others shall not be affected by placing wreaths or parking corpses. Offenders shall be punished in accordance with the provisions of the Public Security Administration Punishment Law.
Fifteen, it is strictly prohibited to intentionally destroy public and private property during the visit. One of the following acts shall be punished in accordance with the provisions of the Law on Public Security Administration Punishment:
1. Deliberately damage oil and gas pipeline facilities, power telecommunication facilities, radio and television facilities, water conservancy and flood control engineering facilities or public facilities such as hydrological monitoring, measurement, meteorological forecast, environmental monitoring, geological monitoring and earthquake monitoring.
2 damage to railway facilities, equipment, locomotive and rolling stock parts or safety signs.
3. Damage to pavement manhole covers, lighting and other public facilities.
4, arbitrary damage, occupation of public and private property to disturb public order.
5. Other acts of intentionally destroying public or private property and infringing property rights.
Whoever intentionally destroys public or private property in a large amount or has other serious circumstances, which constitutes a crime, shall be investigated for criminal responsibility according to law.
Sixteen, it is strictly prohibited to cheat public and private property in the name of letters and visits. Offenders shall be punished for public security in accordance with the provisions of the Law on Public Security Administration Punishment; If a crime is constituted, criminal responsibility shall be investigated according to law.
Seventeen, it is strictly prohibited to drive a motor vehicle, non motor vehicle illegal assembly, procession and demonstration. Offenders shall be given administrative punishment in accordance with the provisions of the Law on Assembly, Parade and Demonstration.
Eighteen, it is forbidden to petition many people not to elect representatives in accordance with the provisions, disrupting the normal working order of state organs. Offenders, after warning, admonishing or stopping, shall be punished in accordance with the provisions of the Law on Public Security Administration Punishment.
Nineteen, it is strictly forbidden for petitioners to visit non-petition reception places and organs, disrupting the order of the unit. Offenders, after warning, admonishing or stopping, shall be punished in accordance with the provisions of the Law on Public Security Administration Punishment.
Twenty, it is strictly prohibited that the petitions have been closed or terminated at the third level, and there is a clear answer that still pesters and disturbs the normal working order of state organs. Offenders who are warned, admonished or stopped shall be punished in accordance with the provisions of the Law on Public Security Administration Punishment; If the circumstances are serious, reeducation through labor shall be decided in accordance with the provisions of the public security organs on handling cases of reeducation through labor.
Twenty-one, it is strictly prohibited to instigate, coerce or trick others into committing illegal and criminal acts of letters and visits. Offenders shall be investigated for criminal responsibility according to law.
Twenty-two, the complainant in the petition activities have other acts that disturb public order and hinder national and public safety, in accordance with the provisions of relevant laws and regulations.
Twenty-three, this notice shall come into force as of the date of promulgation.