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中华人民共和国集会游行示威法实施条例 REGULATIONS FOR IMPLEMENTATION OF THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON ASSEMBLIES, PROCESSIONS AND DEMONSTRATIONS

2006-05-17 14:13   我要纠错 | 打印 | 收藏 | | |

国函(1992)46号
(Approved by the State Council on May 12, 1992, promulgated by Decree No. 8 of the Ministry of Public Security on June 16, 1992)
颁布日期:19920616  实施日期:19920616  颁布单位:国务院

  Chapter I General Provisions

  Article 1 These Regulations are formulated according to the Law of the People's Republic of China on Assemblies, Processions and Demonstrations (hereinafter referred to as the Law on Assemblies, Processions and Demonstrations)。

  Article 2 The people's governments at various levels shall, in accordance with the law, safeguard citizens' exercise of their rights to assembly, procession and demonstration, maintain social stability and public order, and protect assemblies, processions and demonstrations held in compliance with law from disturbance, attack or disruption by anybody by violence, coercion or any other illegal means.

  Article 3 Public places in the open air mentioned in Article 2 of the Law on Assemblies, Processions and Demonstrations mean open-air public places that the public may enter freely or by ticket, not including interior open-air places administrated by state organs, public organizations, enterprises or institutions; public roads mean those on both land and water except interior roads specially used by state organs, public organizations, enterprises or institutions.

  Article 4 Recreational or sports activities, normal religious activities and traditional folk events shall be subject to the administration by the people's governments at various levels or relevant competent departments in accordance with relevant laws, regulations and other relevant state provisions.

  Article 5 Weapons as mentioned in the Law on Assemblies, Processions and Demonstrations mean various firearms and ammunition and other weapons which may be used to do personal injury; controlled cutting tools mean daggers, triangular swords, spring swords and other swords controlled in accordance with law; explosives mean all explosive substances with explosive force and destructiveness that may cause personal injuries or deaths or property damages in a flash.

  No weapons, controlled cutting tools or explosives as mentioned in the preceding paragraph shall be carried on in assemblies, processions or demonstrations, or transported to the localities where assemblies, processions or demonstrations are held.

  Article 6 If any activities are held without prior applications under Paragraph 2, Article 7 of the Law on Assemblies, Processions and Demonstrations, the traffic and social order shall be maintained.

  Article 7 Assemblies, processions and demonstrations shall be governed by the municipal public security bureaus, county public security bureaus or municipal public security sub-bureaus in the localities where the assemblies, processions or demonstrations are held.

  If the route of a procession or demonstration covers two or more districts or counties within a same municipality directly under the central government, a same municipality under the provincial or autonomous regional government, or a same prefecture under the provincial or autonomous regional government, the procession or demonstration shall be governed by the municipal public security bureau or the prefecture public security department; if the route of a procession or demonstration covers two or more municipalities under the provincial government, municipalities under the autonomous regional government, or prefectures, within a same province or autonomous region, the procession or demonstration shall be governed by the provincial or autonomous regional public security department; if the route of a procession or demonstration covers two or more provinces, autonomous regions or municipalities directly under the central government, the procession or demonstration shall be governed by the Ministry of Public Security or the public security department of the province, autonomous region or municipality directly under the central government authorized by the Ministry of Public Security.

  Chapter II Application and Permission for Assemblies, Processions and Demonstrations

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

  Persons coming under any of the following categories shall not be a person responsible for the holding of an assembly, procession or demonstration:

  (1) persons having no capacity for legal conduct or persons with limited capacity for legal conduct;

  (2) convicted persons serving their sentences;

  (3) persons undergoing rehabilitation through labor; or

  (4) persons under criminal compulsory measures or other legal measures restricting personal freedom.

  Article 9 For holding of an assembly, a procession or a demonstration, the person responsible must personally submit an application in writing to the competent public security organ stipulated in Article 7 of these Regulations. The competent public security organ shall not entertain an application if it is not submitted personally by the person responsible.

  When submitting an application in writing, the person responsible for the holding of the assembly, procession or demonstration shall produce his identity card or other valid certificates, and fill in the application and registration form truthfully.

  Article 10 Upon the receipt of an application for assembly, procession or demonstration, the competent public security organ shall make timely examination and, within the stipulated period, render a decision in writing to grant or not to grant permission. The permitted matters or reasons why no permission is given shall be stated in the decision.

  The decision shall be served on the person responsible two days before the date of assembly, procession or demonstration, with the person responsible signing the receipt. If the person responsible refuses to receipt the decision, the person serving the decision shall ask representatives from the grass-roots organization in location of the person responsible or other persons as witnesses to appear on the scene, explain the situation to them, and record on the receipt the reasons for refusal and the date of it. After the person serving the decision and the witnesses have affixed their signatures to the receipt, the decision shall be left at the place of the person responsible and the service shall be deemed completed.

  If there is a prior appointment on the serving time and place, and the service cannot be completed because the person responsible fail to appear at the appointed place within the appointed time limits, it shall be deemed that the application has been withdrawn; failure by the competent public security organ to make service at the appointed place within the appointed time limits shall be deemed as the granting of permission.

  Article 11 If an application is made for an assembly, procession or demonstration which will press for the settlement of specific issues, the competent public security organ shall, within two days of receiving the application, issue a Notice of Consultation on Specific Issues respectively to the person responsible for the assembly, procession or demonstration and the departments or units concerned and, if necessary, to the competent authority to the departments or units concerned. The departments or units concerned and the person responsible for the assembly, procession or demonstration shall conduct consultation within two days from the next day of the day on which the Notice of Consultation on Specific Issues issued by the public security organ is received. If an agreement is reached through consultation, the agreement signed by the persons responsible of the two sides shall be submitted in time by the departments or units concerned to the competent public security organ; if no agreement is reached or no consultation has been taken within two days from the next day of the day on which the Notice of Consultation on Specific Issues is received, and the applicant insists on the holding of assembly, procession or demonstration, the departments or units concerned shall inform the competent public security organ of the situation in good time, and the latter shall, in accordance with the provisions of Article 10 of these Regulations, make a decision to grant or not to grant permission without delay.

  If one or both parties notified by the competent public security organ to conduct consultation on specific issues are in towns or cities other than where the competent public security organ is, the stipulated period for serving or sending a Notice of Consultation on Specific Issues, an agreement reached through consultation or a notice that no agreement has been reached, shall not include the starting day of the serving or sending nor the period within which the notice or the agreement is on the way.

  Article 12 Pursuant to the provisions of Article 15 of the Law on Assemblies, Processions and Demonstrations, no citizens shall, in a city other than his place of residence, start, organize or participate in an assembly, procession or demonstration of local citizens. The place of residence in that article means a place where a citizen has his permanent residence registration or a place where a citizen has his preliminary residence registration and has been residing for six months or more without interruption.

  Article 13 If it decides to grant permission after receiving an application for an assembly, procession or demonstration, the competent public security organ may, under any of the following circumstances, make changes to the time, place or route of the assembly, procession or demonstration, and inform the person responsible thereof in good time:

  (1) the time for the holding of the assembly, procession or demonstration applied for falls on traffic rush hours, and a serious and long-time traffic jam may be caused;

  (2) the place or route for the assembly, procession or demonstration applied for is under construction and without traffic capacity;

  (3) the place for the assembly, procession or demonstration applied for is a ferry crossing or a railway-road junction, or near the country's boundaries(borders);

  (4) the motor-vehicles to be used are not in compliance with provisions concerning road maintenance;

  (5) at the time and place for the assembly, procession or demonstration applied for, there will be important activities of national affairs; or

  (6) with regard to the time, place and route for the assembly, procession or demonstration applied for, a permission has been granted to other people applying for an assembly, procession or demonstration.

  If the competent public security organ decides to grant permission and considers that it is necessary to make changes to the time, place or route of the assembly, procession or demonstration, it shall state the changes in its decision.

  If, after permission has been granted, at the place for the assembly, procession or demonstration applied for or along the route thereof, natural or public security calamity has occurred, the relief work is being undertaken, and it is impossible to resume normal order before the date on which the assembly, procession or demonstration is to be held, the competent public security organ may make changes to the time, place or route for the assembly, procession or demonstration, and shall, before the date applied for, service a Decision on Changing Matters Related to Assembly, Procession or Demonstration on the person responsible for the assembly, procession or demonstration.

  Article 14 If the person responsible for the assembly, procession or demonstration refuses to accept the competent public security organ's no-permission decision, he may apply to the people's government at the same level for reconsideration within three days of receiving the decision. The people's government shall, within three days of receiving the reconsideration application, make a reconsideration decision to affirm or annul the competent public security organ's decision, and service an Reconsideration Decision on Assembly, Procession or Demonstration on the person responsible for the assembly, procession or demonstration as well as the competent public security organ who make the original decision. The competent public security organ and the person responsible for the assembly, procession or demonstration must implement the reconsideration decision made by the people's government.

  Article 15 If the person responsible for an assembly, procession or demonstration withdraws his application after submitting it and before receiving a notice of the competent public security organ, he shall go through the withdrawal procedure in good time with the competent public security organ entertaining the application.

  If, after receiving the competent public security organ's decision granting permission or the people's government's reconsideration decision granting permission, the person responsible for an assembly, procession or demonstration decides not to hold the assembly, procession or demonstration, he shall, before the date on which the assembly, procession or demonstration is originally to be held, return the decision or reconsideration decision to the relevant competent public security organ or people's government.

  Article 16 If an assembly, procession or demonstration is held or participated in the name of a state organ, a public organization, an enterprise or an institution, the person responsible must, submit a certification with the signature of the leader of the state organ, public organization, enterprise or institution and the official seal affixed, in addition to an application.

  Chapter III The Holding of Assemblies, Processions and Demonstrations

  Article 17 With respect to an assembly held in compliance with law, the public security organ shall, in the light of the actual needs, dispatch the people's police to maintain order and ensure the smooth progress of the assembly.

  With respect to a procession or demonstration held in compliance with law, the people's police responsible for maintaining order shall, along the route or at the location of the procession or demonstration as permitted by the competent public security organ, relieve traffic congestion, protect the procession or demonstration order from any disturbance or disruption and, if necessary, may temporarily exercise flexibility in their execution of the relevant provisions of traffic regulations, and ensure the smooth progress of the procession or demonstration.

  Article 18 The people's police responsible for maintaining traffic and social order shall be unifiedly commanded by the on-the-spot person in charge appointed by the competent public security organ. The on-the-spot person in charge of the people's police shall keep in touch with the person responsible for the assembly, procession or demonstration.

  Article 19 If it becomes impossible for a procession on the march to follow the permitted route because of the occurrence of natural calamity, traffic accident or other public security calamity on the way ahead, the occurrence of serious conflicts and chaos between the marchers or the marchers and the onlookers, or the occurrence of any other unexpected circumstances, the on-the-spot person in charge of the people's police shall have the authority to change the route of the procession.

  Article 20 There shall be clear marks for the temporary security lines established by the competent public security organ and, if necessary, barriers may be placed.

  Article 21 The peripheral distance from a place within which no assembly, procession or demonstration may be held as mentioned in Article 23 of the Law on Assemblies, Processions and Demonstrations means the radiate distance from the periphery of the building at that place; in the case of enclosing walls or railings, the peripheral distance shall be measured from the periphery of the enclosing walls or railings. The specific peripheral distance from a place within which no assembly, procession or demonstration may be held shall be stipulated and published by the people's government of the province, autonomous region or municipality directly under the central government.

  When determining a peripheral distance from a place within which no assembly, procession or demonstration may beheld, the people's governments of province, autonomous region or municipality directly under the central government shall take consideration of both the security and order of the place and the convenience for the holding of the assembly, procession or demonstration.

  Article 22 The person responsible for an assembly, procession or demonstration must be responsible for keeping the order of the assembly, procession or demonstration, and shall dissuade other persons from joining the assembly, procession or demonstration; in case of failure of dissuasion, he shall promptly report it to the on-the-spot people's police responsible for maintaining order. The people's police shall make those persons stop upon receipt of the report.

  If the person responsible for an assembly, procession or demonstration appoints persons to assist the people's police in keeping order, he shall, before the holding date, submit a model of the identification mark to be worn by persons appointed to the competent public security organ for record.

  Article 23 Pursuant to the provisions of Article 27 of the Law on Assemblies, Processions and Demonstrations, the people's police has the authority to stop an assembly, procession or demonstration that is being held, if it is illegally held or a situation which endangers public security or seriously undermines public order emerges in the course of the activity. In case of failure of dissuasion and it is necessary to order a dismissal, the people's police shall, through broadcast, shouting propaganda or by other clear methods, tell people on the spot to leave the spot through the designated passage within the specified time limits. If someone refuses to leave within the specified time limits, the on-the-spot person in charge of the people's police shall have the authority to order, in accordance with relevant state provisions, the adoption of police weapons or other police instruments to force a dismissal; those continuing to stay on the spot may be taken away from the spot be force or be detained at once.

  Chapter IV Legal Responsibility

  Article 24 Those refusing or obstructing the people's police who are carrying out their functions of maintaining traffic and social order according to law shall be given an administrative penalty in accordance with relevant provisions of the Regulations on Administrative Penalties for Public Security; if a crime is constituted, the criminal responsibility shall be investigated.

  If someone violates Article 5 of these Regulations but the circumstances are not serious enough to constitute a crime, he shall be given an administrative penalty in accordance with relevant provisions of the Regulations on Administrative Penalties for Public Security.

  Article 25 Those whose criminal responsibilities shall be investigated under Article 29 or 30 of the Law on Assemblies, Processions and Demonstrations shall be handled by the competent public security organ of the holding place in accordance with the procedures stipulated by the Criminal Procedure Law.

  Article 26 With respect to those being detained under Article 33 of the Law on Assemblies, Processions and Demonstrations, the public security organ shall make interrogation within twenty-four hours; for those who should be sent back, the competent public security organ of the place of action shall make a Decision on Sending back by Force, and assign a policeman(men) to carry out the decision. The policeman(men) assigned shall take the person in question back to his place of residence and turn them together with the Decision on Sending back by Force over to the public security organ of the residence place of the person for handling according to law.

  Article 27 If someone should be given an administrative penalty for public security in accordance with Article 28 or 30 of the Law on Assemblies, Processions and Demonstrations or Article 24 of these Regulations, the penalty shall be decided and carried out by the public security organ of place of action in accordance with the procedures stipulated in the Regulations on Administrative Penalties for Public Security. If the penalized person refuses to accept the penalty decision, he may apply for reconsideration; if he refuses to accept the reconsideration decision made by the public security organ at higher level, he may institute a law suit with the people's court in accordance with relevant provisions of law.

  Article 28 With respect to those who are taken away from the spot by force or those who are detained at once under Article 27 of the Law on Assemblies, Processions and Demonstrations, the public security organ shall make interrogation within twenty-four hours. If no legal responsibility is to be investigated, the person in question shall be ordered to make statement of repentance and then be released; if legal responsibility is to be investigated, matters shall be handled in accordance with relevant provisions of law.

  Article 29 If, in an assembly, procession or demonstration, someone destroys private or public property or infringes upon other persons' privacy resulting in personal injuries or deaths, he shall bear the compensation responsibility in accordance with law. In the case of administrative penalty for public security, the public security organ of the place of action shall, in accordance with relevant provisions of the Regulations on Administrative Penalties for Public Security, rule on the amount of compensation and the bearing of expenses for medical treatment; in the case of crime, an incidental civil action shall be instituted.

  Chapter V Supplementary Provisions

  Article 30 These Regulations shall be applicable to assemblies, processions and demonstrations held by foreigners within the territory of China.

  If there is a foreigner(s) wishing to participate in an assembly, procession or demonstration held by Chinese citizens within the territory of China, the person responsible for the assembly, procession or demonstration shall state the matters in the application; foreigners may not participate without approval by the competent public security organ.

  Article 31 Measures formulated by the standing committee of the people's congress of a province, autonomous region or municipality directly under the central government for implementation of the Law on Assemblies, Processions and Demonstrations shall be applicable within its own administrative region; in case of any discrepancy between those measures and these Regulations, these regulations shall prevail.

  Article 32 The Ministry of Public Security shall be responsible for interpreting issues arising from the implementation of these Regulations.

  Article 33 These Regulations shall enter into force on the date of promulgation.

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