Representative Christopher H. Smith, Chair
Senator Jeff Merkley, Cochair
PRC Legal Provisions
Additional Laws and Regulations
[Repealed] Regulation on the Management of Venues for Religious Activity (Chinese Text)
May 5, 2006
The following text was retrieved from the United Front Work Department <a href="https://www.zytzb.org.cn/zongjiao/zongjiao2.htm">Web site</a> on April 6, 2006. This regulation was repealed upon entry into force of the State Council <a href="https://www.cecc.gov/pages/virtualAcad/index.phpd?showsingle=33049">Regulation on Religious Affairs</a>. |
Hunan People's Government Decision Concerning the Cancellation of the "Hunan Implementing Measures for the Regulation on the Management of Venues for Religious Activity" (Chinese Text)
May 4, 2006
The following text was retrieved from the Hunan Government Gazette <a href="https://hnzb.hunan.gov.cn/szfgz/200508220057.htm">Web site</a> on May 4, 2006. |
Circular of the General Offices of the Communist Party Central Committee and State Council On Strengthening the Management Of Civil Society Organizations (CECC Full Translation)
May 3, 2006
The following is a translation prepared by the Congressional-Executive Commission on China of the "Circular of the General Offices of the Communist Party Central Committee and State Council On Strengthening the Management Of Civil Society Organizations," issued the General Offices of the Communist Party Central Committe and the State Council on November 1, 1999. The Chinese text was retrieved from the Ministry of Education's <a href="www.moe.edu.cn/edoas/website18/info14527.htm">Web site</a> on April 10, 2006. <br> Communist Party Central Committee and State Council Circular on Strengthening Management of Civil Society Organizations (Central Office [1999] #34, November 1 1999) To the Party committees and people’s governments of all provinces, autonomous regions, and directly administered municipalities; Party committees of all regional military districts; Central Party and government organs; each general department of the Central Military Commission; Party committees of all branches of the military; and all people’s organizations: Since the beginning of the reform period, many types of civil society organizations have quickly developed in China, touching on many aspects of social life. These social organizations have had important effects on political, economic, and cultural matters in China. The Central Committee of the Communist Party and the State Council attach great importance to the work of developing and managing civil society organizations. In the past few years they have taken a series of remarkably successful steps. Currently, Chinese social organizations have undergone the first stage of cleanup and reform. There are more than 165,000 social organizations. This number is down from 200,000 in 1996 but with an increase in their quality. Non-governmental, non-commercial enterprises have begun to be included in a system of management according to rule of law. In sum, the development of civil society organizations in our country has been healthy, serving as a bridge between Party and government and the people, playing an ever broader positive role in establishing a socialist spiritual civilization and material civilization. We should, however, be vigilant. There still exist many problems concerning the development and management of civil society organizations that warrant our attention. Principally, there are still leaders of some regions and departments that have not devoted sufficient attention to leading the work of managing civil society organizations. Registration and management bureaus and sponsor organizations have yet to effectively implement a dual responsibility system. The strength of administrative management is woefully insufficient, and laws and regulations have yet to be perfected. The structure of civil society organizations is not sufficiently reasonable. The self-discipline of the organizations is not yet universal, in some places there are no rules to follow, in others the existing rules are ignored, and in some cases illegal activities and violations of party discipline have taken place. Civil society organizations have not universally established party organizations within their organizations. We must pay careful attention to some new problems that have arisen with recent developments: -- Hostile Western forces have used civil society organizations to “legally” combat China. They commonly take the form of civil society organizations, and under the cover of academic research or charitable donations, and by subsidies and cooperation, try to fulfill their strategy of “Westernizing” and “splitting” China. Since September 1998, under the connivance of hostile foreign forces, some domestic hostile forces organized and brazenly established the “China Development Federation,” and other such civil society organizations, which aimed to overturn the Four Basic Principles (of Deng Xiaoping). They formulated and implemented reactionary political platforms and arrogantly professed their intention of taking power. -- Illegal civil society organizations are increasing in number and their activities are rampant. In the first half of 1999, 35 illegal civil society organizations were uncovered in Beijing alone, an increase of 23% over the same period in 1998. The activities of these illegal organizations are hidden and highly destructive. Some carry out acts of sabotage in realms such as politics, economics, religion, and ethnic affairs. Some attempt to use the unresolved and sensitive problems of our country’s reform process to plot the establishment of organizations such as “Laid-Off Workers Associations,” “Veterans Associations,” and “Part-time Worker’s Associations,” in an attempt to manufacture disturbances. Some register abroad and conduct activities within our borders to confront us. Some illegal civil society organizations have extremely complicated international backgrounds. -- The number of qigong organizations is exploding. According to incomplete statistics, qigong-based social organizations that are registered at all levels of the Ministry of Civil Affairs alone now number 1760, involving nearly 100 methods of qigong. Some people use the pretense of healthful qigong exercises to spread ignorant superstitions, defraud others of money, and even oppose the government, the people, and rational beliefs. “Falun Dafa Research Association” and its “Falun Gong” organization are prominent examples. -- Foreigners in China and people from Hong Kong, Macau, and Taiwan have independently established civil society organizations. Within China, many places have seen the emergence of federations, foundations, clubs, alliances, and branches of foreign civil society organizations established by foreigners and people from Hong Kong, Macao, and Taiwan. These organizations are not only abnormally active in those parts of China but some also recruit local members, carry out illegal activities, and attempt to permeate and destroy our country. In order to strengthen the management of civil society organizations within China, the Central Committee of the Communist Party and the State Council approve and put forward the following demands: 1. Unify Thinking, Raise Party Awareness of the Great Significance of Strengthening the Work of Managing Social Organizations. Excellent management and leadership of civil society organizations will bring about their positive utility; the alternative will lead to negative and destructive behavior on their part. Lawfully strengthening the management of civil society organizations is one component of establishing a modern socialist nation, is part of fulfilling the basic plans put forth by the 15th Party congress toward building a socialist country based on the rule of law, and is one of the more formidable and pressing tasks placed before us today. When approaching the issue of civil society organizations we should not single-mindedly concern ourselves with their numbers. What is more important is their quality and whether or not they are able to bring about positive results for society. This creates an urgent need to strengthen their leadership and management. Starting now, the focus of our management of civil society organizations should lay in raising their overall quality; we cannot at any time slacken in our supervision and management work. At present, we must attentively work at striking against those hostile and illegal civil society organizations. Those illegal organizations which have as their goal opposition to the Four Basic Principles represent a great and hidden danger to China’s political and social stability. The struggle with them is a serious political struggle, affecting the fate of the Party, affecting the success or failure of socialism, and affecting the essential interests of the masses. We must seriously deal with this and unceasingly strengthen our sense of political responsibility and sensitivity, and be fully aware of the importance, the protracted nature, and the complexity of this struggle. At all times we must be on guard against the attempts of foreign and domestic elements to infiltrate, subvert, and divide. We must nip evil in the bud, stop all leaks, with all our strength uphold social and political stability, and never lower our guard. Leadership responsibility systems should be implemented as to the management of civil society organizations. All areas and bureaus must unceasingly raise their recognition of and their joint management of civil society organizations in order to ensure their healthy development. 2. Firmly Implement Dual Management Systems; Further Enhance the Strength of Management. The “Central Party Committee and State Council Notice on Strengthening the Management of Social Organizations and Non-Commercial, Non-Governmental Organizations” (central office #22 [1996]), clearly provides for putting into practice a dual management system toward civil society organizations, comprised of sponsor organizations and registration and management bureaus. This management system is the core component of strengthening the management of civil society organizations and must be fully implemented. Sponsor organizations must be responsible for civil society organizations’ registration application, ideological and political work, establishment of Party organizations, financial and personnel administration, research and discussion activities, foreign ties, the acceptance of foreign donations and aid, and ensuring that organizations’ activities are carried out according to the organization charter. The registration and management bureau should carry out examination and approval for civil society organizations in accordance with the law, research and formulate relevant policies and regulations and put them into effect, guide and supervise all activities of civil society organizations, and lawfully investigate and punish violators of laws and party discipline. When problems related to one of the above mentioned obligations arise, aside from determining the relevant responsibility of the responsible person in the civil society organization, the responsibility of key leaders in the sponsor organizations and the registration and management organs should be assessed as well in accordance with their work responsibilities. The registration and management bureau must firmly adhere to the standards and procedures for examining and approving the registration of civil society organizations. Leading cadres from all levels of party and governmental organs must pay attention to politics, cannot practice favoritism, and should not interfere with the examination and approval process of the registration and management bureau. Except for those social organizations clearly exempted from registration by the “Regulations on the Registration and Management of Social Organizations” (State Council #250), all civil society organizations must be lawfully registered by the Ministry of Civil Affairs; no other governmental bureaus have the right to register social organizations or issue certification. For any bureau that violates the above regulations, the responsible cadre will be investigated and punished. Organizations approved and established as internal components of governmental bureaus, organizations, and state-run enterprises and institutions cannot carry out activities in society. The work of cleaning up and reorganizing social organizations should be continued in a dedicated and detailed manner; all branches or representative offices of organizations should be completely cleaned up. Social organizations may not establish regional branch organinzations. Local civil affairs offices should rigorously control civil society organizations with broadly defined missions and those with unclear limits. They should prohibit the establishment of qigong organizations, organizations directed at specific groups (such as veterans groups, laid-off workers, or laborers), clans, or organizations that are detrimental to natural ethnic solidarity or those that contradict national laws and regulations. After completing the procedures for registration, the Ministry of Civil Affairs should effectively control and regulate the composition and number of civil society organizations, ensure the complementary growth of civil society organizations with local social and economic development, and safeguard social and political stability. We must strengthen the ability of sponsor organizations and registration and management organs to carry out their work of supervising civil society organizations. Party committees and governments at all levels must attach great importance to this aim. During reform of the government, efforts should be made to augment the ability to manage civil society organizations. On the basis of work responsibilities and types, personnel assignments should be made, and cadres with excellent political skills, good quality, and with outstanding styles of work should fill the ranks of those responsible for managing civil society organizations. There should be job responsibilities, a post, and specialists to carry out these management obligations. Necessary funds should be allocated and funding must particularly be assured for handling cases. 3. Accelerate the Development of the Rule of Law and Perfect a System of Laws and Regulations for the Management of Social Organizations. Work must promptly begin on studying, drafting, and regularizing standards and regulations for the establishment of domestic civil society organizations by foreigners and persons from Hong Kong, Macau, and Taiwan, and these regulations issued and put into effect at an early date. Revisions should be made as soon as possible to the “Rules for Managing Foundations.” All locales should practically implement the “Regulations for the Registration and Management of Social Organizations” (State Council #250), and the “Temporary Measures for the Registration and Management of Non-Commercial, Non-Governmental Enterprises” (State Council #251). The Ministry of Civil Affairs, along with relevant bureaus, should research and draft, then establish and perfect, rules and regulations regarding the management of administration, tax revenue, financial affairs, accounting, receipts, employment, wages, and the personnel of social organizations as soon as possible, so as to assure that the work of managing social organizations has a basis in law. 4. Strengthen the Mechanisms for Self-Discipline and Elevate the Quality of China’s Social Organizations. Civil society organizations must set up and perfect a democratic system of decision making based on the organizational charter, a system of financial management, a system of assessing rewards and punishments, a system for reporting important events, and a system for accepting and publicizing financial donations. Sponsor organizations as well as registration and management organs must implement a rigorous system for reviewing organizations’ charters, supervise civil society organizations’ observation of their scope of activity set out in their approved charter, and strengthen the annual inspection of civil society organizations; establish a system of reporting, and use news and public opinion as a means of supervision and control. Civil society organizations are strictly prohibited from developing open or covert vertical lines of command and systems of organizational networks. Civil society organizations that have imperfect internal workings are ordered to proceed with their clean-up and reform. Registration and management bureaus must punish, according to law, civil society organizations that violate their charters, the interests of their members, or violate laws or party discipline. In this way, registration and management organs will assist civil society organizations in their efforts to self-police and self-manage. 5. Standardize the Activities of Civil Society Organizations with Foreign Ties. Civil society organization activities that involve foreign ties must strictly observe national laws, regulations, and policies. They may not accept foreign civil society organizations as members. They may not in principle elect or invite a foreigner to act in a position of real leadership (president, vice-president, and secretary general). If they truly need to admit a small number of foreigners as members or in honorary positions, it should be done after approval by the sponsor organization and a record reported to the registration and management organ. Party members and cadres who must accept an invitation in a personal capacity to join a specialized or scholarly foreign group, or assume a position of leadership within that group should be approved according to the limitations on cadre management and relevant regulations. Civil society organizations which are invited into foreign-based civil society organizations as members must report to and receive the approval of the sponsor organization. When it becomes necessary to establish a representative organization outside China, the civil society organization must receive the approval of the sponsor organization and the registration and management bureau. Domestic civil society organizations that wish to work with Hong Kong based civil society organizations must do so in line with the “Central Party Committee and State Council Notice Concerning Questions on How to Handle Ties Between Chinese and Hong Kong Civil Society Organizations” (1999 #9). 6. Sternly Attack the Illegal Activities of Civil Society Organizations to Safeguard Social and Political Stability. Timely investigation and attacking illegal civil society organizations is an extremely sensitive job, requiring both firm resolution and attention to policy. Registration and management bureaus should ban unregistered groups that are conducting activities in the name of civil society organizations, as well as civil society organizations that have had their registration revoked yet continue to carry out activities, and confiscate their illegal property. Those responsible for crimes committed should be investigated in accordance with the law. Punishment for unlawful acts that do not constitute criminal offenses shall receive punishment according to law for public order violations. We must focus on striking at civil society organizations that oppose the Four Basic Principles or that harm national security and social stability. Efforts to strike must be done quickly and in accordance with the law, attempting to eliminate such organizations in their formative stages. Ringleaders who organize or plan destructive acts should receive criminal penalties according to law. Leaders of responsible departments and work units that offer support, financial assistance, and conditions of convenience for illegal civil society organizations should be investigated. In the course of investigating and prosecuting illegal civil society organizations, the principle of territorial jurisdiction must be insisted upon. Relevant departments must delegate responsibility according to their function, each performing its own duty, each performing its own responsibilities, closely cooperating, while using all of their capabilities to strike. 7. Realistically Strengthen the Leadership of and Guarantee Proper Political Direction for Civil Society Organizations. The key to the healthy development of civil society organizations lies in leadership. Party committees and government at all levels shall not only make the development of civil society organizations an important part of the transformation of government work, but they must also make the management of civil society organizations a daily part of Party and governmental work, comprehensively planning. Leading comrades must personally follow Ministry of Civil Affairs’ work reports, keep track of trends on the development and management of civil society organizations and timely investigate and resolve problems that emerge. They must also attach great importance to the construction of Party organizations within civil society organizations. All Party committees and Party organizations within the sponsor organization should strengthen their leadership in the matter of constructing Party organizations within civil society organizations, fully bringing into play the function of Party organizations and party members within civil society organizations, ensuring that all policies of the Party and state are carried out by the civil society organization, and ensuring that the civil society organization upholds proper political orientation. All areas and all bureaus must earnestly carry out the Central Party Organization Department and the Ministry of Civil Affairs “Notice Concerning Questions about the Development of Party Organizations within Social Organizations” (1998, #6). Civil society organizations (except specified ones) with three or more party members who are full-time employees or long-term, part-time employees must, before June 30, 2000 establish a Party organization. This Party organization must strengthen ideological and political work, educate party members within civil society organizations and raise their awareness of the importance of abiding by Party discipline, carry out the party line, guiding principles and policies, firmly adhere to the party standpoint on questions of principle, bring into play the model actions of the Party vanguard and protect the fighting capacity of basic level party organizations. All provinces, autonomous regions, directly administered municipalities, central and national bureaus and relevant departments should unite to formulate and carry out the measures contained in this notice, and shall before year’s end report on such implementation to the Central Committee and the State Council. |
Urgent Circular Regarding Reaffirming the Strengthening of the Administration of Books Reflecting the Work and Life Circumstances of the Major Leaders of the Party and the Nation (Partial CECC Translation and Chinese Text)
April 30, 2006
The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Urgent Circular Regarding Reaffirming the Strengthening of the Administration of Books Reflecting the Work and Life Circumstances of the Major Leaders of the Party and the Nation," issued by the General Administration of Press and Publication on January 24, 1997. The Chinese text was retrieved from Gansu Provinces's Intellectual Property Office <a href="https://www.ipo.gansu.gov.cn/zlzx/images/ZZQFJXGFG/1604.htm">Web site</a> on February 22, 2006. 1 . Any book that reflects upon work or life situation of a current or former member of the Party Politburo Standing Committee, the National Chairman, Vice Chairman, Premier of the State Council, Chairman of the Central Military Commission, Chairman of the Standing Committee of the National People's Congress, or the Chairman of the Political Consultative Conference must be specifically reported and approved. 3 . Books reflecting on the work and life situation of the Party's and the nation's primary leaders may only be published by publishing houses that specialize in publishing work within this scope designated by the State, and it is absolutely forbidden for other publishers to arrange for such publications. 4 . The publishing of books reflecting on the work and life situation of the Party's and the nation's primary leaders must strictly implement the system of reporting the topic and applying for authorization. |
Regulations on Public Security Administration Punishment (Chinese Text)
April 25, 2006
The following text was retrieved from the People's Daily <A HREF="https://www.people.com.cn/GB/shehui/8217/39932/2944803.html">Web site</A> on March 28, 2006. |
Inner Mongolia Autonomous Region Implementing Measures for the Management of Venues for Religious Activity (Chinese Text)
April 24, 2006
The following text was retrieved from the United Front <a href="https://www.zytzb.org.cn/zytzbwz/flfg/zj8ad.htm">Web site</a> on April 24, 2006. |
Heilongjiang Regulation on the Management of Religious Affairs (Chinese Text)
April 24, 2006
The following text was retrieved from the United Front <a href="https://www.zytzb.org.cn/zytzbwz/flfg/zj5af.htm">Web site</a> on April 24, 2006. |
Guangxi Zhuang Autonomous Region Temporary Provisions on the Administrative Management of Religious Work
April 21, 2006
The following text was retrieved from the United Front Department <a href="https://www.zytzb.org.cn/zytzbwz/flfg/zj6ac.htm">Web site</a> on April 21, 2006. |
Hebei Province Regulation on Religious Affairs (Chinese Text)
April 19, 2006
The following text was retrieved from the Hebei Province Ethnic and Religious Affairs Department <a href="https://www.hebmzt.gov.cn/law/matter.jsp?id=9">Web site</a> on April 20, 2006. |
Shanxi Province Regulation on Religious Affairs (Chinese Text)
April 18, 2006
The following text was retrieved from the chinacourt.org <a href="https://www.chinacourt.org/flwk/show1.php?file_id=103605">Web site</a> on April 18, 2006. |
Zhejiang Province Regulation on Religious Affairs (Chinese Text)
April 18, 2006
The following text was retrieved from the Nanjing City Yifazhi <a href="https://www.yfzs.gov.cn/gb/info/LawData/difang/ZheJiang/2003-03/10/0954057321.html">Web site</a> on April 18, 2006. Click <A HREF="/pages/virtualAcad/index.phpd?showsingle=49245">here</a> to access the amended regulation. |
Circular Regarding Requiring Government Agencies Purchasing Computer Office Equipment to Purchase Products With Legitimate Copies of the Operating System Software Pre-Installed (Chinese Text)
April 14, 2006
The following text was retrieved from the Beijing Press and Publication Administration Web site on April 14, 2006. |
Regulations on the Protection of the Right of Communication Through Information Networks (Draft) (Chinese and English Text)
April 14, 2006
The following Chinese text and English translation were retrieved from the National Copyright Administration Web site on October 25, 2005. <HR> September 8, 2005 Article 1 These Regulations are formulated, in accordance with the Copyright Law of the People’s Republic of China (hereinafter referred to as the Copyright Law), for the purposes of protecting the right of communication through information network of copyright owners and copyright-related right owners (hereinafter referred to as right owners) and encouraging the communication to the public of highly rated works, performances, and sound and video recordings. Article 2 For the purpose of these Regulations, (1) “information network” means an information system that is capable of making available to the public of works, performances, or sound and video recordings by wire or wireless means in such a way that members of the public may access these works, performances, or sound and video recordings from a place and at a time individually chosen by them; (2) “technological measures” means effective devices or methods used by right owners or exclusive licensees for preventing or restricting unauthorized or unlawful access to, or communication to the public of, their works, performances, or sound and video recordings through information network; (3) “electronic rights management information” means texts, numbers or codes that identify works, performances, or sound and video recordings as well as their right owners or exclusive licensees, or that specify the terms and conditions of use of the works, performances, or sound and video recordings, when any of these items of information appears in connection with the communication to the public through information network of works, performances, or sound and video recordings. Article 3 The right of communication through information network enjoyed by right owners in their works, performances, or sound and video recordings consists of both the right to communicate by themselves, and the right to authorize other persons to communicate, their works, performances, or sound and video recordings to the public through information network. Anyone who uploads other persons’ works, performances, or sound and video recordings to a network server for public access, reproduction or use in other means shall obtain authorization from, and pay remuneration to, the right owners, except where otherwise provided for in laws or regulations. Article 4 In the following cases, a work may be used without authorization from, and without payment of remuneration to, the copyright owner, provided that the name of the author as well as the title and source of the work are indicated, depending on the circumstances, and that the other rights enjoyed by the copyright owner are not prejudiced: (1) re-pasting another person’s remarks at a BBS to another BBS, except where the copyright owner declares that re-pasting is not permitted; (2) unavoidable representation or quotation of another person’s published work on information network for the purpose of reporting current events; (3) communication to the public through information network of an article on current political, economic or religious topics published by other media, except where the copyright owner declares that communication in other means is not permitted; (4) communication to the public through information network of a speech delivered at a public gathering, except where the copyright owner declares that communication in other means is not permitted; (5) provision by a public library of a published work in its collection with its own network reading system for public reading within its premises, provided that the network reading system does not provide copy service and is able to effectively prevent further communication through information network of the work provided for network reading; (6) reproduction of another person’s webpage for the purpose of providing searching service, provided that the technological measures adopted by the right owner or exclusive licensee are not circumvented, and that no copy function is furnished; (7) translation of a published work of a Chinese citizen, legal entity or any other organization from Han language into any of minority nationality languages, as well as communication of the translation to the public through information network; (8) use of software for non-profit purposes in the course of repairing computers or other devices as well as systems or networks, or demonstrating their functions. The first paragraph shall also be applicable to the limitations on rights of performers and producers of sound and video recordings. Article 5 Except where the copyright owner declares in advance that the use of his work is not permitted, a distance education institution which meets all of the following conditions, in providing network distance education for implementing the nine-year compulsory education and the national educational planning, may use passages of a work, a short written work or musical work, or a single work of fine art or photographic work which has been published to produce textbook software for network distance education, without permission from the copyright owner, provided that the name of the author as well as the title and source of the work are indicated, that remuneration is paid according to regulations, and that the other rights enjoyed by the copyright owner according to law are not prejudiced: (1) the textbook software is only provided to students registered with the said distance education institution; (2) the distance education system is able to effectively prevent further communication through information network of the work used in the textbook software; The first paragraph shall also be applicable to the limitations on the right of communication through information network of performers and producers of sound and video recordings. Article 6 Except where the copyright owner declares in advance that the use of his work is not permitted, a public library which meets all of the following conditions may provide a published work in its collection with its own network reading system for public reading to registered readers outside its premises, without permission from the copyright owner, provided that the name of the author as well as the title and source of the work are indicated, that remuneration is paid according to regulations, and that the other rights enjoyed by the copyright owner according to law are not prejudiced: (1) the work provided for network reading has been lawfully published for more than three years; (2) the network reading system does not provide copy service; (3) the network reading system is able to precisely record the times the work has been read and to effectively prevent further communication through information network of the work provided for network reading. Article 7 Except where the copyright owner declares in advance that reproduction or excerpting is not permitted, a written work, work of fine art or photographic work, after being published in a newspaper or periodical or on information network, may be reproduced or used as excerpts or data in another newspaper or periodical or on information network, provided that the name of the author as well as the title and source of the work are indicated, that remuneration is paid according to regulations, and that the other rights enjoyed by the copyright owner according to law are not prejudiced. Article 8 No one shall circumvent technological measures adopted by right owners or exclusive licensees without their permission to weaken or disable the effect of their technological measures, except where otherwise provided for in these Regulations. Article 9 In any of the following cases, those who circumvent technological measures without permission of the right owner or exclusive licensee shall not bear legal liabilities: (1) for the use permitted by law of works, performances, or sound and video recordings communicated through information network; (2) for the research concerning encryption on information network for non-commercial purposes; (3) for technical testing to identify or rectify security defects of information network for non-commercial purposes; (4) for the research concerning browser filtering technologies for non-commercial purposes; (5) for investigation of illegal or criminal activities on information network. Article 10 Right owners or exclusive licensees, in adopting technological measures, shall not disrupt or harm other persons’ computers or other devices or systems, nor shall they threat network security or information security. With regard to the technological measures that may still affect normal access to or use of works, performances, or sound and video recordings after their lawful circumvention, the right owners or exclusive licensees shall specify their uses and features in an explicit form. Article 11 No one shall remove or alter electronic rights management information of works, performances, or sound and video recordings without permission of the right owners or exclusive licensees, except where otherwise provided for in these Regulations. The following acts shall not be performed without permission of the right owners or exclusive licensees: (1) communicating to the public through information network false electronic rights management information; (2) communicating to the public through information network works, performances, or sound and video recordings whose electronic rights management information has been removed or altered without permission of the right owners or exclusive licensees. Article 12 Where it is impossible for a radio station or television station to avoid removing or altering the electronic rights management information in broadcasting works, performances, or sound and video recording by way of analogue signals, due to technical or financial difficulties, the said radio station or television station shall not bear legal liabilities. Article 13 Anyone who illegally uploads other persons’ works, performances, or sound and video recordings to a network server for public access, reproduction or use in other means, or who commits any other illegal act prohibited by these Regulations, shall bear civil liability, depending on the circumstances. Where public interests are impaired, the copyright administrative department may order the person to discontinue the infringing or illegal act, confiscate his unlawful gains and impose a fine. If the circumstances are serious, the copyright administration department may also confiscate the instrument mainly used for the infringing or illegal activities. Where the act constitutes a crime, criminal liability shall be investigated according to law. Article 14 Anyone who provides the service for storing network content only through automatic technological process shall not bear compensatory liability for storing infringing or illegal network content if one of the following conditions is met: (1) the service provider does not know that the network content which he stores is infringing or illegal; (2) the service provider takes down the network content within five days from the time he knows or he ought to know that the specific network content which he stores is infringing or illegal. The first paragraph shall also be applicable to searching service providers of network content. Article 15 A right owner, when finding infringing or illegal network content, may send a notification that meets all of the following conditions to the storage service provider or searching service provider of such content, asking for its take-down: (1) the notification is in a written or printed form, or sent in an email; (2) the notification indicates the name and address of the right owner or exclusive licensee; (3) the notification requests a take-down of the infringing or illegal network content and specifies its URL address; (4) the notification is signed by, or affixed with a seal of, the right owner. In the absence of proof to the contrary, it shall be presumed that the storage service provider or searching service provider ought to know that the content he stores is infringing or illegal once receiving from the right owner a notification that meets all of the conditions specified in the first paragraph. Article 16 A storage service provider, who takes down specific network content after receiving the notification provided for in the first paragraph of Article 15, shall not be held liable for breach of contract if one of the following conditions is met: (1) the service provider notifies the content provider in three days after taking down the specific network content; (2) the service provider recovers the specific network content that has been taken down in seven days after knowing of the withdrawal of the notification by the right owner or of a ruling by the people’s court that the specific network content is not infringing or illegal. Article 17 The right owner or exclusive licensee may, for the purpose of litigation or application for provisional measures, apply to the people’s court for requesting the network service provider to offer necessary network registration information. The network service provider who refuses to offer such information without reasonable ground shall bear corresponding legal liabilities. Article 18 When finding an infringing or illegal act that impairs public interest, the right owner or exclusive licensee may apply to the copyright administrative department for investigation and administrative sanction. In order to investigate and handle infringing or illegal cases that impair public interest, the copyright administrative department may request the network service provider to offer necessary network registration information. The network service provider who refuses to offer such information without reasonable ground shall bear corresponding legal liabilities. Article 19 Anyone who suffers a loss because of a wrong take-down of specific network content according to the notification from the right owner may request the right owner to bear the compensatory liability. Article 20 The right owner or exclusive licensee who violates the provisions in Article 10 of these Regulations shall bear corresponding legal liabilities. Article 21 These Regulations shall be effective on 2006. 2005-10-12 |
Inner Mongolia Autonomous Region Preventing and Stopping Domestic Violence Regulations (Chinese Text)
April 13, 2006
The following text was retrieved from the Web site of the Wulanchabu municipal government in the Inner Mongolia Autonomous Region (www.wulanchabu.gov.cn), on October 19, 2006. |
State Council Response to the Ministry of Public Security Regarding the Law of the People's Republic of China On Assemblies, Processions, and Demonstrations (CECC Partial Translation)
April 12, 2006
The following is a partial translation prepared by the Congressional-Executive Commission on China of the "State Council Response to the Ministry of Public Security Regarding the Law of the People’s Republic of China On Assemblies, Processions, and Demonstrations" issued by the State Council on June 16 1992. The Chinese text was retrieved from the <A HREF="https://www.legaldaily.com.cn/misc/2006-03/10/content_280650.htm">law-lib.com</A> Web site on April 12 2006.<HR> “State Council Response to the Ministry of Public Security Regarding the Law of the People’s Republic of China On Assemblies, Processions, and Demonstrations” 国务院关于《中华人民共和国集会游行示威法实施条例》的批复 16 June 1992 Selected Articles: Chapter I: General Principles Article 3 The term "public place in the open air" used in Article 2 of the "Law on Assemblies, Processions and Demonstrations" refers either to a public place that can be freely entered and exited or an outdoor public place entered into by show of one's admission ticket. The term does not include open air public places that are managed by government bureaus, organizations, or businesses enterprises; the term "public road" refers to a road or waterway that is not a specialized interior roadway of a government bureau, organization or business enterprise. 第三条 《集会游行示威法》第二条所称露天公共场所是指公众可以自由出入的或者凭票可以进入的室外公共场所，不包括机关、团体、企业事业组织管理的内部露天场所；公共道路是指除机关、团体、企业事业组织内部的专用道路以外的道路和水路。 Chapter II: Application and Permission for Assemblies, Processions and Demonstrations Article 12 According to Article 15 of the Law on Assemblies, Processions and Demonstrations, citizens may not start, organize or participate in an assembly, procession, or demonstration in a city outside their own place of residence. The term "place of residence" in this article refers to a citizens' permanent place of household registration, or temporary residence of more than six months as recorded by the registration office. 第十二条 依照《集会游行示威法》第十五条的规定，公民不得在其居住地以外的城市发动、组织、参加当地公民的集会、游行、示威。本条所称居住地，是指公民常住户口所在地或者向暂住地户口登记机关办理了暂住登记并持续居住半年以上的地方。 Chapter III: The Holding of Assemblies, Processions and Demonstrations Article 21 The peripheral distances around the areas listed in Article 23 of "The Law on Assemblies, Processions and Demonstrations" in which Assemblies, Processions and Demonstrations are prohibited, are in reference to the distances extending outward around the periphery of a structure. The area defined as the periphery begins at the structure's enclosing wall or fence. The areas that have peripheries in which assemblies, processions and demonstrations cannot be allowed shall be stipulated and published by the governments of the provinces, autonomous regions, and directly administered municipalities. The areas that the provinces, autonomous regions, and directly administered municipalities designate as ones which assemblies, processions, and demonstrations cannot be held should be useful to protect the above mentioned area’s safety and order and should also help the exercise of lawful assemblies, processions and demonstrations. 第二十一条《集会游行示威法》第二十三条所列不得举行集会、游行、示威的场所的周边距离，是指自上述场所的建筑物周边向外扩展的距离；有围墙或者栅栏的，从围墙或者栅栏的周边开始计算。不得举行集会、游行、示威的场所具体周边距离，由省、自治区、直辖市人民政府规定并予以公布。省、自治区、直辖市人民政府规定不得举行集会、游行、示威的场所具体周边距离，应当有利于保护上述场所的安全和秩序，同时便于合法的集会、游行、示威的举行。 Article 22 The person responsible for an assembly, procession or demonstration is responsible for the preservation of order at that assembly, procession or demonstration. In the event that other people attempt to join the assembly, procession or demonstration while it is in progress, they should be dissuaded from doing so. Those who are not dissuaded shall be promptly reported to the police responsible for the maintenance of order at the event. After the police receive this report, they shall prevent those reported from joining the event. The markings worn by those people who have been assigned to assist the police in the maintenance of order at the event must be reported to and recorded by the police before the event is held. 第二十二条 集会、游行、示威的负责人必须负责维持集会、游行、示威的秩序，遇有其他人加入集会、游行、示威队伍的，应当进行劝阻；对不听劝阻的，应当立即报告现场维持秩序的人民警察。人民警察接到报告后，应当予以制止。集会、游行、示威的负责人指定协助人民警察维持秩序的人员所佩戴的标志，应当在举行日前将式样报主管公安机关备案。 Article 23 In accordance with Article 27 of the "Law on Assemblies, Processions and Demonstrations," the police have the authority to promptly stop illegal assemblies, processions and demonstrations or those assemblies, processions and demonstrations which pose a danger to public security and social order. For those people who do not stop and require dispersal, an explicit fixed time limit and assigned exit shall be broadcast. For those who refuse to leave during the time limit, the police have the authority, according to pertinent national regulations, to order the employment of weapons or other means of force. Those who still remain at the scene can be forced to leave or can be detained. 第二十三条依照《集会游行示威法》第二十七条的规定，对非法举行集会、游行、示威或者在集会、游行、示威进行中出现危害公共安全或者严重破坏社会秩序情况的，人民警察有权立即予以制止。对不听制止，需要命令解散的，应当通过广播、喊话等明确方式告知在场人员在限定时间内按照指定通道离开现场。对在限定时间内拒不离去的，人民警察现场负责人有权依照国家有关规定，命令使用警械或者采用其他警用手段强行驱散；对继续滞留现场的人员，可以强行带离现场或者立即予以拘留。 Chapter IV: Legal Responsibility Article 26 In compliance with Article 33 of the Law on Assemblies, Processions and Demonstrations, public security organs shall conduct their interrogation of those who have been detained within twenty-four hours. The public security organ in the place the actions have taken place will be responsible for issuing a “forced repatriation decision” for those who must be forcibly repatriated and shall dispatch the police to carry out the forced repatriation. The police carrying out the order shall return the person being repatriated to their locality and turn them in to their local public security organ, in accordance with the forced repatriation decision. The public security bureau in their locality shall handle their cases in accordance with law. 第二十六条依照《集会游行示威法》第三十三条的规定予以拘留的，公安机关应当在二十四小时内进行讯问；需要强行遣回原地的，由行为地的主管公安机关制作《强行遣送决定书》，并派人民警察执行。负责执行的人民警察应当将被遣送人送回其居住地，连同《强行遣送决定书》交给被遣送人居住地公安机关，由居住地公安机关依法处理。 Article 27 In accordance with articles 28 and 30 of the Law on Assemblies, Processions and Demonstrations, as well as article 24 of these regulations, the public security organ in the place the actions have taken place has the authority to decide on and carry out administrative punishment, according to administrative punishment regulations and procedures. If a party refuses to accept the decision on punishment, that party may appeal to the public security organ at the next highest level. If a party refuses to accept the decision made by the public security organ at the next highest level, they may institute proceedings at the people's court. 第二十七条依照《集会游行示威法》第二十八条、第三十条以及本条例第二十四条的规定，对当事人给予治安管理处罚的，依照治安管理处罚条例规定的程序，由行为地公安机关决定和执行。被处罚人对处罚决定不服的，可以申请复议；对上一级公安机关的复议决定不服的，可以依照法律规定向人民法院提起诉讼。 Article 28 In accordance with the regulations of Article 27 of the Law on Assemblies, Processions and Demonstrations, those who have been detained by force or immediately interned must be interrogated by the responsible public security organ within 24 hours. For those people who do not bear legal responsibility, they may be released after signing a statement of repentance. For those people who do bear legal responsibility, the case shall be handled according to relevant laws and regulations. 第二十八条 对于依照《集会游行示威法》第二十七条的规定被强行带离现场或者立即予以拘留的，公安机关应当在二十四小时以内进行讯问。不需要追究法律责任的，可以令其具结悔过后释放；需要追究法律责任的，依照有关法律规定办理。 Article 29 Those people who destroy public or private property or cause harm to others at assemblies, processions and demonstrations shall bear responsibility for reparations according to the law. In regard to those people who receive administrative punishment, the public security organ in the place the actions have taken place shall prescribe punishment according to relevant administrative punishment regulations specifying compensation amounts and medical treatment expenses. In regard to those who have committed criminal offenses, supplementary civil action may be raised according to the law. 第二十九条 在举行集会、游行、示威的过程中，破坏公私财物或者侵害他人身体造成伤亡的，应当依法承担赔偿责任。对于给予治安管理处罚的，由行为地公安机关依照治安管理处罚条例的有关规定裁决赔偿数额或者负担医疗费用；构成犯罪的，依法提起附带民事诉讼。 Chapter V: Supplementary Provisions Article 30 Foreigners who hold assemblies, processions or demonstrations inside China are subject to these rules and regulations. In regard to an assembly, procession or demonstration held by a Chinese citizen, the person responsible for that assembly, procession or demonstration must clearly record the name of any foreigners within the application for that event. If the responsible public security organ has not approved a foreigner's involvement, that foreigner will not be allowed to participate. 第三十条 外国人在中国境内举行集会、游行、示威，适用本条例的规定。外国人在中国境内要求参加中国公民举行的集会、游行、示威的，集会、游行、示威的负责人在申请书中应当载明；未经主管公安机关批准，不得参加。 |
Henan Province Regulation on Religious Affairs (Chinese Text)
April 11, 2006
The following text was retrieved from the Henan Ethnic and Religious Affairs Committee <a href="https://www.hnmw.gov.cn/ZWGK/ZCFG/017.HTM">Web site</a> on April 11, 2006. |
CCP's 11th Five-Year Program Proposal (Chinese Text)
April 10, 2006
The following text was retrieved from the People's Daily <a href="https://politics.people.com.cn/GB/1026/3780778.html">Web site</a> on October 21, 2005. |
Circular on Comprehensively Examining Publications Regarding Islam (Chinese Text)
April 4, 2006
The following text was retrieved from the People's Daily <a href="https://www.people.com.cn/electric/flfg/d2/931015.html">Web site</a> on February 28, 2006. |
Ministry of Civil Affairs Reply To The Question of Whether Democratic Parties Can Be Sponsor Organizations (Chinese and English Text)
April 4, 2006
The following is a translation prepared by the Congressional-Exeuctive Commission on China of the "Ministry of Civil Affairs Reply To The Question of Whether Democratic Parties Can Be Sponsor Organizations," issued by the Ministry of Civil Affairs in August, 2000. The Chinese text was retrieved from the Ministry of Civil Affairs' <a href="https://www.mca.gov.cn/artical/content/WJYL_MJZZ/20041013151812.html">Web site</a> on April 4, 2006.<br> Ministry of Civil Affairs Reply To The Question of Whether Democratic Parties Can Be Sponsor Organizations Ministry of Civil Affairs Letter #150, August, 2000: In reply to the request for instructions on this matter (Liaoning People’s Government letter #73, 2000), the letter has been read and the answer is as follows: On October 25, 1998, the State Council promulgated the “Regulations on the Registration and Management of Social Organizations,” which clearly stated, “the relevant organs of the State Council and relevant bureaus of people’s governments at the county level or higher, along with those organizations authorized by the State Council and people’s governments at the county level or higher, are sponsor organizations for social organizations in selected industrial, academic, or work fields.” In order to execute this requirement, leading comrades from the Central Committee and State Council approved the Ministry of Civil Affairs’ issuance of the “Circular Concerning Who May Serve As A Sponsor Organization,” which clearly spelled out the management obligations of sponsor organizations, which departments or work units may serve as sponsor organizations, and what criteria sponsor organizations, authorized by the Central Committee, State Council, or Party committees and governments at the county level or higher, should fulfill. The Circular also authorized some organizations to serve as sponsor organizations for national social organizations, and called on Party committees and governments at the county level or higher to act accordingly in authorizing sponsor organizations. In light of the fact that this circular does not authorize democratic parties to serve as sponsor organizations for national social organizations, localities should not authorize democratic parties to serve as sponsor organizations. |
Regulations for the Implementation of the Law of Assembly, Procession and Demonstration
April 3, 2006
The following translation was retrieved from the United Nation's High Commission on Refugees <A HREF="https://www.unhcr.org/cgi-bin/texis/vtx/rsd/rsddocview.htm?tbl=RSDLEGAL&id=3ae6b59010">Web site</A> on March 27, 2006. The Chinese text was retrieved from the Law-lib.com <A HREF="https://www.law-lib.com/law/law_view.asp?id=8716">Web site</A> on March 28, 2006. Chapter 1. General Principles Article 1. These regulations have been formulated on the basis of the ''Law of Assembly, Procession and Demonstration of the People's Republic of China'' (hereafter referred to as ''Law of Assembly, Procession and Demonstration''). Article 2. People's governments at all levels should protect, according to law, citizens' right to assembly, procession and demonstration; safeguard social stability and public order; and ensure that legitimately-conducted assemblies, processions and demonstrations are not hindered by anyone through violence, coercion or other illegal means. Article 3. Outdoor public places referred to in Article 2 of the ''Law of Assembly, Procession and Demonstration'' denote any outdoor public places to which the public has free access or may enter by presenting a ticket, but they do not include internal outdoor places managed by party and government organizations, mass organizations, enterprises and institutions. Public passages referred to in the article denote all roads and waterways, with the exception of special exclusive roads of party and government organizations, mass organizations, enterprises and institutions. Article 4. Recreational and sports activities and legitimate religious activities, as well as traditional and conventional activities, shall be managed by people's governments at various levels or by departments concerned in accordance with the relevant laws, regulations and provisions of the state. Article 5. The weapons referred to in Article 5 of the ''Law of Assembly, Procession and Demonstration'' denote all firearms, ammunition and other instruments that can inflict injury upon the human body; controlled cutting tools refers to daggers, double-edged knives, spring-loaded knives and other cutting tools controlled according to law; and explosives denote all explosive materials that can explode and cause injury to people and destroy things instantaneously. The weapons, controlled cutting tools and explosives referred to in the above paragraph shall not be carried by anyone holding an assembly, procession or demonstration, nor shall they be transported to the site of an assembly, procession or demonstration. Article 6. Traffic order and public order should be maintained during any activities which, according to Article 2 of the ''Law of Assembly, Procession and Demonstration'', require no prior request for approval. Article 7. Assembly, procession or demonstration falls under the jurisdiction of local city or county public security bureaus or urban public security sub-bureaus. A procession or demonstration falls under the jurisdiction of the municipal or city public security bureau or the public security department of the agency of a provincial or autonomous regional people's government if its route passes through two or more districts or counties in a municipality, city or site of the agency of a provincial or autonomous regional people's government; it falls under the jurisdiction of the provincial or autonomous regional public security department if its route passes through two or more cities or sites of the agency of provincial or autonomous regional people's government; and it falls under the jurisdiction of the Ministry of Public Security or the provincial, autonomous regional or municipal public security organ empowered by the Ministry of Public Security if its route passes through two or more provinces, autonomous regions or municipalities. Chapter 2. Application and Approval of Assembly, Procession and Demonstration Article 8. Any assembly, procession or demonstration must have a responsible individual. The following individuals are not qualified to be the responsible individual of an assembly, procession or demonstration (1) an individual of incompetence or limited competence; (2) an individual serving a sentence; (3) an individual undergoing re-education through labour; and (4) an individual whose personal freedom is being restricted under compulsive measures of the criminal law or other legal provisions. Article 9. The individual responsible for staging an assembly, procession or demonstration shall submit in person a written application to the competent public security organs, as stipulated in Article 7 of these regulations. Competent public security organs shall not entertain any application not submitted in written form, personally, by the responsible individual. The responsible individual of an assembly, procession or demonstration shall produce his own resident identity card or other valid papers and fill out application registration forms accurately when submitting his written application. Article 10. Upon receiving an application for staging an assembly, procession or demonstration, the competent public security organs shall promptly conduct investigations and then deliver a written decision, within a certain legal time limit, stating whether or not permission has been granted. The written decision shall contain a clear description of what has been approved and provide reasons for denying permission. The written decision shall be delivered to the relevant responsible individual two days before the staging of any assembly, procession or demonstration, and the responsible individual shall affix his signature on the notice delivered to him. If the responsible individual refuses to sign for the receipt of the notice, the person delivering the notice shall ask representatives of grassroots organs from relevant areas or other people to serve as witnesses and to be present at the site to provide explanations concerning the situation. The reasons for refusing the notice and relevant date shall be clearly indicated on the notice and the signatures of the witnesses and the delivery person affixed to it. The notice on the decision shall be left at the residence of the responsible individual and regarded as having been delivered. If delivery is not possible because the responsible individual of the assembly, procession or demonstration fails to appear at a specific time and location agreed upon earlier for the delivery of the notice, the application shall be regarded as having been voluntarily retracted. If competent public security organs fail to deliver the notice at the appointed time and location, permission shall be regarded as being granted. Article 11. If an applicant requests efforts to find solutions to specific issues concerning the staging of assemblies, processions or demonstrations, the competent public security organs shall serve the ''Notice for Consultations To Find Solutions to Specific Issues'' on the responsible individual of the assembly, procession or demonstration, as well as on the relevant organs or units, within two days of the receipt of the application. When required, notices shall be delivered simultaneously to competent departments above the relevant organs or units. Relevant organs or units and the responsible individual applying to stage the assembly, procession or demonstration shall begin consultations within two days from the second day of the receipt of the ''Notice for Consultations To Find Solutions to Specific Issues''. Upon reaching an agreement, responsible individuals from the two consulting parties shall affix their signatures on the letter of agreement and relevant organs or units shall promptly send the letter to the competent public security organs. In the case of an applicant insisting on staging an assembly, procession or demonstration when an agreement cannot be reached or when consultations fail to begin within two days from the second day of the receipt of the ''Notice for Consultations To Find Solutions to Specific Issues'', relevant organs or units shall promptly notify the competent public security organs. In such cases, the competent public security organs shall promptly decide whether or not permission shall be granted according to the procedure stipulated in Article 10 of these regulations. If one or both parties which has or have been served with the notice for consultations to solve specific issues by competent public security organs is or are in other parts of the country, the day marking the start of the delivery of and the time spent on the journey to deliver the ''Notice for Consultations To Find Solutions to Specific Issues'', the notice on the agreement produced after consultations by both parties or the notice served after failure to reach an agreement shall not be included in the legal time limit. Article 12. Article 15 of the ''Law of Assembly, Procession and Demonstration'' stipulates that a citizen shall not launch, organize or participate in assemblies, processions or demonstrations staged by citizens of cities outside his residential area. The residential area stated in the article refers to the location of a citizen's registered permanent residence or the place where the citizen has resided continuously for not less than half a year after he has registered for temporary residence with the residence registration organ at his temporary residential site. Article 13. After receiving an application for holding a rally, procession or demonstration, the competent public security organs, in deciding to approve the application, may change the time, venue and routes for holding the scheduled rally, procession or demonstration and they should promptly notify the organizers of the scheduled rally, procession or demonstration of the changes, if one of the following conditions applies (1) a rally, procession or demonstration is scheduled to be held during rush hours, which may cause a prolonged and serious traffic jam; (2) construction work is under way at the venue or along the route of the scheduled rally, procession or demonstration; (3) the venue is at a ferry crossing, railroad crossing or an area neighbouring national borders (frontiers) ; (4) motor vehicles to be used fail to meet road maintenance regulations; (5) a major state event is to be held at the same time or at the same venue as the scheduled rally, procession or demonstration; (6) the time, venue or route of the scheduled rally, procession, or demonstration has already been reserved for another rally, procession or demonstration. In approving an application for holding a rally, procession or demonstration, competent public security organs, if they deem it necessary to change the time, venue or route of a rally, procession or demonstration, should indicate so in the letter of approval. If natural disasters or public order disasters occur at the venue or on the route of a scheduled rally, procession or demonstration after an application has been approved, and if rescue work is still going on and normal order cannot be restored before the scheduled rally, procession or demonstration is to be held, the competent public security organs may change the time, venue or route approved for the scheduled rally, procession or demonstration; however, they should forward a ''letter of decision on changing matters concerning the holding of a rally, procession or demonstration'' to the organizers of the scheduled rally, procession or demonstration before the day it is scheduled. Article 14. If the organizers of a rally, procession or demonstration want to petition against a competent public security organ's decision of disapproval, they may apply within three days after they receive the letter of disapproval to a people's government at the same level for a reexamination of the case. Within three days after the application for re-examination is received, the people's government should decide whether to maintain or overrule the competent public security organ's decision and forward a ''letter of decision on the reexamination of an application for the holding rally, procession or demonstration'' to the organizers of the scheduled rally, procession or demonstration, with a copy of the letter sent to the competent public security organ. The re- examination decision made by the people's government must be carried out by the competent public security organ and the organizers of the scheduled rally, procession or demonstration. Article 15. If organizers of a rally, procession or demonstration decide to withdraw their application before they receive a notice from a competent public security organ, they should promptly go to the competent public security organ to complete the paperwork for the application's withdrawal. If organizers of a rally, procession or demonstration decide not to hold a scheduled rally, procession or demonstration after they have received an approval notice from a competent public security organ or approval from a people's government after the case has been reexamined, they should return the letter of approval or the letter of decision of reexamination to the competent public security organ or the people's government before the scheduled rally, procession or demonstration is held. Article 16. In submitting an application for holding a rally, procession or demonstration in the name of a state organ, civic group, enterprise or institution organizers should also submit supporting documents signed and officially stamped by a responsible individual of the concerned state organ, civic group, enterprise or institution. Chapter 3. The Staging of Assemblies, Processions and Demonstrations Article 17. In the light of practical needs, public security agencies shall send people's police to maintain order and to ensure the smooth progress of assemblies held in accordance with the law. In cases where processions and demonstrations are staged according to law, people's police charged with maintaining order shall direct traffic and prevent other people from disturbing or disrupting the processions and demonstrations along the routes or at the sites approved by competent public security agencies for the processions and demonstrations. If necessary, they may display flexibility and apply relevant provisions in traffic rules to ensure the smooth progress of processions and demonstrations. Article 18. People's police tasked with maintaining traffic and public order shall be subject to the unified command of on-site responsible personnel designated by competent public security agencies. Such responsible personnel shall maintain contact with the people in charge of an assembly, procession or demonstration. Article 19. On-site personnel in charge of people's police have the right to decide upon an alternative route for a procession on an ad hoc basis if unexpected natural disasters, traffic accidents or other public security contingencies occur at some section of the route ahead of the procession. The same is true if a serious conflict or commotion erupts among paraders or between the paraders and onlookers or if an unexpected situation arises that prevents the paraders from proceeding along the approved route. Article 20. Temporary security lines formed by competent public security agencies shall be clearly indicated. Barricades shall be erected if necessary. Article 21. As mentioned in Article 23 of the ''Law of Assembly, Procession and Demonstration'' the distances from sites designated as off-limits to assemblies, processions and demonstrations refer to those extending from buildings at the above-mentioned sites; if the buildings are enclosed by retaining walls or railings, the distances refer to those extending from the walls or railings. Provincial, autonomous regional and municipal people's governments shall stipulate and declare the specific distances from sites designated as off-limits to assemblies, processions and demonstrations. Distances from sites that are off-limits to assemblies, processions and demonstrations as stipulated by provincial, autonomous regional and municipal people's governments shall be specified in such a way as to facilitate the maintenance of safety and order at the aforesaid sites, as well as to facilitate the staging of legitimate assemblies, processions and demonstrations. Article 22. People in charge of an assembly, procession or demonstration must maintain order and shall stop other people from joining the assembly, procession or demonstration. If the latter ignore the caveat, they shall immediately inform the people's police personnel maintaining order on the scene. The people's police shall stop those people after they are advised of the situation. Samples of badges to be worn by personnel appointed by the people in charge of an assembly, procession or demonstration to assist the people's police in maintaining order shall be forwarded to competent public security agencies before the day when the assembly, procession or demonstration is staged. Article 23. People's police have the right to put an immediate stop to any illegal assembly, procession, demonstration or incident that endangers public security or seriously disrupts social order, during an assembly, procession or demonstration as stipulated in Article 27 of the ''Law of Assembly, Procession and Demonstration''. They shall order the crowd to disperse if their warning is ignored. Through the use of a loudspeaker or by shouting, they shall advise people on the scene to leave the area through designated passages within a specified time. If the people do not leave the area within the specified time, personnel in charge of people's police on the scene have the right to forcibly disperse the crowd by issuing warnings or by resorting to other police means in accordance with relevant state regulations. They may lead away or immediately detain those people who remain on the scene. Chapter 4. Legal Responsibility Article 24. Those resisting or obstructing police who are maintaining traffic order or public order according to law shall be punished in accordance with provisions of the regulations governing offences against public order. Those whose offences constitute a crime shall be investigated for criminal responsibility. An offence that is in violation of Article 5 of these regulations but does not yet constitute a crime shall be punished in accordance with provisions of the regulations governing offences against public order. Article 25. Where criminal responsibility shall be investigated in accordance with Articles 29 and 30 of the ''Law of Assembly, Procession and Demonstration'', the public security organs in the locality concerned shall carry out the proceedings in accordance with the provisions of the Criminal Procedure Law. Article 26. The public security organs shall question those who are detained in accordance with Article 33 of the ''Law of Assembly, Procession and Demonstration'' within 24 hours. When a person needs to be sent back by force to the place he is from, the public security organs in the locality where the offence has taken place shall draft a ''decision on forced return'' and assign people's police to carry it out. The people's police personnel responsible for enforcing the decision shall escort the person to the place he is from and hand him over, together with the ''decision on forced return'', to the public security organs in that locality for legal proceedings. Article 27. Where a person is to be punished in line with Articles 28 and 30 of the ''Law of Assembly, Procession and Demonstration'' and Article 24 of these regulations for an offence against public order, the punishment shall be decided and carried out by the public security organs in the locality where the offence has taken place in accordance with the procedure prescribed in the regulations governing offences against public order. If the person concerned finds the decision of punishment unacceptable, he may submit an application for reconsideration of the decision. If the person concerned finds the decision reached after reconsideration by a public security organ at a higher level unacceptable, he may file suit in the people's court in accordance with the law. Article 28. Those who are forcibly removed from the scene or immediately detained in accordance with Article 27 of the ''Law of Assembly, Procession and Demonstration'' shall be questioned within 24 hours by public security organs. Those who do not need to be investigated for criminal responsibility may be released after signing a written statement of repentance. Those who are to be investigated for criminal responsibility shall be handled in accordance with relevant regulations. Article 29. Where there is damage to public or private property or infringements upon others which result in injury or death during the course of an assembly, procession or demonstration, those concerned shall be held responsible for the losses. Where the regulations governing offences against public order are applicable, public security organs in the locality where the offence has taken place shall decide the amount of compensation or responsibility for medical expenses. When a crime is committed, the victim may file a supplementary civil suit during the criminal procedure process. Chapter 5. Supplementary Articles Article 30. These regulations shall also apply to assemblies, processions and demonstrations held by foreigners within the territory of China. When foreigners want to participate in an assembly, procession or demonstration held by Chinese citizens, the responsible individual of the assembly, procession or demonstration shall clearly state this in the application. Without the expressed approval of the competent pubic security organs, they will not be allowed to participate. Article 31. Measures for implementing the ''Law of Assembly, Procession and Demonstration'' adopted by the standing committees of the various provincial, autonomous regional and municipal people's congresses are applicable in their respective regions. In the case of any conflict between such measures and these regulations, these regulations shall prevail. Article 32. The right to interpret specific questions in the application of this law resides with the Ministry of Public Security. Article 33. These regulations shall go into effect on the day they are promulgated. |