Heavy!These illegal letters and visits will be severely hit!
Author:Yuzhou Rong Media Center Time:2022.09.16
Letter and visits are the rights of citizens
It is understandable to protect your legitimate rights and interests
But the request must be reasonably expressed in accordance with the law
"No means for the purpose"
Illegal petition cannot solve the problem
Instead, to bear legal consequences
Law -universal time
What are the illegal acts in petition activities?
According to the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security "Guiding Opinions on Handling illegal and Criminal Acts in Teaching and Visits in accordance with the law", letters and visits in petitions are non -normal letters and visits in letters and visits.
(1) Disrupting public order.
In the letters and visits or the name of the following acts, the following acts are implemented in accordance with the relevant provisions of the Criminal Law:
1. In the party committees, the People's Congress, the CPPCC, the CPPCC, the administration, the supervision, the judgment, the procuratorial, the military agencies, the factory and mall, the school, the hospital, the newspaper, the television station, the scientific research institute and other public institutions, the union, the women's federation, etc. Units, airports, stations, docks and other important transportation stations, or in other public places around the above places, gather people to implement uniform dressing, wearing unified identification, sitting and detention, posting emitted materials, shouting slogans, banners, wearing clothes and other behaviors , Or implement suicide, self -injury such as jumping and poisoning, and threatening to implement suicide and self -injury. The circumstances are serious, resulting in work, production, business and teaching, scientific research, and medical activities that cause serious losses. The provisions of Article 90, paragraph 1, and other active participants in the first paragraph of the primary and other active participants shall be convicted and punished by the crowd to disrupt social order;
2. In the impact of the party committees, the National People's Congress, the CPPCC, the CPPCC, the administration, the supervision, the judgment, the procuratorial, and the military organs at all levels, the people are gathered to implement forcibly rushing into the door, besieging, siege, abuse staff, occupy office space, throw stones and debris and other shocks If the behavior of state organs causes the work of state organs to be unable to carry out, and cause serious losses, in accordance with the provisions of Article 290, paragraph 2 of the Criminal Law, the primary and other active participants shall gather guilt and punishment of the crowd to impact state organs;
3. Gathering the stations, docks, civil aviation stations, shopping malls, parks, cinema, exhibitions, sports fields and surrounding public places, or other public places, gathers the public to block traffic or destroy traffic order, resist and hinder national public security management staff in accordance with the law. If the position and the circumstances are serious, in accordance with the provisions of Article 291 of the Criminal Law, the primary elements will be criminal and punished by the crowd to disrupt the order of public places and the traffic order;
4. Individuals have repeatedly disrupted the work order of state organs, and if they are still not corrected after administrative punishment, and cause serious consequences, in accordance with the provisions of Article 290, paragraph 3 of the Criminal Law to disturb the crime and punishment of the work order of state organs;
(2) Organization and funding illegal gathering.
Organized and funded others to party committees, people's congresses, CPPCC, administration, supervision, trial, procuratorial, military agencies, factories, malls, shopping malls and other enterprise units, schools, hospitals, newspapers, television stations, scientific research institutes and other institutions, unions, unions, unions, unions, unions Social organizations such as the Women's Federation, airports, stations, docks and other important transportation stations, or other public places around the above venues, illegally gather, disrupt social order, and the circumstances are serious. It stipulates that the crime and punishment of illegal agglomeration shall be organized and funded.
(3) Searching for trouble.
In the letters and visits or as the name of letters and visits, for the influence or venting dissatisfaction, and the following acts are implemented, one of the following actions shall be punished in accordance with the provisions of Article 293 of the Criminal Law.
1. In the party committees, the People's Congress, the CPPCC, the CPPCC, the administration, the supervision, the judgment, the procuratorial, the military agencies, the factory and mall, the school, the hospital, the newspaper, the television station, the scientific research institute and other public institutions, the union, the women's federation, etc. Units, airports, stations, docks and other important transportation stations, or in other public places around the above venues, implement suicide, self -injury, banner, sprinkle single, blocking vehicles, uniform dressing, and unified identification. The order of public places is seriously chaotic;
2. Chasing, intercepting, insulting, intimidation, and beating others at will, the circumstances are bad, or if you force hard, damage and occupy public and private property, the plot is serious;
3. Formation of false information, or knowing that it is a fabricated false information, scattered on the information network, or organizes and instructed personnel to spread on the information network to make trouble, causing serious chaos in public order.
The implementation of provocations, at the same time meet the crimes of provocation, intentional homicide, intentional injury, intentional destroying the crime of property, extortion, crime of robbery, robbery, etc., and punishment for crimes of crimes.
(4) Obstacles to execute duties.
In the name of letters and visits or in the name of letters and visits, if the staff of violence and threats hinders the staff of state organs to implement their duties in accordance with the law, in accordance with the provisions of Article 277 of the Criminal Law to obstruct the crime of crime of official duties; The people's police are punished according to law.
(5) illegally carry guns, ammunition, control tools, and dangerous items.
Illegal carrying guns, ammunition, control knives or explosive, flammable, radioactive, toxicity, and corrosive items enter public places or public transportation, which endangers public safety and serious circumstances. The crime is endangered by illegally carrying guns, ammunition, control tools, and dangerous items.
(6) Related behavior of information network.
Establish a website and communication group to implement illegal crimes in the petition activities or the name of petitions. If the circumstances are serious, in accordance with the provisions of Article 287 of the Criminal Law, illegal use of information network crimes and punishment; Knowing that others use the information network to conduct criminal acts in petition activities or in the name of petitions, and provide them with technical support or other help. If the circumstances are serious, in accordance with the provisions of Article 287 of the Criminal Law to help the information network crime crime Crime punishment of the activity; network service providers do not fulfill the information network security management obligations stipulated in the law and administrative regulations, and shall be ordered to take correction measures and refuse to correct them by the regulatory department. It stipulates that convictions and punishment for refusing to fulfill the obligation of information network security. (7) Crime crimes together.
In a petition activity or in the name of letters and visits, and in the name of letters and visits, instigating, organizing, planning, and directing others to implement illegal crimes shall be punished in accordance with its role in joint illegal crimes and illegal and criminal circumstances.
(8) Criminal acts in specific places.
For non -letters such as Tiananmen Square, Zhongnanhai area, party and state leaders' residence, national major event organizational venues, the location of the Central State Organ, the Central Military Commission Building, the office of the Central Committee of the Central Committee, the foreign embassies and consulates in China, the state -of -the -world embassies and consulates, and other non -letter visits The behavior of the first to the fifth paragraph of the place implementation of the site, after identifying "serious losses", "serious plot", "cause serious consequences", "serious chaos in public places", "bad plot" and other crimes, we must be guilty. As an important consideration of the above places; if the crime is constituted, the penalty is punished.
(9) Public security management punishment or other administrative penalties.
If the behavior of the first to the sixth paragraph of this article, if it does not constitute a crime, does not prosecute in accordance with the law, or is exempted from criminal punishment, it shall be punished in accordance with the law or other administrative penalties shall be imposed; If you punish the penalty, you can take administrative detention in accordance with the law.
What are the consequences of illegal petitions?
Available illegal petitions, violating the law, in addition to losing personal freedom, it will also have an important impact on their future and family members. The personal information of each person's illegal crime will be permanently recorded, affecting the postgraduate relatives such as children, joining the party, recruitment, civil servants, and employment. Letter and visits are the rights of citizens. It is understandable to protect their own legitimate rights and interests, but citizens must express their demands reasonably in accordance with the law. Illegal letters and visits not only cannot solve the problem, but also bear legal consequences. Illegal petitions not only ruined their lifetime, but also ruined their children's life.
Corresponding to the law to rational rights to protect rights and visits
Source: Yuzhou Political and Law
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