Is it illegal for 0/50 people from the same industry to gather in a hotel?

A trade rally is not an illegal rally.

First, the concept and composition of illegal assembly

The crime of illegal assembly, procession and demonstration refers to the act of holding an assembly, procession and demonstration without applying for or obtaining permission according to law, or not following the starting and ending time, place and route approved by the competent authority, refusing to obey the dissolution order, and seriously undermining social order.

(A) the object elements

The object of this crime is social public order and public safety.

According to the Constitution, assembly, procession and demonstration are an important political right of China citizens, and the state guarantees citizens to exercise these rights according to law. In order to better protect citizens' freedom of assembly, procession and demonstration, and maintain social stability and public order, the 10th meeting of the 7th the National People's Congress Standing Committee (NPCSC) passed the first People's Republic of China (PRC) Law on Assembly, Parade and Demonstration on1October 3 1. 1In June, 1992, the State Council promulgated the Regulations on the Implementation of the Law on Assembly, Parade and Demonstration in People's Republic of China (PRC), which enabled citizens to hold assemblies, processions and demonstrations on a legal track, which not only ensured the realization of citizens' rights of democracy and freedom, but also ensured the restriction on the abuse of citizens' rights of freedom, and safeguarded the stability and unity of the country and the stability of social order.

According to the Law on Assembly, Parade and Demonstration and its implementing regulations, an assembly refers to an activity that gathers in a public place to express opinions and wishes. Parade refers to marching in public roads and open-air public places to show * * * consent. Demonstration refers to the activities that express demands, protests or support, solidarity and other * * * consents in open-air public places or public roads by means of assembly, procession and sit-in.

Freedom of assembly, procession and demonstration are similar in that they all have the freedom to express their wishes, but the difference is that the degree, ways and methods of expressing their wishes are different. Since the exercise of the freedom of assembly, procession and demonstration mostly occurs in public roads or open-air public places, the number of people attending or watching is large, which is emotionally contagious and has a great impact on society, so citizens exercise these freedom rights.

Article 29 of the Law on Assemblies, Processions and Demonstrations stipulates that if a person fails to apply for or obtain a permit in accordance with the provisions of this Law, or fails to follow the starting and ending time, place and route approved by the competent authority, and refuses to obey the dissolution order, thus seriously undermining social order, the person in charge of the assembly, procession and demonstration and the person directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 158 of the Criminal Law. This law is clearly stated in this article.

(b) objective factors

This crime is objectively manifested as illegal assembly, procession and demonstration, failure to apply for or obtain permission according to law, or failure to follow the starting and ending time, place and route approved by the competent authority, refusal to obey the dissolution order, and serious damage to social order.

This crime is selective, and illegal assembly constitutes the crime of illegal assembly; Illegal procession constitutes the crime of illegal procession; Illegal procession constitutes the crime of illegal procession.

1, illegal possession

According to the Law on Assembly, Demonstration and Parade and the provisions of this article, illegal holding refers to the following three forms of expression:

(1) failed to apply for holding according to law. The law here refers to the law on assembly, procession and demonstration. The law stipulates that the principle of applying for permission applies to assemblies, processions and demonstrations. One of the important contents of this principle is to apply to the public security organ and explain the reasons. It is illegal to hold an assembly, procession or demonstration without an application.

To hold an assembly, a procession or a demonstration, an application must be made to the competent authority and permission must be obtained. The competent authorities of assembly, procession and demonstration are the municipal and county public security bureaus and city public security sub-bureaus where the assembly, procession and demonstration are held; Where the route of procession and demonstration passes through more than two districts and counties, the competent authority shall be the public security organ passing through the districts and counties.

You don't need to apply for the following activities: (1) Celebrations, commemorations and other activities held by the state or according to the decision of the state. (2) Assemblies held by state organs, political parties, social organizations, enterprises and institutions in accordance with laws and articles of association.

There must be a person in charge when holding an assembly, a procession or a demonstration. The person in charge of a procession, an assembly or a demonstration that needs an application must submit a written application to the competent authority five days before the date of holding. The application shall specify the purpose, mode, slogan, slogan, number of people, number of vehicles, type and quantity of audio equipment used, starting and ending time, place (including assembly place and dissolution place), route and name, occupation and address of the person in charge. After receiving the application, the competent authority shall notify its responsible person in writing of the decision of approval or disapproval two days before the date of application. If the license is not granted, the reasons shall be explained. Failure to notify within the time limit shall be deemed as permission. Where an application is made for holding an assembly, a procession or a demonstration to solve a specific problem, the competent authority may, after receiving the application, notify the relevant organ or unit to negotiate with the person in charge of the assembly, procession or demonstration to solve the problem, and may postpone the application for holding for five days.

(2) The application is held without permission. The principle of applying for permission of an assembly, a procession or a demonstration requires the public security organ to examine the application and hold it only after the permission of the public security organ. It is also illegal to hold an application without the permission of the public security organ. There may be many reasons for "not getting permission" here, some of which are based on the fact that the application is prohibited by law and therefore not allowed. Article 12 of the Law on Assemblies, Processions and Demonstrations stipulates that an application for an assembly, a procession or a demonstration may not be made under any of the following circumstances: "(1) Those who oppose the basic principles stipulated in the Constitution; (2) endangering national unity, sovereignty and territorial integrity; (3) Inciting ethnic division; (four) there are sufficient reasons to believe that the assembly, procession and demonstration applied for will directly endanger public security or seriously undermine social order.

(3) Failing to follow the starting and ending time, place and route permitted by the competent authority. The competent authorities here refer to the municipal and county public security bureaus and urban public security sub-bureaus that hold assemblies, processions and demonstrations; Where the route of procession and demonstration passes through more than two districts and counties, the competent authority shall be the public security organ passing through the districts and counties, which is the same as the public security organ at the next higher level. Specifically, if a procession or demonstration route passes through two or more counties in the same municipality directly under the central government, a city under the jurisdiction of a province, a city under the jurisdiction of an autonomous region or an area dispatched by the people's government of a province or an autonomous region, the municipal public security bureau or the public security department of an organ dispatched by the people's government of a province or an autonomous region shall be responsible; Within the administrative region of the same province or autonomous region, the public security department of the local province or autonomous region shall be responsible for passing through the area where two or more provinces or autonomous regions directly under the jurisdiction of the city or the agencies of the people's governments of the provinces or autonomous regions are located; Crossing more than two provinces, autonomous regions and municipalities directly under the Central Government shall be the responsibility of the Ministry of Public Security or the public security organs of provinces, autonomous regions and municipalities directly under the Central Government authorized by the Ministry of Public Security. According to the Law on Assemblies, Processions and Demonstrations, the starting and ending time of assemblies, processions and demonstrations is limited to 6: 00 a.m. to 6: 00 p.m. 10, unless decided or approved by the local people's government. As far as places of assembly, procession and demonstration are concerned, without the permission of the people's police, the following places are not allowed to break into the cordon temporarily set up by the competent authorities to maintain order: state organs, military organs, radio and television stations, television stations, foreign embassies and consulates in China and other units. Without the approval of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, no assembly, procession or demonstration may be held within 10 meters to 300 meters of the following places: the NPC Standing Committee, where the State Council, the Central Military Commission (CMC), the Supreme People's Court and the Supreme People's Procuratorate are located; State guest accommodation; Important military facilities; Airports, railway stations and ports. Violation of the above provisions is "illegal possession". As far as the route is concerned, if public security disasters such as temporary natural disasters and traffic accidents occur in front of the procession, or serious conflicts and chaos occur between the procession and between the procession and the onlookers, so that the procession cannot follow the permitted route, the person in charge of the people's police has the right to temporarily decide to change the route of the procession. If the competent authority believes that holding an assembly, a procession or a demonstration according to the time, place and route of the application will seriously affect the traffic order and social order, it may change the time, place and route of the assembly, procession or demonstration when or after deciding to permit it, and notify its responsible person in time. If the actor does not comply with the above provisions and does not follow the route temporarily changed by the people's police, it shall be regarded as "not following the route permitted by the competent authority".

2. Refusing to obey the dissolution order

It refers to the situation of assembly, procession and demonstration in violation of the licensing provisions despite the dissolution order issued by the competent authority according to law, which is an important objective feature of this crime. Although the actor has committed the above-mentioned illegal acts, it does not constitute this crime if he obeys the dissolution order and management after the competent authority has made the dissolution order according to law. An assembly, a procession and a demonstration shall be conducted in accordance with the permitted purpose, manner, slogan, starting and ending time, place and route. The people's police shall stop an assembly, a procession or a demonstration in any of the following circumstances; (1) Failing to apply or obtain permission according to law; (2) Failing to follow the purpose, mode, slogan, starting and ending time, place and route permitted by the competent authority; (three) is endangering public security or seriously undermining social order. Under any of the above circumstances, the person in charge of the people's police at the scene has the right to decide to take necessary measures to forcibly disperse them in accordance with the relevant provisions of the state, and forcibly take those who refuse to obey away from the scene or immediately detain them.

The on-site person in charge of the people's police should be the subject who makes the dissolution order, not any other citizen.

A dissolution order refers to an order ordering the participants in an assembly, a procession or a demonstration to leave and dissolve. It can be in oral form or written form, which can be directly conveyed by the relevant personnel or informed by others. However, the dissolution order should be legal, and it must be issued to those who hold illegal assemblies, processions and demonstrations and be known to them. If the actor does not dissolve because he has not received the notice of dissolution order, it does not constitute refusal to dissolve. By not dissolving, I mean he won't leave or leave. For example, after receiving the dissolution order, the actor still gathered all the people in the same place, or left the original place, but still did not disperse. If part of an illegal assembly, procession or demonstration has been dissolved, but the rest has not, the person in charge and the person directly responsible shall still be punished for refusing to obey the dissolution order. In addition, dissolution must be based on the free will of the actor, that is, the actor voluntarily leaves the assembly, procession and demonstration. If the perpetrator is forcibly dispersed or escapes to avoid arrest, it cannot be considered as dissolution.

The behavior of refusing to obey the dissolution order is mostly manifested as violence and threats. If the actor obstructs the relevant personnel who are executing the dissolution order by violence or threat, it is enough to show the antagonism and seriousness of the actor's treatment of the dissolution order, which has constituted the act of refusing to obey the dissolution order, but it is not limited to this.

3. Seriously undermining social order.

To constitute this crime, the perpetrator is not only required to hold illegal assembly, procession and demonstration and refuse to obey the dissolution order, but also required to cause serious damage to social order. And seriously undermine social order, shall not be punished for this crime. The so-called serious disruption of social order refers to the disorder of social order and traffic order, which makes production, work, life, teaching and scientific research unable to proceed normally. For example, the work of state organs, enterprises, institutions and social organizations can not be carried out normally, so that factories and enterprises stop production and traffic is paralyzed. Or cause bad political influence and so on.

(3) Main elements

The subject of this crime is a special subject. Only the person in charge and the person directly responsible for holding an assembly, a procession or a demonstration can become the subject of this crime. The so-called person-in-charge refers to the person-in-charge who submits an application and writes it down in the application as stipulated in the Law on Assembly, Parade and Demonstration. The so-called person directly responsible refers to the person who plans, organizes and directs the assembly, procession and demonstration other than the person in charge; A person who disobeys the on-site command of the person in charge or organizer and goes his own way, thus directly and seriously disrupting social order, is not the person in charge or the person directly responsible, and cannot constitute this crime.

(4) Subjective factors

Subjectively, this crime is intentional, and negligence does not constitute this crime.

Second, identify

(1) The boundary between this crime and the crime of gathering people to disturb social order and the crime of gathering people to disturb public places and traffic order.

All three charges are affray, and this crime and the crime of affray in public places are characterized by obstructing the execution of official duties. However, the latter two crimes are crimes of gathering people in the sense of criminal law, which generally have the characteristics of uncertain number and can be increased or decreased at any time. However, due to the nature of this crime, the number of people gathered is generally determined, and other main differences are as follows:

1, the criminal object is different. The object of this crime is the national management system of assembly, procession and demonstration; The objects of the latter two crimes are work order, production order, business order, teaching and scientific research order, public place order and traffic order.

2. Although this crime disturbs the social order objectively, the result of serious social disorder occurs in the process of holding illegal assembly, procession and demonstration, which determines the universality of this crime. It may be a public place, a traffic artery, the front door or courtyard of an organ, a group or a unit, or it may not be a single place, but involves several places and routes, which may disturb it. The latter two crimes do not have the above characteristics.

(2) The boundary between this crime and the crime of gathering people to attack state organs.

Both crimes objectively disturb public order, and when they involve state organs, they disturb the normal working order of state organs, just like the crime of gathering people to attack state organs. The difference between these two crimes lies mainly in:

1, the criminal object is different. The object of this crime is the state's management system of assembly, procession and demonstration, and the object of the latter crime is the normal working order of state organs.

2. Different behaviors. This kind of crime includes both violence and nonviolence. Then the crime takes the form of "shock", which is a violent disturbance.

3. The actual scope of the two crimes is different. This crime has a wide geographical scope, and the latter crime can only occur in front of the state organs and in the hospital, and the occasion is single.

Third, punishment.

Whoever commits the crime specified in this article shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights. .