The Comparison of Criminal Laws on Assembly

The right of assembly is one of the fundamental rights of the Constitution stipulates that citizens enjoy . Although the Constitution is the highest legal position of a national law , but the specific protection of the fundamental rights of its provisions have to rely on the laws of the various departments to implement . Where criminal law is the most stringent laws , only in the laws of other departments is insufficient to protect the rights , before going to spend the Criminal Code . This paper compares the norms of the criminal law of other countries on the right of assembly , and analysis of the relevant provisions of our meetings and processions and demonstrations and criminal law on assemblies, processions and demonstrations , and put forward some suggestions for improvement of the criminal norm of the right of assembly in China . The main content of this paper consists of four parts . The first part is the concept of the right of assembly , an overview of the nature of its History in our laws . The right of assembly citizens for a common purpose and temporary together through lectures, debates and other forms to express their ideas , wishes , opinions , views rights . Foreign criminal norm for the right of assembly are two types of protective regulations and prohibitive regulations . This is also the second and third parts will be discussed in this article . The main content of the second part of the foreign criminal law provisions of the protection of the right of assembly , such provisions can be divided into two equal protection and free protection . The part of a detailed comparison of the foreign criminal law on the equal protection of the right of assembly and freedom protection . The main content of the third part of the provisions of the foreign criminal law on the prohibition of the right of assembly , broadly divided into six categories : assembly unlawful purpose , violence rally , rally people carrying dangerous goods , provocative behavior rally , rally management and command of disturbing public order and violation of the relevant authorities of the assembly , the part in the classification on the basis of this commitment to the criminal liability of the main six categories of prohibited provisions , the specific commitment of the penalty , mitigate the situation was discussed in detail . The fourth part of the assembly of our criminal law analysis, and put forward suggestions for improvement to meet the liability on this basis .