Uphold your legal rights and keep yourself out of jail before you know it
When you are dissatisfied with the behavior of real estate developers, have you ever thought of the petition? When you are dissatisfied with the unfair land expropriation and compensation or the housing demolition, have you ever organized or been organized to go to the petition?Letters and visits are protected by law, but you know what?Article 20 of the Regulations on Complaint Reporting stipulates that complainants shall abide by laws and regulations in the course of complaint reporting, shall not impair the interests of the State, society or the collective or the lawful rights of other citizens, shall consciously maintain social and public order and complaint reporting order, and shall not commit any of the following acts:(1) illegally gathering around the premises of state organs or in a public place, corralling or assaulting state organs, intercepting official vehicles, or blocking or blocking traffic;(2) carrying dangerous articles or control instruments;(3) insulting, beating or threatening functionaries of state organs, or illegally restricting the personal freedom of others;(4) staying in or causing trouble at the reception site for complaint reporting, or leaving the person unable to take care of himself in the reception site for complaint reporting;(5) inciting, linking up, coercing, inducing others with property or manipulating others behind the scenes to collect money in the name of complaint reporting;(6) other acts that disturb public order or impair the state or public security.In this provision, the rest are easier to understand. The second to fifth items can be known as illegal or criminal acts, or preparations for illegal or criminal acts, based on ordinary people’s moral evaluation standards and general cognition of the law.The sixth clause is a backstop for disturbing public order.More difficult to understand is the first item: “(1) illegal gathering around the office of a state organ or in a public place” “illegal gathering” how to understand, how to be illegal gathering.Many petitioners were not aware of the regulations on illegal gathering, or they organized or actively participated in group petitions without being aware of them and were eventually sentenced to prison.Criminal law is a law that stipulates crimes and penalties. The types of penalties include control, detention, fixed-term imprisonment, life imprisonment and death penalty.Supplementary punishment includes fine, deprivation of political rights and confiscation of property.As mentioned in the Criminal Law, the crime of illegal gathering: where people are gathered to disturb social order, if the circumstances are so serious that work, production, business, teaching, scientific research or medical treatment cannot be carried out and serious losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;Other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.If people are gathered to attack a State organ, so that the work of the state organ cannot be carried out and serious losses are caused, the ringleaders shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years;Other active participants shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.Whoever repeatedly disrupts the order of work of a State organ and still fails to correct it after receiving administrative punishment, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.Whoever repeatedly organizes or subsidizes others to gather illegally and disturbs public order, if the circumstances are serious, shall be punished in accordance with the provisions of the preceding paragraph.That is, the crime of illegal gathering shall be punished in accordance with the penalties prescribed by,.Ringleaders shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years;Other active participants shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.The ringleaders shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years;Other active participants shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention, public surveillance or deprivation of political rights.To be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.A real case announced by a county-level city: Since September 2019, the defendants Dai xx, Ren XX and Zhao xx have repeatedly used wechat media to incite and organize collective petitions of owners of a small community in a county-level city through wechat groups.Among them, on October 16, 2019, the defendants dai Xx, Ren XX and Zhao mou incited and organized hundreds of owners in a county-level city in a community to sign in and gather in front of the municipal government, which destroyed the normal working order of the Municipal party committee and government organs and caused adverse social impact.Because of dissatisfaction with the relevant departments to reply the result to put pressure on the city government, the defendant generation XXX, XXX and zhao mou a three successively in November 4, 2019, January 14, 2020, two days again to incite, hundreds of the owner to the national bureau gathered petitioners, their behavior for the city government letters and cause serious bad influence.The defendant generation XXX, XXX and zhao mou some organized others to the city government, the state bureau of illegal gathering, disturbing social order, if the circumstances are serious, their behavior has violated the criminal law of the People’s Republic of China paragraph 4 of article two hundred and ninety of the defendant generation XXX, XXX and zhao mou some behavior constitute the crime of illegal gathering.The people’s court of the city respectively sentenced: the defendant on behalf of the crime of organizing illegal gathering, sentenced to detention for five months;The defendant ren xx was sentenced to four months of criminal detention for organizing illegal gathering.The defendant Zhao mou commits the crime of organizing illegal gathering and is sentenced to criminal detention for four months.Case analysis: According to the description of the case released by the court, the perpetrator had two acts: one was to incite and organize hundreds of owners in a community to sign in and gather in front of the municipal government in a wechat group;Second, the wechat group was used to incite and organize hundreds of property owners in a community to make two extra-level letters and visits to the National Public Complaints and Proposals Administration in November 2019 and January 2020 respectively.In this case, it is not judged whether the perpetrator has committed a crime or whether the court’s decision is correct.Only the fact that the court sentenced the organizer of the collective petition.Since the perpetrator organized a collective petition, and hundreds of owners participated in the petition, signed in front of the municipal government, to the National Bureau of Letters and Calls, assuming that there was really a legitimate appeal, not only failed to solve the appeal, but was imprisoned.If it constitutes a crime, the actor unknowingly violated the criminal law, if it does not constitute a crime, even if the correction, also need legal procedures and time, the actor’s personal freedom, political rights in this time will be affected.Legal solution: If the appeal is a legal problem, civil disputes should be resolved in accordance with civil litigation and arbitration.To arbitration institutions to bring arbitration, to the court to bring civil litigation, set up a class action, elected representative litigation mode.If he refuses to accept a specific administrative act taken by an administrative organ, he may conduct an administrative reconsideration or bring an administrative lawsuit against the administrative organ.Even if there are hundreds of people, they can elect representatives to bring administrative reconsideration or administrative litigation.These hundreds of people go to the administrative reconsideration to protect their rights through legal channels and attend the reconsideration hearing in the administrative organ of the government. The administrative reconsideration organ shall receive them according to law. In this case, the administrative organ shall receive the hundreds of people gathered together according to law.To the court to carry out administrative litigation against the administrative organ, the court in accordance with the law also need to receive these hundreds of people.It involves the legitimate rights and interests of everyone.If it is not a legal problem, we need to seek a solution channel and the right way to solve it.Therefore, in order to solve legitimate demands, it is very important to take the right way of safeguarding rights.