滕彪文集
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滕彪文集
·独立知识分子——写给我的兄弟/许志永
·滕彪的叫真/林青
·2011年十大法治事件(公盟版)
·Chinese Human Rights Lawyers Under Assault
·《乱诗》/殷龙龙
·吴英的生命和你我有关
·和讯微访谈•滕彪谈吴英案
·吴英、司法与死刑
·努力走向公民社会(视频访谈)
·【蔡卓华案】胡锦云被诉窝藏赃物罪的二审辩护词
·23岁青年被非法拘禁致死 亲属六年申请赔偿无果
·5月2日与陈光诚的谈话记录
·华邮评论:支持中国说真话者的理由
·中国律师的阴与阳/金融时报
·陈光诚应该留还是走?/刘卫晟
·含泪劝猫莫吃鼠
·AB的故事
·陈克贵家属关于拒绝接受两名指定律师的声明
·这个时代最优异的死刑辩词/茉莉
·自救的力量
·不只是问问而已
·The use of Citizens Documentary in Chinese Civil Rights Movements
·行政强制法起草至今23年未通过
·Rights Defence Movement Online and Offline
·遭遇中国司法
·一个单纯的反对者/阳光时务周刊
·“颠覆国家政权罪”的政治意涵/滕彪
·财产公开,与虎谋皮
·Changing China through Mandarin
·通过法律的抢劫——答《公民论坛》问
·Teng Biao: Defense in the Second Trial of Xia Junfeng Case
·血拆危局/滕彪
·“中国专制体制依赖死刑的象征性”
·To Remember Is to Resist/Teng Biao
·Striking a blow for freedom
·滕彪:维权、微博与围观:维权运动的线上与线下(上)
·滕彪:维权、微博与围观:维权运动的线上与线下(下)
·达赖喇嘛与中国国内人士视频会面问答全文
·台灣法庭初體驗-專訪滕彪
·滕彪:中国政治需要死刑作伴
·一个反动分子的自白
·强烈要求释放丁红芬等公民、立即取缔黑监狱的呼吁书
·The Confessions of a Reactionary
·浦志强 滕彪: 王天成诉周叶中案代理词
·选择维权是一种必然/德国之声
·A courageous Chinese lawyer urges his country to follow its own laws
·警方建议起诉许志永,意见书似“公民范本”
·对《集会游行示威法》提起违宪审查的公开建议书
·对《集会游行示威法》提起违宪审查的公开建议书
·滕彪访谈录:在“反动”的道路上越走越远
·因家暴杀夫被核准死刑 学界联名呼吁“刀下留人”
·川妇因反抗家暴面临死刑 各界紧急呼吁刀下留人
·Activist’s Death Questioned as U.N. Considers Chinese Rights Report
·Tales of an unjust justice
·打虎不是反腐
·What Is a “Legal Education Center” in China
·曹雅学:谁是许志永—— 与滕彪博士的访谈
·高层有人倒行逆施 民间却在不断成长
·让我们记住作恶的法官
·China’s growing human rights movement can claim many accomplishments
·總有一種花將會開遍中華大地/郭宏治
·不要忘记为争取​自由而失去自由的人们
·Testimony at CECC Hearing on China’s Crackdown on Rights Advocates
·Tiananmen at 25: China's next revolution may already be underway
·宗教自由普度共识
·"Purdue Consensus on Religious Freedom"
·Beijing urged to respect religious freedom amid ‘anti-church’ crackd
·“中共难容宗教对意识形态的消解”
·非常规威慑
·许志永自由中国公民梦不碎
·滕彪维园演讲
·Speech during the June 4th Vigil in Victoria Park in Hong Kong
·坦克辗压下的中国
·呂秉權﹕滕彪赤子心「死諫」香港
·【林忌评论】大陆没民主 香港没普选?
·曾志豪:滕彪都站出來,你呢?
·June 2014: Remembering Tiananmen: The View from Hong Kong
·The Strength to Save Oneself
·讓北京知道 要甚麼樣的未來/苹果日报
·否認屠殺的言論自由?
·Beyond Stability Maintenance-From Surveillance to Elimination/Teng bia
·从稳控模式到扫荡模式
·為自由,免於恐懼越絕壑——記滕彪談中國維權路
·就律协点名维权律师“无照”执业 滕彪答德国之声记者问
·法官如何爱国?
·滕彪给全国律协的公开信
·郑州十君子公民声援团募款倡议书
·Politics of the Death Penalty in China
·What sustains Chinese truth-tellers
·在人权灾难面前不应沉默
·From Stability Maintenance to Wiping Out/Teng biao
·自由不是一個禮物,而是一個任務
·抱薪救火的严打政策
·习近平要回到文革吗?
·中国宪法的结构性缺陷
·25 years later, Tiananmen cause is still costly
·A Chinese activist: Out of prison but not free
·中国人权有进步吗?
·Activist lawyer vows to keep fighting for human rights
·高智晟:走出监狱却没有自由
·VOA时事大家谈:维权/维稳
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Open Recommendation to Conduct Constitutional Review on the “Law of t

Open Recommendation to Conduct Constitutional Review on the “Law of the People’s Republic of China on Assemblies, Processions and Demonstrations”
   
   By 78 Chinese Scholars, Journalists and Lawyers, published: January 22, 2014
   
   https://chinachange.org/2014/01/22/open-recommendation-to-conduct-constitutional-review-on-the-law-of-the-peoples-republic-of-china-on-assemblies-processions-and-demonstrations/

   
   The National People’s Congress,
   
   Constitutional supremacy is the foundation of modern states. As the highest law of the land, it should not exist just as a text; it must be enforced in judicial practices. By the same token, for the Constitution to uphold its authority, it must not look away from laws, regulations and acts that violate the Constitution. When the Constitution promises basic human rights and freedoms for citizens, it shall not indulge the continuous existence of any law or regulation that transgresses these rights and freedoms.
   
   
   
   Article 5 of the Constitution of the People’s Republic of China stipulates, “No laws or administrative or local rules and regulations may contravene the Constitution.” “All state organs, the armed forces, all political parties and public organizations and all enterprises and institutions must abide by the Constitution and the law. All acts in violation of the Constitution or the law must be investigated.” And “no organization or individual is privileged to be beyond the Constitution or the law.” According to Article 62 of the Constitution, the functions and powers of the National People’s Congress include “supervising the enforcement of the Constitution” as well as “amending laws.”
   
   Article 78 of the Legislation Law of the People’s Republic of China stipulates: “The Constitution has the highest legal authority, and no national law, administrative regulation, local decree, autonomous decree and special decree, or administrative or local rule may contravene the Constitution.” Article 87 of the same law stipulates that, when “a lower level law contravenes a higher level law,” the authoritative body “shall amend or cancel it.” And Article 88 of the same law stipulates: “the National People’s Congress has the authority to amend or cancel any inappropriate national law enacted by its Standing Committee.”
   
   We believe that the Law of the People’s Republic of China on Assemblies, Processions and Demonstrations, promulgated and enacted on October 31, 1989, deprives in essence citizens of their rights to assemble, march and demonstrate and contravenes the Constitution, and the National People’s Congress should conduct a constitutional review of it and cancel it.
   
   1. Article 20 of the Universal Declaration of Human Rights states, “everyone has the right to freedom of peaceful assembly and association.” Article 21 of the International Covenant on Civil and Political Rights, which China signed in 1998, states, “the right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right……” And Article 22: “1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.” 2. No restrictions may be placed on the exercise of this right……”As a member of the United Nations, a permanent member of the UN Security Council and a member of the current UN Human Rights Council, China is supposed to adhere to the United Nations conventions on human rights, and align its legal system with related international treaties.
   
   2. Article 35 of the Constitution of the People’s Republic of China stipulates: “Citizens of the People’s Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration.” The article unequivocally confirms the constitutional rights to assemble, to associate, to proceed, and to demonstrate, and no political party, nor the government, has the right to interfere, and no law or regulation shall infringe on this constitutional safeguard. But Article 7 of the Law of the People’s Republic of China on Assemblies, Processions and Demonstrations stipulates: “for the holding of an assembly, a procession or a demonstration, application must be made to and permission obtained from the competent authorities in accordance with the provisions of this Law.” By imposing administrative approval on constitutional rights, the Law of the People’s Republic of China on Assemblies, Processions and Demonstrations contravenes the Constitution. Laws can be made to safeguard, or elaborate on, the constitutional rights but have no right to impose administrative approval on the basic rights provided for by the Constitution.
   
   To truly safeguard citizens’ rights to assemble, march and demonstrate, the administrative approval mechanism, currently in place, over assemblies, processions and demonstrations must be changed. The common practice of all countries with rule of law is a filing system in which, if the planned assembly, procession or demonstration exceeds a certain scale, then the citizens notify the public security organ in advance so that the latter will deploy a police force to impose order and ensure the smooth conduct of the assembly, procession or demonstration.
   
   3. Overall, it is clear that the Law of the People’s Republic of China on Assemblies, Processions and Demonstrations was meant to restrict assemblies, processions and demonstrations. With only 3,618 words, the law imposes 14 “shall not”s: “no weapons, regulated cutting tools shall be carried…”(Article 5).“No citizens shall, in a city other than his place of residence, start, organize or participate in an assembly, a procession or a demonstration of local citizens”(Article 15). “No functionary of a state organ shall organize or participate in an assembly, a procession or a demonstration which contravenes the functions and obligations of functionaries of state organs as prescribed in relevant laws and regulations”(Article 16). “Temporary security cordons…shall not be crossed” (Article 22). “Foreigners in the territory of China may not, without approval by the competent authorities, participate in an assembly, a procession or a demonstration held by Chinese citizens”(Article 34). “No assembly, procession or demonstration shall be held within a peripheral distance of 10-300 meters from the following places: (1) premises of the Standing Committee of the National People’s Congress, the State Council, the Central Military Commission, the Supreme People’s Court and the Supreme People’s Procuratorate; (2) places where state guests are staying; (3) important military installations; and (4) air harbors, railway stations and ports”(Article 23).
   
   Apart from these prohibitions, this law has more restrictive rules: “The time for holding an assembly, a procession or a demonstration shall be limited to 6 a.m. – 10 p.m., with the exception of those held by decision or approval of the local people’s governments”( Article 24). “If anyone organizes or participates in an assembly, a procession or a demonstration in the name of a state organ, a public organization, an enterprise or an institution, he must first obtain approval from its leaders”( Article 17), and more. This law continues the practice of “abstractly confirming but practically negating” freedoms and human rights. In its 36 articles, 2 are abstractly confirmative, and 23 are prohibitions or restrictions, or 64% of the entire law. No wonder people describe this law as the Law of the People’s Republic of China on Prohibiting Assemblies, Processions and Demonstrations. In terms of purpose of legislation, this law clearly and severely restricts citizens’ constitutional rights, a violation of the Constitution without a doubt.
   
   
   
   4. Indeed, since the enactment of the Law of the People’s Republic of China on Assemblies, Processions and Demonstrations, citizens’ rights to assemble, march, and demonstrate have all but been deprived. The law was promulgated hurriedly in the wake of the students and residents democratic movement in 1989. During a period of nearly 25 years, the public security bureaus across China have almost never granted permission to a request to assembly, march or demonstrate, rejecting even requests for a procession of only three to five people making limited appeal on the basis that they would “seriously disrupt social order.”

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