The Law of Assembly in the People's Republic of China: Implications of the Retreat to Formal Legalism for the Legislative Process in China
Under the most current constitution, written in 1982, the citizens of the PRC are guaranteed freedom of the press, speech, assembly, association, procession, and demonstration; furthermore, all citizens enjoy the rights and assume the responsibilities prescribed by the constitution and the law. In 1...
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Institutional Knowledge at Singapore Management University
1991
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sg-smu-ink.sol_research-39522017-05-22T08:19:44Z The Law of Assembly in the People's Republic of China: Implications of the Retreat to Formal Legalism for the Legislative Process in China FINDLAY, Mark CHIU, Thomas Chor-Wing Under the most current constitution, written in 1982, the citizens of the PRC are guaranteed freedom of the press, speech, assembly, association, procession, and demonstration; furthermore, all citizens enjoy the rights and assume the responsibilities prescribed by the constitution and the law. In 1989, following the student democracy demonstrations in the PRC, the government circulated a draft of the law concerning assemblies, processions, and demonstrations for public comment. While the 24 articles of the draft legislation effectively removed the right to free public protest by interposing a variety of administrative procedures governing proscription of venue, application, approval, and review, the eventual law did make some attempt to "democratize" the process. Even so, the public security organs now have absolute power to cancel protest activities and arrest any participants or organizers and the category of areas designated as "off limits" to public assemblies has been expanded. The way in which the legislation was passed, its constitutional language, and the ascription to regulation for the protection of citizens' rights reveal the utility of legality in ensuring political legitimacy and highlight the manipulation of the legislative process in the PRC by the government as motivated by foreign policy concerns. 1991-09-01T07:00:00Z text application/pdf https://ink.library.smu.edu.sg/sol_research/2000 https://ink.library.smu.edu.sg/context/sol_research/article/3952/viewcontent/LawAssemblyPRC_1991_JLSocy.pdf http://creativecommons.org/licenses/by-nc-nd/4.0/ Research Collection Yong Pung How School Of Law eng Institutional Knowledge at Singapore Management University Freedom of assembly and association Legislative impact China Asian Studies Constitutional Law Legislation |
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Freedom of assembly and association Legislative impact China Asian Studies Constitutional Law Legislation FINDLAY, Mark CHIU, Thomas Chor-Wing The Law of Assembly in the People's Republic of China: Implications of the Retreat to Formal Legalism for the Legislative Process in China |
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Under the most current constitution, written in 1982, the citizens of the PRC are guaranteed freedom of the press, speech, assembly, association, procession, and demonstration; furthermore, all citizens enjoy the rights and assume the responsibilities prescribed by the constitution and the law. In 1989, following the student democracy demonstrations in the PRC, the government circulated a draft of the law concerning assemblies, processions, and demonstrations for public comment. While the 24 articles of the draft legislation effectively removed the right to free public protest by interposing a variety of administrative procedures governing proscription of venue, application, approval, and review, the eventual law did make some attempt to "democratize" the process. Even so, the public security organs now have absolute power to cancel protest activities and arrest any participants or organizers and the category of areas designated as "off limits" to public assemblies has been expanded. The way in which the legislation was passed, its constitutional language, and the ascription to regulation for the protection of citizens' rights reveal the utility of legality in ensuring political legitimacy and highlight the manipulation of the legislative process in the PRC by the government as motivated by foreign policy concerns. |
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text |
author |
FINDLAY, Mark CHIU, Thomas Chor-Wing |
author_facet |
FINDLAY, Mark CHIU, Thomas Chor-Wing |
author_sort |
FINDLAY, Mark |
title |
The Law of Assembly in the People's Republic of China: Implications of the Retreat to Formal Legalism for the Legislative Process in China |
title_short |
The Law of Assembly in the People's Republic of China: Implications of the Retreat to Formal Legalism for the Legislative Process in China |
title_full |
The Law of Assembly in the People's Republic of China: Implications of the Retreat to Formal Legalism for the Legislative Process in China |
title_fullStr |
The Law of Assembly in the People's Republic of China: Implications of the Retreat to Formal Legalism for the Legislative Process in China |
title_full_unstemmed |
The Law of Assembly in the People's Republic of China: Implications of the Retreat to Formal Legalism for the Legislative Process in China |
title_sort |
law of assembly in the people's republic of china: implications of the retreat to formal legalism for the legislative process in china |
publisher |
Institutional Knowledge at Singapore Management University |
publishDate |
1991 |
url |
https://ink.library.smu.edu.sg/sol_research/2000 https://ink.library.smu.edu.sg/context/sol_research/article/3952/viewcontent/LawAssemblyPRC_1991_JLSocy.pdf |
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