The Comparison Of Criminal Laws On Assembly

The right of assembly is one of the most basic rights of citizens laid down in the Constitution. Although the constitution stands the highest status in a country's legal system, the specific protection of the provisions on the basic rights has to depend on the implementation of various law departments. Criminal law is the most stringent among the laws, only other laws can not protect the right effectively can the criminal law be used. This paper compares the relevant articles of the right of assembly in the criminal law of other countries and analyzes the relevant regulations of the law of the People's Republic of China on assemblies, processions and demonstrations and provisions in the criminal law of China. In the end, the writer makes some recommendations for improvement.The article includes four parts. The first part is the concept of the right of assembly, the nature of the law and the evolution of its history. The right of assembly is a right for citizens to gather tighter temporarily to express their ideas, wishes, views and opinions through lectures, debates and other forms. Norms of national law for the criminal law for the right of assembly is divided into two categories, one is the norm of protection and the other is prohibition, which will also be discussed in the second and third part in the content. The second part is about protective provision of the right of assembly in foreign countries. Such provisions can be divided into two categories: equal protection and freedom protection and the detailed comparison will be given. The third part is about prohibited regulations of the right of assembly ,it includes six categories: the propose of unlawful assembly,the assembly acts of violence,meeting in the carriage of dangerous arms,assembly of sedition behavior,disturbing public order and violation of the management and command of relevant authority. This part in detail discusses the mainstay who will take the criminal responsibility and what kind of responsibility they will take on the basis of the classification above. The forth part analyzes the criminal regulations about assembly in China and gives some suggestions for the improvement of legal liability concerning the right of assembly.