NCJ Number
216206
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 30 Issue: 1 Dated: Spring 2006 Pages: 25-48
Date Published
2006
Length
24 pages
Annotation
This comparison of the law of assembly in the People's Republic of China (PRC) and the Republic of China (ROC, or Taiwan) focuses on the structure of police powers during assembly, procession, and demonstration, as well as the two societies' distinctive histories, constitutions, and politics.
Abstract
ROC and PRC assembly laws differ in one major respect. The ROC assembly law is more accepting of individual rights to assembly and free speech; whereas, the PRC assembly law is more protective of the state's interests and is concerned with social order. This reflects a marked difference in political philosophies between the two countries as well as police practices. The ROC police have been instructed to give greater emphasis to the freedom of citizens than the state's interest in order and security. The PRC police, on the other hand, have a policy of suppressing political demonstrations that involve dissent against the legitimacy and control of the Communist Party and the state. The Republic of China views liberalization and democratization as an appealing tool through which the reunification of China can be achieved. In contrast, the People's Republic of China favors economic reform without fundamental political change. This comparative study used a "textual" (concept, language, and structure) and "contextual" (historical, constitutional, and political) methodology. Assembly laws of the two countries were compared according to purpose, definitions, police agency in charge, prohibited activities, protection for lawful assembly, restricted area, responsible person in charge, exempted assembly, application requirements, eligibility of responsible person, and approval criteria and procedure. 1 table, 28 notes, and 63 references