Provincial High Court: Is it reasonable to be detained for petitioning in Beijing?
The issue of demolition and relocation involves the major economic interests of the people, so if the people are dissatisfied in the process of demolition, they will defend their rights through various means, some through litigation, and some through petitions. In order to standardize the procedures for petitioning, the mainland has formulated relevant laws requiring petitioners to only submit their reasons for petitioning to the departments prescribed by law, and then the petitioning departments will transfer them to the relevant organs. However, many ordinary people still choose to petition, or even cross the level to petition. If there are some acts that disturb social and public order, they will violate the relevant laws and may be restricted from personal freedom. This situation occurred in a real case that Lawyer Shen shared with his friends today, let's take a look at how petitioners should protect their legitimate rights and interests through legal channels at this time.
Zhu was dissatisfied with the government's administrative punishment and did not get a satisfactory result after petitioning because of the demolition problem. In 2017, Zhu used someone else's ID card to buy a train ticket to Beijing and prepared to petition beijing, but was persuaded by the staff to return before leaving. After that, Zhu mou again carried the petition materials and prepared to go to Beijing to petition, but was later persuaded by the staff of the street office to return. After that, Zhu first took a bus to Changsha and then from Changsha to Beijing. He was found by the staff at the Beijing railway station and persuaded to return. Later, Zhu was given an administrative punishment decision by the district public security sub-bureau and detained him for 20 days.
Zhu filed a lawsuit with the people's court, requesting that the punishment decision be revoked, and the people's court held after trial that although the lord wanted to petition in Beijing, he did not carry out acts that disrupted the order of the public place in the whole process, and after being persuaded by the staff to return, he followed the guidance of the staff and returned to his hometown without posting, distributing materials, shouting slogans or verbally abusing the extreme behavior, nor endangering the social illegal acts.
In the end, the people's court supported Zhu's litigation claim and revoked the punishment made by the public security sub-bureau, but because Zhu had the circumstances of using other people's identity cards, the people's court administratively detained Zhu for five days in accordance with the Resident Identity Card Law.
The above is a simple analysis of whether it is reasonable to be detained for petitioning in Beijing, if you encounter relevant problems, you can take up legal weapons to protect your legitimate rights and interests!