The Beijing police on charges of "nuisance" Ark church and violation of the "Regulations" Chinese Religious Affairs Legal Defense

--And to Chinese, all religious believers "law card"

Author / Li Baiguang

(Christians, Peking University, doctor of law, prominent human rights lawyer, church brothers ark.)

   In January 15, 2006, about four thirty in the afternoon, when the Brethren Church sermon is to Bei Cun, Beijing City Public Security Bureau uniformed officers Gao Xijun (number: 035250) with another of his wearing police uniforms colleagues and two plain clothes to Beijing city Chaoyang District Wangjing Nanhu Park 111 building 1904 room ark church. One said that the four law enforcement of local neighbors, they received 110 alarm, say we ark church "nuisance". In addition, a backpack of plainclothes officers took out Chinese "Regulations" of the State Council for religious affairs pamphlet, accused of ark of worship of the church activities in violation of the "Regulations on religious affairs" China. The officer opened the "Regulations" religious affairs pamphlet, the "Regulations" of article twelfth to read to us: "believe the collective religious activities of citizens, should in general be in registered sites for religious activities (monasteries, temples, mosques, churches and other fixed religious activity venue) held within", then he said: "you this meeting place without the approval of relevant departments, not legal." Therefore, I told the policeman: our party without government approval, the reasons are as follows:

   First, the State Council regulations on religious affairs Chinese "" Twelfth "religious about the collective religious activities of citizens, should in general be in registered sites for religious activities" and the "Regulations" stipulates that the thirteenth "preparations for the establishment of the sites for religious activities" to the county (city), regulations, approval of provincial level three of public authority the current constitution, in violation of the Chinese "" article thirty-sixth "citizens of the people's Republic of China enjoy freedom of religious belief. Any state organ, social organization or individual may compel citizens to believe or not to believe in a religion, citizens shall not be discriminated against religious and non religious citizens." Regulations.

   Chinese current "constitution" article thirty-sixth of the freedom of religious belief regulations, means that every citizen has the right to take one's ease or refuse to believe in any religion or belief and the right, and even the devil's rights or belief worship any idols right. As long as the citizen not prohibited by law, so, law enforcement agencies will not in any form to have the belief of citizens to take to limit or interference he believed in freedom of action. Criminal behavior even in the citizen religion, legal punishment is not the citizen, punish only the citizen's external behavior.

   Therefore, in the current constitution China "" thirty-sixth announced the freedom of belief, any state organ, social organization or the citizen has no right to any citizen belief content of the evaluation of the legal and evaluation as a restriction or interference free citizens belief basis. This is civilized society common belief the idea of freedom.

Chinese current "constitution" article thirty-sixth of the freedom of religion, but also means that the gathering place of religious believers do not need the county (city), province, three public authority approval to set up, because religion is purely a citizen's inner emotional activities, external behavior law only secular tube people not to spy on people's inner thoughts and feelings. A secular law shall not at any time to intervene and beliefs of citizens right evaluation, "licensing and exercise the secular law of its activity". At most, the gathering place of religious believers in the public authority for the record, and completely without obtaining permission or approval "". Otherwise, the public authority acts constitute illegal interference or discrimination of freedom of religion.

   It is from this sense, the "Regulations" provisions Chinese religious affairs twelfth, thirteenth is a violation of the constitution Chinese "" article thirty-sixth of the freedom of religion, is unconstitutional administrative regulations. So, how should we treat it in violation of the "constitution" Chinese administrative regulations?

   Second, in accordance with the provisions of the constitution China "" fifth: Chinese "the rule of law, building a socialist country ruled by law. The national safeguard the uniformity and dignity of the socialist legal system. All the laws, administrative regulations and local regulations may contravene the constitution." So, in violation of the constitution China "" fifth "of the State Council regulations on religious affairs" twelfth, the provisions of article thirteenth is an invalid administrative regulations, according to the provisions of the present Chinese "legislative law" Seventy-eighth: "the constitution has the highest legal effect, and all the laws, administrative regulations, local regulations, autonomous regulations and separate regulations, regulations may contravene the constitution." In accordance with the "provisions of the legislation law" in article eighty-eighth, in violation of Chinese "constitution" of the administrative regulations shall be determined by the Standing Committee of National People's Congress shall be changed or revoked.

   Therefore, I told the undercover police officer and his colleagues at the meeting place and all the brothers and sisters: when China existing laws, administrative regulations, local laws and regulations violate China government issued "constitution", we only follow the constitution, refused to obey obey unconstitutional laws and administrative regulations. Because the constitution has the highest legal effect. So we are the ark of worship of the church activities in full compliance with the provisions of article thirty-sixth of the constitution of the China. Beijing police quoted an administrative regulations unconstitutional expansion of our church accused the ark, in the law is totally untenable.

   Told the Beijing police: we prepared according to the provisions of the "legislation law" China eighty-eighth, put forward the legal, regulations "for the record" the examination of the applications to the Standing Committee of the NPC, the NPC Standing Committee in accordance with the requirements to change or cancel the "Regulations on religious affairs" of twelfth, thirteenth of this violation of the constitution of the administrative regulations. We ask China government must respect has announced its own constitution and laws enacted in the citizen's rights and freedom of citizens, must be seriously, seriously and respect for citizens to take one's ease has announced that the exercise of the Constitution and the law of the rights and freedoms, and send a request when the citizens, the public Power Authority has the obligation to exercise the for the rights of citizens and free to remove the obstacles, or public authority will bear the legal responsibility of administrative omission.

   Third, about the Beijing police accused us of ark church activities "nuisance". I told the undercover, why in the past two years, we are the ark church has never received a neighbor to the "110" complaints "disturbing" alarm, while high Zhisheng lawyer came to our church several times after the ark, the police two times in a row (the first was in January 8, 2006) to alarm to "110" complaints "nuisance" to "harassment" we ark church? My undercover suggestion: since some people think we ark church activities "nuisance", he means we sing hymns and preacher voice "disturbing" or else "nuisance"? If we sing hymns and preacher's voice "nuisance", professional equipment we can ask the Beijing City Environmental Protection Bureau or the State Environmental Protection Administration with measurement noise outside our party measurement points, we see the voice of the house outside the house is a Chinese "noise pollution prevention and control law" the stipulation of "the people" voice, OK? The police did not answer my advice, just to say that I understand the law do not meet the Chinese law, legal interpretation is that foreigners.

   I tell the police, my understanding of freedom of religion is not only in conformity with the Constitution and the law Chinese, also in line with the meaning of "China United Nations have signed the International Convention on Civil and political rights" in article eighteenth of the freedom of religion, my understanding of freedom of religion is in line with the concept and spirit of this Ming Dynasty when common freedom of religion.

   Finally, the plainclothes officers put forward we all brothers and sisters name, ID number, contact telephone number to register again, I shouted to the police: "I refuse to register. You can take me to jail, I also reject the registration." The reason is very simple: belief activities is purely emotional activities of a citizen, the external behavior law only worldly people not to spy on people's inner thoughts and feelings.

(the night of 15 January 2006)

Li Baiguang: Christian, Peking University, doctor of law, prominent human rights lawyer, church brothers ark.