PRC Scholars: Judicial Interpretation on Disturbing the Peace Illegal, Unconstitutional
On August 5, 2020, Liu Zhiqiang (刘志强) and Song Haichao (宋海超), academics at the Guangzhou University Institute for Human Rights, published an article on Wechat ( https://mp.weixin.qq.com/s/kbCrJJfkLJPL7PBmjwQ0YA ) entitled “A Review of the "Three Characteristics of the ‘Judicial Interpretation of the Crime of Disturbing the Peace.’” [寻衅滋事罪司法解释“三性”审视] The article, which was also published in the 2020.5 edition of the journal “Academia” (学术界), reached the following conclusion regarding the crime of disturbing the peace (sometimes translated as " picking quarrels and provoking trouble ") as applied by PRC courts to online speech: There are major flaws in the rationality of the Judicial Interpretation of the Crime of Disturbing the Peace. . . .From its legislative subject matter to its legislative content and legislative procedures the Judicial Interpretation of the Crime of Disturbing the Peace is "substantive legislation" that completely fails to comply with the