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与群体性事件直接相关的立法包括《突发事件应对法》《公安机关处置群体性事件规定》等,间接立法则主要涉及《信访条例》《集会游行示威法》《治安管理处罚法》等。但群体性事件之所以未能完全依照上述法律处置,主要源于“法不责众”和“情有可原”两个适用困境。同时,相关立法本身也存在立法分散、定性模糊、内容抽象等弊端。因此,从当代中国群体性事件的发展态势来看,制定一部更加科学合理、具有较强操作性的专门立法将是未来立法的工作重点。
Legislation directly related to mass incidents includes the Emergency Response Law, the Public Security Organs Disposal of Mass Incidents, and so on. The indirect legislation mainly refers to the Regulations on Petitions and Visits, the Procedure of Assembly, Parade and Protest, and the Law on Public Security Administration and Punishment. However, the reason why the mass incidents can not be disposed of completely in accordance with the above laws is mainly due to two applicable dilemmas such as “law does not blame the public” and “excuse me”. At the same time, the relevant legislation itself also has the drawbacks of decentralized legislation, qualitative ambiguity and content abstraction. Therefore, judging from the development trend of mass incidents in contemporary China, it will be the focus of legislation in the future to formulate a more scientific and rational specialized operative law.