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The driver hung an American flag in the car, and the veterans suspected him of being a spy. The lawyer said: It is suspected of being illegal

2024-08-27

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Recently, in Nanjing, Jiangsu, a man saw an American flag hanging on a roadside car and asked the owner to tear it down immediately. After being refused, the two sides had a fierce dispute.

In the video, the man took out his ID and claimed to be a veteran. The car owner said, "What right do you have to control me?" Finally, the man called the police and said that he "suspected that the other party was an American spy."

How should we view this matter from a legal perspective? Is it illegal for Chinese people to hang the flag of another country in their private cars? Is the veterans' behavior appropriate?

The author of Toutiao account "Anlu Shuofa" @Anlu Shuofa analyzed this.

Lawyer: The driver involved is suspected of violating the law!

1. Is it illegal for Chinese people to hang the flag of another country in their private cars?

The answer is illegal!

Article 18 of the Ministry of Foreign Affairs' "Regulations on the Raising and Use of National Flags in Foreign Affairs" clearly stipulates that in China, whenever the national flags of multiple countries or the flags of international intergovernmental organizations are hoisted at the same time, the Chinese national flag must also be hoisted.

Only the national flags of countries with which China has established diplomatic relations can be hoisted outdoors or in public places. If the flag of a country with which China has not established diplomatic relations is to be hoisted, it must be reviewed in advance by the Foreign Affairs Office of the People's Government of the province, autonomous region, or municipality directly under the Central Government, and then reported to the Ministry of Foreign Affairs for approval.

The United States is a country that has established diplomatic relations with China, which means that we can hang the American flag outdoors or in public places. However, it should be noted that when hanging the American flag, the Chinese flag must also be hung at the same time, otherwise it is an illegal act.

Specifically in this case, the driver involved only flew the American flag, which was obviously illegal!

2. How do you evaluate the veterans’ practices?

For a Chinese person to fly a foreign flag alone is not only illegal, but also truly suspicious!

Fighting against crimes is the basic duty of citizens! National security is everyone's responsibility! As a veteran, the man has a strong sense of vigilance! It's worth a thumbs up!

However, although the man is a veteran, he is not a law enforcement officer. After failing to dissuade the driver from tearing down the national flag, he cannot tear down the national flag hung by the driver, otherwise he will be suspected of intentionally damaging other people's property and face punishment!

The veteran did the right thing by not tearing down the national flag hung by the driver but instead chose to call the police!

3. It is understandable to feel questioned, but don’t be impulsive!

It is understandable that the driver is suddenly questioned, but the questioning is due to the driver's illegal behavior.

What was even more wrong was that the driver kept insulting the man because he was questioned by him!

Article 42, Paragraph 2 of the "Public Security Administration Punishment Law" stipulates that anyone who publicly insults others shall be detained for not more than 5 days or fined not more than 500 yuan; if the circumstances are serious, he shall be detained for 5-10 days and may be fined not more than 500 yuan.

The driver involved may eventually be punished for violating the Public Security Administration Punishment Law!

(Zero Degree Review is compiled from Xihai Metropolis Daily and Toutiao author @安律说)