Article 14 of the Constitution of the Republic of China provides that people have the freedom of assembly and association. It is also the fundamental human right. Although the Assembly and Parade Act was promulgated in 1988 and has been amended twice, its constitutionality has been challenged continuously. After the Council of Grand Justices made the interpretation of Shih-Zih No. 445, the legal system of assembly and parade still has not been changed and exercising assembly right still represent the practice of democracy and national sovereignty, which mainly protects the right of disadvantaged groups to express opinion and political ideas. In the multicultural and democratic society, if exercising the right positively can be highly valued, it will enhance the social harmony significantly. The respect towards exercising the freedom of assembly and the well addressing of it have become an important index to inspect a legal and democratic state. Article 35 of the Constitution of PRC provides that the people of the People's Republic of China shall have the freedom of speech, publication, assembly, association, parade and demonstration. Since the opening up and reformation of China, the social structure faced a huge transformation and the appeals of people tended to be more various, which provoked more riots and affected the stability of social economy and politics. Adopting a prevention mechanism for the collective power has become an issue for China. Following the rapid economic growth in cross-straits, Taiwan has also involved in the legal field of assembly and parade. Some enterprises have transferred asset and investment to China. Therefore, unemployed people will protest on the street and the social structure has also changed. Both of the governments in Taiwan and China need to established a mechanism and a well-structured system of administrative remedy and supervision to tackle demonstrations for a better harmonized society. Based on the 5 major frameworks of administration law, including administrative principles, administrative organization, administrative authority, administrative remedy and administrative supervision, this study aims at examining the legal system of assembly and parade in cross-straits to redress deficiency with researching by reference, historical analysis, comparative analysis and induction analysis in different aspects. Through the study, a lot of problems have been found, including the deficiency and vague definition of related law, unclear discretion standard, the need for shifting the system from permit to pre-notice, overbroad scale of restricted area, excessive harshness of criminal penalty, inadequacy of related mechanism and the systems of remedy and supers ion, political intervention and absurdity of the law. Overall, restriction exceeds protection. For promoting the mutual development and communication of cross-straits, both of the government in Taiwan and China should examine the problems dwelling in the law and further to review and perform modification, as well as establishing an assessment system.The admendemt of the legal system should move forwards to ¡§protecting the freedom of people as human right¡¨ of the Constitution, so as to fulfill the spirit of the Constitution and the International Covenant on Civil and Political Rights, namely, protecting human right.