Detailed rules for the implementation of the anti-espionage law of the People’s Republic of China
Xinhua News Agency, Beijing, December 6th
Detailed rules for the implementation of the anti-espionage law of the People’s Republic of China
Chapter I General Provisions
Article 1 These Detailed Rules are formulated in accordance with the Anti-Spy Law of the People’s Republic of China (hereinafter referred to as the Anti-Spy Law).
Article 2 State security organs shall be responsible for the implementation of these Detailed Rules.
Other relevant departments, such as public security and secrecy administration, and relevant departments of the army shall, in accordance with the division of responsibilities, cooperate closely, strengthen coordination, and do a good job in relevant work according to law.
Article 3 The term "overseas institutions and organizations" as mentioned in the Anti-Spy Law includes branches (representative) institutions and branches of overseas institutions and organizations established in People’s Republic of China (PRC); The so-called "overseas individuals" include those who live in People’s Republic of China (PRC) and do not have People’s Republic of China (PRC) nationality.
Article 4 The term "agent of spy organization" as mentioned in the Anti-Spy Law refers to a person who is instructed, entrusted or funded by a spy organization or its members to carry out or instruct or instruct others to carry out activities endangering People’s Republic of China (PRC)’s national security.
Spy organizations and their agents shall be confirmed by the national security authorities of the State Council.
Article 5 "Hostile organizations" as mentioned in the Anti-Spy Law refer to organizations that are hostile to the political power and socialist system of the people’s democratic dictatorship in People’s Republic of China (PRC) and endanger national security.
Hostile organizations shall be confirmed by the national security department of the State Council or the public security department of the State Council.
Article 6 The term "funding" for espionage endangering People’s Republic of China (PRC)’s national security as mentioned in the Anti-Espionage Law refers to the following acts of domestic and foreign institutions, organizations and individuals:
(1) Providing funds, places and materials to organizations and individuals who commit espionage;
(2) Providing funds, places and materials for organizations and individuals to carry out espionage.
Article 7 The term "collusion" in the Anti-Espionage Law to commit espionage that endangers People’s Republic of China (PRC)’s national security refers to the following acts of domestic and foreign organizations and individuals:
(1) Planning or conducting espionage activities endangering national security together with overseas institutions, organizations and individuals;
(2) Accepting funding or instigation from overseas institutions, organizations or individuals to carry out espionage activities that endanger national security;
(3) establishing contact with overseas institutions, organizations and individuals, obtaining support and assistance, and conducting espionage activities that endanger national security.
Article 8 The following acts belong to "acts endangering national security other than espionage" as mentioned in Article 39 of the Anti-Espionage Law:
(1) Organizing, planning and implementing secession, undermining national unity, subverting state power and overthrowing the socialist system;
(2) Organizing, planning or carrying out terrorist activities endangering national security;
(3) fabricating or distorting facts, publishing or disseminating words or information that endanger national security, or producing, disseminating or publishing audio-visual products or other publications that endanger national security;
(four) using the establishment of social organizations or enterprises and institutions to carry out activities that endanger national security;
(five) the use of religion to endanger national security activities;
(6) Organizing or using cults to carry out activities endangering national security;
(7) creating ethnic disputes, inciting ethnic division and endangering national security;
(8) An overseas individual who, in violation of relevant regulations, refuses to listen to dissuasion and meets with a person who has committed or is seriously suspected of endangering national security in China without authorization.
Chapter II Functions and Powers of State Security Organs in Counterespionage Work
Article 9 If an overseas individual is considered to be likely to engage in activities endangering People’s Republic of China (PRC)’s national security after entering the country, the competent national security department of the State Council may decide that he shall not enter the country for a certain period of time.
Article 10 A criminal suspect who betrays the motherland and endangers national security may be wanted and pursued by the state security organs according to the provisions of Article 8 of the Anti-Spy Law.
Article 11 When performing anti-espionage tasks according to law, state security organs have the right to investigate and ask relevant organizations and personnel about the situation.
Article 12 When performing anti-espionage tasks according to law, the staff of state security organs may inspect the articles attached to the suspects who are found to be unidentified and have acts endangering state security.
Thirteenth state security organs to carry out emergency tasks of anti-espionage vehicles, can be equipped with special traffic signs and warning lights, alarms.
Article 14 The functionaries of state security organs shall not be illegally interfered by other organizations or individuals when performing anti-espionage tasks according to law.
When performing anti-espionage tasks according to law, the staff of the state security organs shall produce the reconnaissance certificate of the state security department or other corresponding certificates.
State security organs and their staff shall act in strict accordance with the law in their work, and shall not exceed their functions and powers, abuse their powers, or infringe upon the legitimate rights and interests of organizations and individuals.
Chapter III Obligations and Rights of Citizens and Organizations in Safeguarding National Security
Article 15 State organs, public organizations and other organizations shall educate their own personnel on safeguarding national security, and mobilize and organize their own personnel to prevent and stop espionage, and shall accept the coordination and guidance of the state security organs.
State organs, public organizations and other organizations fail to fulfill their security obligations as stipulated in the Anti-Spy Law and these Detailed Rules, and fail to make rectification as required or fail to meet the rectification requirements. State security organs can interview the relevant person in charge, inform the superior competent department of the unit of the interview, and promote the implementation of the responsibility of preventing espionage and other acts endangering national security.
Article 16 The following situations are "significant contributions" as mentioned in Article 7 of the Anti-Spy Law:
(a) to provide important clues to the state security organs, and to discover and crack criminal cases that seriously endanger state security;
(two) to provide important information for the state security organs to prevent and stop acts that seriously endanger state security;
(three) closely cooperate with the state security organs to perform the task of national security, outstanding performance;
(four) in order to safeguard national security, to fight against criminals who endanger national security, with outstanding performance;
(5) Having made remarkable achievements in educating, mobilizing and organizing the personnel of the unit to prevent and stop acts endangering national security.
Article 17 "Illegal possession of documents, materials and other articles belonging to state secrets" as mentioned in Article 24 of the Anti-Spy Law refers to:
(1) Persons who should not be aware of a state secret carry and store documents, materials and other articles belonging to that state secret;
(2) Persons who may know a state secret carry or keep documents, materials and other articles belonging to the state secret without going through the formalities.
Article 18 The "special spy equipment" mentioned in Article 25 of the Anti-Spy Law refers to the following equipment with special needs for espionage:
(1) Hidden eavesdropping and photo stealing equipment;
(two) burst transceiver, one-time password book, steganography tools;
(3) Electronic monitoring and interception equipment for obtaining information;
(4) Other special spy equipment.
The confirmation of special spy equipment shall be the responsibility of the national security department of the State Council.
Chapter IV Legal Liability
Nineteenth acts endangering national security shall be punished by the relevant departments according to law, and the state security organs may also give warnings; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 20 The following situations belong to "meritorious service" as mentioned in Article 27 of the Anti-Spy Law:
(a) to expose and report other criminals who endanger national security, and the situation is true;
(2) Providing important clues and evidence so that acts endangering national security can be discovered and stopped;
(3) assisting the state security organs and judicial organs to capture other criminals who endanger state security;
(four) other acts that play an important role in assisting the state security organs to safeguard national security.
"Significant meritorious service" means that it plays a particularly important role in national security work within the scope of meritorious service listed in the preceding paragraph.
Article 21 If there is evidence to prove that someone knows about espionage or is explicitly told by the state security organ that there is a criminal act endangering state security, and the state security organ refuses to provide it when investigating relevant information and collecting relevant evidence, it shall be handled in accordance with the provisions of Article 29 of the Anti-Spy Law.
Article 22 When the state security organs perform anti-espionage tasks according to law, citizens and organizations have the obligation to provide convenience or other assistance according to law, and if they refuse to provide or assist, which constitutes a deliberate obstruction of the state security organs to perform anti-espionage tasks according to law, they shall be punished in accordance with the provisions of Article 30 of the Anti-Spy Law.
Article 23 Whoever intentionally obstructs a state security organ from performing its anti-espionage task according to law, thus causing personal injury or property loss to the staff of the state security organ, shall be liable for compensation according to law, and shall be punished by the judicial organ or the state security organ in accordance with the provisions of Article 30 of the Anti-Spy Law.
Article 24 The state security organ may decide that a person suspected of espionage shall not leave the country within a certain period of time. For an overseas individual who violates the Anti-Spy Law, the competent national security department of the State Council may decide to leave or deport the country within a time limit, and decide the time limit during which he is not allowed to enter the country. Overseas individuals who are deported shall not enter the country within 10 years from the date of deportation.
Chapter V Supplementary Provisions
Article 25 State security organs and public security organs shall, in accordance with laws, administrative regulations and relevant provisions of the State, perform their duties of preventing, stopping and punishing acts endangering State security other than espionage, and the relevant provisions of these Detailed Rules shall apply.
Article 26 These Rules shall come into force as of the date of promulgation. On June 4, 1994, the State Council promulgated the Detailed Rules for the Implementation of the National Security Law of People’s Republic of China (PRC), which was abolished at the same time.