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Anti-espionage Law of the People's Republic of China

Tongren City Government Website http://ldushu.com/

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  • Index Number: 000014349 / 2019-2242064
  • Information Classification: Regulations
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  • Symbol: None
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  • Information Name: Anti-espionage Law of the People's Republic of China

(Adopted at the eleventh meeting of the Standing Committee of the Twelfth National People's Congress on November 1, 2014)

Chapter One

General

Article 1 This Law is enacted in accordance with the Constitution in order to prevent, suppress and punish espionage and safeguard national security.

Article 2: Anti-espionage work adheres to the unified leadership of the central government, adheres to the principles of combining open work with secret work, combining special work with the mass line, active defense, and punishment according to law.

Article 3. National security agencies are the competent authorities for counter-espionage work.

The other relevant departments of the public security and confidential administration and the relevant departments of the military according to the division of responsibilities, cooperate closely, strengthen coordination, and do a good job in accordance with the law.

Article 4 Citizens of the People's Republic of China have the obligation to safeguard national security, honor, and interests, and must not engage in acts that endanger national security, honor, and interests.

All state organs and armed forces, political parties, social groups, and enterprises and institutions have the obligation to prevent and stop espionage and maintain national security.

National security agencies must rely on the support of the people in anti-espionage work to mobilize and organize the people to prevent and stop spy acts that endanger national security.

Article 5 Anti-espionage work shall be carried out in accordance with law, respecting and protecting human rights and protecting the legitimate rights and interests of citizens and organizations.

Article 6 Any foreign agency, organization, or individual who conducts or instructs or finances another person's implementation, or a domestic agency, organization, or individual cooperates with an overseas agency, organization, or individual to carry out espionage that endangers the national security of the People's Republic of China must be subject to law Investigate.

Article 7 The state shall protect organizations and individuals who support and assist counter-espionage work, and reward those who have made significant contributions. [2]

Chapter two

Authority of the National Security Agency in Anti-espionage Work

Article 8: National security organs shall perform investigations, detentions, pre-trials and arrests as well as other functions and powers prescribed by law in counter-espionage work.

Article 9 When performing tasks in accordance with the law, staff members of national security organs shall, in accordance with regulations, present corresponding documents and have the right to verify the identity certificates of Chinese citizens or overseas personnel, and to investigate and inquire about relevant organizations and personnel.

Article 10 When performing tasks in accordance with the law, staff members of national security agencies may enter relevant places and units in accordance with relevant regulations and produce relevant certificates; in accordance with relevant state regulations, upon approval, they may enter relevant restricted areas, places, and institutions upon presentation of relevant documents. , Check or retrieve related files, materials, and articles.

Article 11 In the case of performing emergency tasks in accordance with the law, staff members of national security organs can give priority to public transportation by presenting corresponding documents, and have priority in traffic when traffic is blocked.

Due to the needs of anti-espionage work, national security organs may, in accordance with relevant state regulations, prioritize or requisition vehicles, communications tools, sites and buildings of organs, groups, enterprises, institutions and individuals, and may set up relevant workplaces and The equipment and facilities shall be returned or restored to their original state in time after the completion of the tasks, and the corresponding costs shall be paid in accordance with the regulations; any losses shall be compensated.

Article 12: Due to the needs of reconnaissance of espionage, the state security organs may adopt technical reconnaissance measures after strict approval procedures in accordance with relevant state regulations.

Article 13: National security agencies may, in accordance with the requirements of anti-espionage work, inspect the electronic communication tools, equipment and other equipment and facilities of relevant organizations and individuals in accordance with regulations. If it is found during inspection that there is a situation that endangers national security, the national security organ shall order it to make rectification; if it refuses to make rectification or fails to meet the requirements after rectification, it may be sealed up or detained.

After the equipment or facilities that have been sealed up or detained in accordance with the provisions of the preceding paragraph have been eliminated from endangering national security, the state security organs shall promptly lift the seal up or detention.

Article 14 Due to the needs of anti-espionage work, national security agencies may, in accordance with relevant national regulations, request the customs, border inspection and other inspection agencies to exempt relevant personnel, materials and equipment from inspection. Relevant inspection authorities shall assist.

Article 15: National security agencies may seize and detain tools and other property used for espionage, as well as funds, places, and materials used to fund espionage, with the approval of the heads of national security agencies at or above the city level. ,freeze.

Article 16 National security agencies may, in accordance with the needs of anti-espionage work, work with relevant departments to formulate anti-espionage technology prevention standards, guide relevant departments to implement anti-espionage technology prevention measures, and conduct strict approval procedures for departments with hidden dangers to conduct anti-espionage. Technical precaution inspection and testing.

Article 17 The national security organs and their staff shall, in the course of their work, act strictly in accordance with the law, shall not exceed their powers, abuse their powers, and shall not infringe upon the legitimate rights and interests of organizations and individuals.

The information and materials of the organizations and individuals obtained by the national security organs and their personnel in accordance with the law in performing their duties of anti-espionage work can only be used for anti-espionage work. Those belonging to state secrets, commercial secrets and personal privacy shall be kept secret.

Article 18 Staff members of national security organs shall be protected by law when performing their duties according to law. [2]

third chapter

Duties and rights of citizens and organizations

Article 19: Organs, groups and other organizations shall educate personnel in their units to maintain national security, and mobilize and organize personnel in their units to prevent and stop spying.

Article 20 Citizens and organizations shall provide convenience or other assistance for counter-espionage work.

As a result of assisting anti-espionage work, if the personal safety of himself or his close relatives is in danger, he may ask the national security organ for protection. National security organs shall take protective measures in accordance with the law in conjunction with relevant departments.

Article 21 Citizens and organizations shall promptly report espionage to the national security organs; if they report to public security organs and other state organs and organizations, the relevant national organs and organizations shall immediately transfer them to the national security organs for handling.

Article 22 When a state security agency investigates and learns about espionage and collects relevant evidence, relevant organizations and individuals shall truthfully provide it and may not refuse it.

Article 23 Any citizen or organization shall keep state secrets about counter-espionage work known to him.

Article 24 No individual or organization shall illegally hold documents, materials and other items that are state secrets.

Article 25 No individual or organization shall illegally possess and use special spy equipment specially required for espionage. The special spy equipment shall be confirmed by the State Security Administration of the State Council in accordance with relevant state regulations.

Article 26 Any individual or organization shall have the right to report or file a complaint to a higher-level national security organ or the relevant department over the authority, abuse of power, and other illegal acts of the national security organ and its staff. The national security organ or relevant department that accepts the report or accusation shall investigate the facts in a timely manner, be responsible for handling, and inform the informant and accuser of the result of the process in a timely manner.

No individual or organization may suppress or crack down on retaliation against individuals and organizations that assist the work of national security agencies or report or sue according to law. [2]

Chapter Four

legal liability

Article 27 If an overseas institution, organization, or individual conducts or directs or finances another person's implementation, or a domestic institution, organization, or individual cooperates with an overseas institution, organization, or individual to commit espionage, which constitutes a crime, criminal responsibility shall be investigated according to law.

Those who commit espionage, who have surrendered themselves or made meritorious deeds, may be given a lighter, mitigated or waived punishment; those who have made major meritorious deeds shall be rewarded.

Article 28 Coercion or deception outside the country to participate in hostile organizations, spy organizations, engage in activities that endanger the national security of the People's Republic of China, and truthfully explain the situation to the People's Republic of China's foreign agencies in a timely manner, or immediately after entering the country or through the unit in time Those who truthfully explain the situation to national security organs and public security organs and who have shown repentance may not be held accountable.

Article 29 If a person knows that someone has committed a espionage crime and refuses to provide it when the state security agency investigates the relevant situation and collects relevant evidence, it shall be punished by the unit or superior authority or the state security agency shall punish him Administrative detention below Japan; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 30 Whoever impedes the execution of a task by a national security organ by law by means of violence or threat shall be investigated for criminal responsibility in accordance with law.

Those who deliberately obstruct the national security organs from performing their tasks according to law and fail to use violence or threats to cause serious consequences shall be investigated for criminal responsibility in accordance with the law; if the circumstances are minor, they shall be subject to administrative detention by the national security organs for less than 15 days.

Article 31: If the state secrets concerning anti-espionage work are leaked, they shall be subject to administrative detention by national security organs for less than 15 days; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Article 32 For those who illegally hold documents, materials and other items that are state secrets, and who illegally hold or use special spy equipment, the national security organ may carry out their personal, items, residence and other relevant places according to law. Search; confiscate documents, materials and other items that are illegally held as state secrets, as well as special spy equipment illegally held and used. The illegal possession of documents, materials and other items that belong to state secrets constitutes a crime, and criminal liability shall be investigated in accordance with the law; if it does not constitute a crime, the state security agency shall give it a warning or impose administrative detention for less than 15 days.

Article 33: Concealing, transferring, selling, or damaging the property seized, seized, or frozen by the national security organs according to law, or hidden, transferred, acquired, sold on behalf of, or concealed or concealed by other means, knowingly the property involved in espionage. Recovered by the national security organs. Constitute a crime, be held criminally responsible.

Article 34 If a foreign person violates this Law, he may leave the country or be expelled from the country within a time limit.

Article 35 If a party refuses to accept a decision on administrative punishment or a decision on administrative coercive measures, it may apply for reconsideration to the decision-making authority within 60 days from the date of receiving the written decision; if it does not accept the reconsideration decision, it may apply for reconsideration. Within 15 days of receiving the reconsideration decision, a lawsuit is filed in the people's court.

Article 36 The state security organs shall properly keep the property that has been sealed up, seized or frozen in accordance with this Law and shall handle it separately in accordance with the following circumstances:

(1) Suspected crimes shall be handled in accordance with the provisions of the Criminal Procedure Law;

(2) if it has not constituted a crime and there are illegal facts, those that should be confiscated according to law shall be confiscated, and those that shall be destroyed according to law shall be destroyed;

(3) If there are no illegal facts, or if it has nothing to do with the case, the seizure, seizure and freezing shall be lifted and the relevant property shall be returned in a timely manner; if the loss is caused, compensation shall be made according to law.

The property confiscated by the state security organs shall all be turned over to the state treasury.

Article 37 Staff members of the state security organs who abuse their powers, neglect their duties, and engage in malpractices for personal gains constitute crimes, or commit illegal acts of detention, torture by torture, violent evidence collection, breach of regulations, state secrets, business secrets, and personal privacy. Yes, criminal responsibility shall be investigated in accordance with the law. [2]

chapter Five

Supplementary clause

Article 38 The acts of espionage referred to in this Law refer to the following acts:

(1) activities carried out by spy organizations and their agents, or directed or financed by others, or carried out by organizations, organizations and individuals at home and abroad in cooperation with them to endanger the national security of the People's Republic of China;

(2) Participating in or accepting the tasks of spy organizations and their agents;

(3) Stealing, spying, buying or illegally providing state secrets or information by spy organizations and other overseas agencies, organizations, or individuals other than their agents, or instigating or funding others, or cooperating with domestic agencies, organizations, or individuals to carry out or steal. , Or instigate, seduce, or buy into a rebellious activity by a state worker;

(4) Instructing the enemy to attack the target;

(5) conducting other espionage activities.

Article 39 National security organs and public security organs shall, in accordance with laws, administrative regulations and relevant state regulations, perform their duties of preventing, suppressing and punishing acts of espionage that endanger national security, and the relevant provisions of this law shall apply.

Article 40 This Law shall enter into force on the date of promulgation. The National Security Law of the People's Republic of China passed at the thirtieth meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993 was repealed simultaneously.

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