Making Sense Of China’s New National Security Law – Analysis

By D. S. Rajan

It may not be wrong to say that China’s adoption of a New National Security Law on July 1, 2015 and a series of other laws in the making symbolize that the political milieu in the country, under the Xi Jinping regime, has become ideology driven.  Stifling dissent seems to have become the order of the day now in China. It is not coincidental that around the Law’s promulgation, at least 146 lawyers, activists and their relatives have been taken into custody or questioned by police in 24 Chinese cities and  provinces (China Human Rights Lawyers Concern Group, Hong Kong, July 14, 2015). The level of rhetoric against Western values and foreign influences over the society appear to have reached a new high. Making of the Law as an instrument to provide a legal framework to the party principles on National Security, is indeed an ideologically significant development.

The “China’s Military Strategy” document   (May 26, 2015) has already listed Taiwan, Tibet and “Eastern Turkestan” independence movements as  sources of internal security challenges; it has brought the US, Japan, “some   offshore   neighbors”, “Smoldering land territory disputes”,  “uncertain situation in the Korean peninsula   and Northeast Asia” under the same category externally.  The latest Law besides encompassing, but without naming, these already listed challenges, has now gone further by including four new fields in that list -sea beds, poles,   outer space, and cyberspace. Such   addition would certainly mean an aggressive China; the Law’s mention of sea beds is suggestive of the PRC’s harder approach in the coming years towards the South China Sea disputes.

Overall, in strategic terms, China can be expected to be more and more assertive domestically to preserve territorial sovereignty and adopt a confrontational stand   internationally in its bid to protect the country from the perceived external challenges. The PRC in the meanwhile may choose a ‘benign’ diplomatic path to solve issues, but that is going  to be only tactical.

The Standing Committee of the 12th National People’s Congress (NPC) of the People’s Republic of China (PRC), at its 15th meeting (Beijing, July 1,2015),   formally adopted a  new  National Security Law  ( hereinafter called the Law) which is broadest  in scope, framing  legal provisions to deal  with  the identified  security threats to the country.  154 delegates voted in favor with none opposing and one abstaining. The Law comprising 84 Articles is successor to the   PRC’s previous national security law, enacted in 1993, which was followed in 2014 by a counterespionage law. Strikingly, it provides for maintaining security in very wide ranging fields – politics, military, economy, food supply, finance, society, technology, environment and culture. It is a firm proof that under Xi Jinping’s leadership, there is a clear-cut expansion of China’s security interests, going well beyond the country’s geographical borders, and reaching to sea beds, poles, outer space, and cyberspace.

2. The Law has seven chapters under following heads- ‘General Provisions’( giving overall  guidelines),  ‘Tasks in Preserving National Security’( defining National Security), ‘Duties of Preserving National Security’ ( fixing  responsibilities of the NPC and government), ‘National Security System ( focusing on its key components like intelligence collection and Crisis Management and Control),  ‘National Security Safeguards’,  ‘Duties and Rights of citizens and organizations’,  and ‘Supplementary positions’. Full text in English of the Law is given below in the Appendix.

3.  The manner in which Beijing is defending the Law needs attention. Ms Zheng Shuna, Deputy Director of the Legislative Affairs Commission of the NPC Standing Committee explained the rationale behind the Law by saying that “China’s national security situation is increasingly grim. We are under dual pressures … Externally, the country must defend its sovereignty, security and development interests, and internally, it must also maintain political security and social stability. She countered criticisms that the Law is ‘vague’ by observing that China’s definition of national security interests “is very clear-cut, and isn’t any broader than those set by other countries, we welcome all enterprises to operate lawfully and provide lawful services in China”. Admitting  (Beijing, July 1, 2015) that the  “connotation and denotation of national security in the Law  is more wide-ranging than in any other time in history”,  she argued  that  Western countries had been enacting similar laws since the 1980s and asserted that  “during the process of resource exploration, expedition and utilization in the fields coming under the Law, the PRC  government has the right to guarantee the safety of its related activities, assets and personnel according to the Law”.

4. Explaining the application of the Law to safeguarding national security in space, on sea beds and at the poles, the senior official of the PRC stated that it is meant to give China “legal support” for its projects in those realms. On Cyberspace, Ms Zheng observed that cyberspace sovereignty is the embodiment and extension of national sovereignty, adding that the Internet is an important aspect of the nation’s infrastructure and Beijing’s sovereignty over it should be “respected and maintained”. She opined that the new law provided a legal foundation for “the management of internet activities on China’s territory and the resisting of activities that undermine China’s cyberspace security”. Stating that the goal of maintaining national security also applied to Hong Kong and Macau, she revealed that the Law would not be enacted there although the two territories have an obligation under the Basic Law to make their own legislation. (C.Y.Leung, the Chief Executive of the Hong Kong Special Administrative Region has said that the new Law will not apply in the region, but the region bears the responsibility to maintain national security).  What the CCP and State-controlled media have said on the Law could also be important to note. The Global Times (July 30,2015)   stated  that “compared with the traditional domain of national security such as defense, competition between major powers and territorial sovereignty, China’s security nowadays covers a wide spectrum of areas. It is s not unusual that China’s measures to secure national security display national characteristics”.

5.  Salient features of the Law are as under:

Party to play key role in law making:   The stipulations respectively in Articles 4, 7 and 15 that the establishment of national security system should be under the leadership of the Chinese Communist Party (CCP), that while preserving national security, the Constitution and law should be followed and that the State persists in the CCP’s leadership, are firm indicators to the  Party- State- Judiciary   equation evolved as per  the ‘’Decision’’ adopted at the CCP Plenum (October 2014) which said that “governance according to law requires that the CCP governs the country   on the basis of the constitution and laws and that the party leadership and socialist rule of law are identical. Party leadership is the most fundamental guarantee for comprehensively advancing the rule of law and building country under socialist rule of law”.  With party remaining firmly connected to judicial process in this way, it can be said that questions on the independence of courts would persist.

Consolidation of Power by Xi Jinping:  Promulgation of the Law implies  that the CCP supremo and the PRC President Xi Jinping, has been able to further consolidate political power since he took over in late 2012; a parallel exists only in the case of veteran Chinese leader Deng Xiaoping.  Evidences in this regard include references in the Law (Articles 5 and 44) to the role of the “Central Leading institution on National Security”, which point to a pivotal place allotted to the Xi- founded National Security Commission (NSC), set up at the CCP’s Third Plenum held in November 2013; the NSC in fact has sidelined the once powerful Political-Legal Affairs Commission of the party. The NSC’s gaining status is in conformity with the party’s formula    that “national security must be under the absolute leadership of the CCP’s efficient and unified command” and that NSC would be responsible for decision-making, deliberation and coordination on national security work” (CCP Politburo meeting, January 23, 2015).

A second reference concerns what the Party and State controlled media (People’s Daily, April 23, 2015) have said; they described the Law as a reflection of “General Secretary Xi Jinping’s spirit”, showing that the new statute is Xi’s brainchild,

Thirdly, the Law needs to be  read together with three other bills  expected to be passed soon – one on regulating foreign non-governmental organizations operating in China ,  another on ‘counter-terrorism’ which reveals  plans to make China’s key institutions in the fields like  finance, military and  state-owned enterprises to become less dependent on foreign technology and  the third , a new  foreign investment law which aims to monitor the investment of  foreigners in  restricted industries. All the three legislative efforts point to more powers to the country’s security apparatus which is now in Xi’s hands.

Why Xi required a new Security Law?  Admittedly the existing ones are themselves adequate to protect national security, but what Xi intended to do has been to provide a firmer legal framework for the CCP’s ideological platform aimed at managing problems in the society, especially arising from the influence of Western ideas, at a time when the people seem to be losing their enthusiasm in the party’s ideology. It is remarkable that Xi, in this way, seems to have succeeded in making ideology a part of the country’s legal domain. Overall,  not to be missed is the definite trend the three above mentioned laws signify – Xi Jinping’s stand that ideological security is a prerequisite to the implementation of the country’s   reform policies, is being incorporated into law.

Who decides Military’s National Security actions? The Law’s Article 23 says that the Central Military Commission (CMC) directs military actions for maintaining national security. It does not say that the State will direct such actions, which is as expected; China has always stood for the dictum that the party has absolute control over the Army. The fact that the membership of the CCP and State Military Commissions is identical makes sure that it would be the party’s CMC which would call the shots in the military.

Reforms Vs Stability:  The Law makes no mention of reforms. Articles 8 and 34, have only said that preservation of national security shall be coordinated with economic and social development and that the State continuously improves the tasks of preserving national security based on the needs of economic and social development and national development interests. ‘Reforms’ not figuring in the Law needs to be understood in the context of What Xi Jinping has said; he  has observed (Politburo meeting, January 23, 2015) that “State security and social stability are preconditions for reform and development”. In China, there has always been a debate on which one is a priority requirement- reform or stability. It is obvious that Xi has settled that debate by firmly giving precedence to national security and stability over reforms on the premise that the security situation in China is “grim” (see paragraph 3).

Coordination mechanisms for National Security efforts: Article 45 provides for the State establishing such mechanisms in key fields, for planning overall coordination of relevant central functional departments.  This appears to be new organizational effort. Full contours are yet to emerge.

Internet and Information Technology security: On this, the outside world may find Article 25 of great interest on which the Law reads “the State establishes a national network and information security safeguard system, raising the capacity to protect network and information security. It will make Internet and information technology, infrastructure, information systems and data in key sectors secure and controllable”.  Such remarks may reflect China’s fears over the domination of the Western technology over Internet in the PRC and intentions to overcome it through developing indigenous systems. Also, the law’s purpose seems to be curbing any social media dissent on the government’s policies.

Hong Kong, Macao and Taiwan:  The Law’s listing (Article 11) of Hong Kong, Macao and Taiwan as national security areas marks first such judicial step; it asserts that “all Chinese people, including those in the three territories, have a common obligation to uphold national sovereignty, unity and territorial integrity.” This strongly signals that for China, Hong Kong has become a national security issue in the aftermath of the pro-democracy demonstrations there.

Powers to Declare War/ Emergency: Article 36 is notable. It says that the PRC President, on the basis of the NPC Standing Committee decision will announce entry into a state of emergency, a state of war, issue mobilization orders, and exercise other duties related to national security provided for by the Constitutional provisions.

Human rights not adequately addressed: The Law is not satisfactory from the point of view of protection of human rights. Article 15 identifies several criminal acts – treason, division of the nation, incitement of rebellion, and subversion of people’s democratic dictatorship regime, the leaking of state secrets, infiltration, destruction and subversion or separatism by foreign influences. Article 23 calls for unspecified measures to “prevent and withstand adverse cultural influence” and “increase overall cultural strength and competitiveness.” Article 27 talks about lawfully punishing the exploitation of religion’s name to conduct illegal and criminal activities that endanger national security. It opposes interference of foreign influences in domestic religious affairs. Tibetans in exile fear that Article 27 can be used against the Dalai Lama followers in Tibet. Article 77 allows for law enforcement agencies to impose collective punishments to the whole family for failure to provide conditions to facilitate national security initiatives and “keeping state secrets they learned are confidential” and provides jurisdictional claim to make arbitrary arrests and detention. Article 83 mentions that in national security work, when special measures are required that restrict the rights and freedoms of citizens, they shall be conducted in accordance with law. It may be seen that all these clauses contain no clear cut details on punishment. It may be possible that rules relating to implementation of the Law are issued subsequently by the government agencies as customary in China. But, as for now, the position is that any action or statement can be treated as a criminal act, which may not be ideal from human rights points of view.  .

Negative impact on foreign investment in China.  Article 59 of the Law calls for national security reviews for “foreign investments that infringe upon, or may infringe upon, national security.” It adds that such reviews cover investments involving “key materials and technologies,” “internet or information technology products and services,” “construction projects that implicate national security,” and “other major projects and events.” This clause looks meant for providing a legal basis to the PRC government’s imposition of stronger restrictions on foreign business interests. Foreign countries including the US, which are negotiating trade and investment agreements with China may under the circumstances become concerned with the Law.  Michael Clauss, the German ambassador to China has said that “the mainland’s sweeping national security law and a series of related laws in the making have created legal uncertainty for foreign companies and new hurdles for their investment”. The question is why China is hurting itself when it knows that foreign investment is essential for its development. The answer seems to lie in its priority now to national security.

6. It  may not be wrong to say that China’s adoption of a New National Security Law on July 1, 2015, and a series of other laws in the making symbolize that the  political milieu in the country, under the Xi Jinping regime, has become ideology driven.  Stifling dissent seems to have become a prominent trend now in China. It is not coincidental that around the Law’s promulgation, at least 146 lawyers, activists and their relatives have been taken into custody or questioned by police in 24 Chinese cities and provinces (China Human Rights Lawyers Concern Group, Hong Kong, and July 14, 2015).  The rhetoric against Western values and foreign influences over China appear to have reached a new high.  Making of the Law as an instrument to provide a legal framework to the party principles on  National Security, is indeed an ideologically significant development.

7.  The “China’s Military Strategy” document (May 26, 2015)  has already listed Taiwan,  Tibet and “Eastern Turkestan” independence movements as  sources of internal security challenges; it has brought the US, Japan, “some offshore  neighbors”, “Smoldering land territory disputes”, “uncertain situation in the Korean Peninsula   and Northeast Asia” under the same category externally.  The latest Law besides  encompassing, but without naming,  these already listed challenges,  has now gone further by including four new fields in that list -sea beds, poles, outer space, and cyberspace. Such addition would certainly mean an aggressive China; In particular, the Law’s mention of sea beds is suggestive of the PRC’s harder approach in the coming years to the South China Sea disputes.

8. Overall, in strategic terms, China can be expected to be more and more assertive   domestically to preserve territorial sovereignty and adopt a confrontational stand internationally in its bid to protect the country from the perceived external challenges. The PRC in the meanwhile may choose a ‘benign’ diplomatic path to solve issues, but that is going to be only tactical.

(The writer, D.S.Rajan, is Distinguished Fellow, Chennai Centre for China Studies, Chennai, India. Email: [email protected])       

Appendix

http://chinalawtranslate.com/2015nsl/?lang=en National Security Law of the People’s Republic of China 02 (Passed on July 1, 2015 at the 15th meeting of the Standing Committee of the 12th National People’s Congress)

Chapter I: General Provisions

Chapter II: Tasks in preserving national security

Chapter III: Duties of preserving national security

Chapter IV: National Security System

Section 1: Ordinary Provisions

Section 2: Intelligence Information

Section 3: Risk Prevention, Assessment and Warning

Section 4: Review and Oversight

Section 5: Crisis Management and Control

Chapter V: National Security Safeguards

Chapter VI: Duties and Rights of Citizens and Organizations

Chapter VII: Supplementary Provisions

Chapter I: General Provisions

Article 1: This Law is formulated on the basis of the Constitution so as to maintain national security, to defend the people’s democratic dictatorship and the socialist system with Chinese characteristics, to defend the fundamental interests of the people, to ensure the smooth implementation of the reform and opening up and establishment of socialist modernization and to realize the great revival of the Chinese nationality.

Article 2: National security refers to the relative absence of international or domestic threats to the state’s power to govern, sovereignty, unity and territorial integrity, the welfare of the people, sustainable economic and social development, and other major national interests, and the ability to ensure a continued state of security.

Article 3: National security efforts shall adhere to a comprehensive understanding of national security, make the security of the People their goal, political security their basis and economic security their foundation; make military, cultural and social security their safeguard and advance international security to protect national security in all areas, build a national security system and follow a path of national security with Chinese characteristics.

Article 4: Adhere to the leadership of the Chinese Communist Party in national security matters and establish a centralized, efficient and authoritative national security leadership system.

Article 5: A central national security leading institution is responsible for deciding and coordinating national security efforts, for conducting research to develop and guide the implementation of strategies and relevant major policies in national security efforts for coordinating major issues and important efforts in national security, and for promoting the building of national security rule of law.

Article 6: The state formulates and continuously improves national security strategy, comprehensively assesses the international and domestic national security situation, clarifies guidelines for the national security, medium and long-term goals and national security policies, tasks and measures for key areas.

Article 7: Preserving national security shall follow the Constitution and law, uphold the principles of socialist rule of law, respect and protect human rights, and protect citizens’ rights and freedom in accordance with law.

Article 8: Preservation of national security shall be coordinated with economic and social development.

National security efforts shall have an overall plan for internal and external security, homeland and populace security, traditional and non-traditional security, and personal and collective security,

Article 9: Preservation of national security shall persist in putting prevention first and treating both symptoms and root causes, combining special efforts and the mass line, fully bringing into play special organs’ and other relevant departments’ functions in maintaining national security, widely mobilizing citizens and organizations to guard against and punish conduct endangering national security.

Article 10: The preservation of national security shall persist in mutual trust, mutual benefit, equality and coordination; actively developing security exchanges and cooperation with foreign governments and international organizations, performing international security obligations, promoting common security and maintaining world peace.

Article 11: Citizens of the People’s Republic of China, all state organs and armed forces, each political parties and mass organization, enterprises, public institutions and other social organizations, all have the responsibility and obligation to preserve national security.

The sovereignty and territorial integrity of China cannot be encroached upon or divided. Preservation of national sovereignty and territorial integrity is a shared obligation of all the Chinese people, including compatriots from Hong Kong, Macao and Taiwan.

Article 12: Individuals and organizations making outstanding contributions in efforts to maintain the national security are give commendations and awards.

Article 13: Any individual or organization violating this law and other relevant laws, by failing to perform national security obligations or engaging in activities endangering national security, shall be investigated for legal responsibility according to law.

Article 14: April 15 of each year is national security education day.

Chapter II: Tasks in preserving national security

Article 15: The State persists in the leadership of the Chinese Communist Party, maintaining the socialist system with Chinese characteristics, developing socialist democratic politics, completing socialist rule of law, strengthening mechanisms for restraint and oversight of the operation of power, and ensuring all rights of the people as the masters of the nation, and strengthening restraint and oversight mechanisms on the operation of power.

The State guards against, stops, and lawfully punishes acts of treason, division of the nation, incitement of rebellion, subversion or instigation of subversion of the people’s democratic dictatorship regime; guards against, stops, and lawfully punishes the theft or leaking of state secrets and other conduct endangering national security; and guards against, stops, and lawfully punishes acts of infiltration, destruction, subversion or separatism by foreign influences.

Article 16: The state maintains and develops the most extensive fundamental interests of the people , defending the people’s security; creating positive conditions for survival and development and a positive environment for living and working; ensuring the safety of citizens’ person and property and other lawful rights and interests.

Article 17: The State increases the construction of border defense, coastal defense, and air defense, taking all necessary defense and control measures to defend the security of continental territory, internal water bodies, territorial waters and airspace, and to maintain national territorial sovereignty and maritime rights and interests.

Article 18: The State makes the armed forces more revolutionary, contemporary, regular; establishing and defending national security and developing the necessary related armed forces; implements an active military defense strategy directives, taking precautions against and withstanding invasion, stopping armed subversion and separatism; develops international military security cooperation, carrying out military actions in U.N. peacekeeping, international rescue, maritime escort, and protection of the State’s oversees interests, and preserves State sovereignty, security, territorial integrity, development interests, and world peace.

Article 19: The State maintains the basic economic system and order of the socialist marketplace, completing institutional mechanisms for prevention and resolution of risks to economic security, safeguarding security in important industries and fields that influence the populace’s economic livelihood, key production, major infrastructure and major construction project as well as other major economic interests.

Article 20: The State completes macro financial management and financial risk prevention and handling mechanisms, enhancing the construction of financial infrastructure and fundamental capacity, preventing and resolving the occurrence of systemic or regionalized financial risks, and preventing and resisting encroachment of external financial risks.

Article 21: The State rationally exploits and protects resources and energy sources, effectively managing and controlling the exploitation of strategic resources and energy sources, strengthening strategic reserves of resources and energy sources, improving the establishment of strategic paths of, or transport of, resources and energy sources and security protection measures, increasing international cooperation on resources and energy sources, comprehensively raising safeguard capacity for response, and guaranteeing the sustainable, reliable and effective provision of resources and energy sources necessary for economic and social development.

Article 22: The State completes a food security safeguard system, protecting and improving the overall food production capacity, improving the system for food reserves, the transport system, and market regulatory mechanisms; completing early warning systems for food security, ensuring security food supplies and quality.

Article 23: The State Persists in the orientation of the advanced socialist culture, carrying forward the excellent traditional culture of the Chinese people, cultivating and practicing the socialist core values, guarding against and resisting negative cultural influences, taking hold of dominance in the ideological, culture and enhancing the overall strength and competitiveness of the entire culture.

Article 24: The State strengthens the establishment of capacity for independent innovation, accelerating the development of autonomously controlled strategic advanced technologies and key technologies in core fields, strengthen the use of intellectual property rights, protect capacity building in protection of technological secrets, and ensure security in technology and engineering.

Article 25: The State establishes a national network and information security safeguard system, raising the capacity to protect network and information security; increasing innovative research, development and use of network and information technologies; to bring about security core techniques and key infrastructure for networks and information, information systems in important fields, as well as data; increasing network management, preventing, stopping and lawfully punishing unlawful and criminal activity on networks such as network attacks, network intrusion, cyber theft, and dissemination of unlawful and harmful information; maintaining cyberspace sovereignty, security and development interests.

Article 26: The State adheres to and improves upon the ethnic autonomous region system, solidifying and developing unity and mutual aid, harmonious socialist ethnic relationships. Uphold the equality of all ethnicities, strengthening interaction, communication, and mingling of ethnicities, and prevent, stop, prevent and lawfully punish activities dividing ethnicities, preserving social tranquility and the unity of the motherland in ethnic regions, realizing ethnic harmony and a common unified struggle and a common prosperous development of all ethnicities.

Article 27: The State lawfully protects citizens’ freedom of religious belief and normal religious activities, upholds the principle of religions managing themselves, preventing, stopping and lawfully punishing the exploitation of religion’s name to conduct illegal and criminal activities that endanger national security, and opposes foreign influences interference with domestic religious affairs, maintaining normal order of religious activities.

The State shuts down cult organizations in accordance with law, preventing, stopping, lawfully punishing and correcting illegal and criminal cult activities.

Article 28: The State opposes all forms of terrorism and extremism, and increases the capacity to prevent and handle of terrorist activities, developing efforts in areas such as intelligence, investigation, prevention, handling and capital monitoring in accordance with law, lawfully putting an end to terrorist organizations and strictly punishing violent terrorist activities.

Article 29: The State completes effective institutional mechanisms for prevention and resolution of social conflicts, completes the public safety system; actively preventing, reducing and resolving social contradictions; improve the handling of public health, public safety and other types of outbreaks that influence national security and social stability; promoting social harmony and maintaining public safety and societal tranquility.

Article 30: The State improves ecological and environmental protection systems, increasing the force of ecological establishment and environmental protection, drawing red lines for ecologic protections, fortifying early warning and prevention mechanisms for ecologic risks, improving disposition of prominent environmental incidents, ensuring the air, water, soil and other natural environmental conditions upon which the people rely are not threatened or destroyed, promoting harmonious development of man and nature.

Article 31: The State persists in peacefully using nuclear power and nuclear technology, strengthening international cooperation, preventing the proliferation of nuclear technology and improving diffusion mechanisms; strengthening management, oversight and protection of nuclear materials, nuclear activities, and disposal of nuclear waste; and increasing the capacity to respond to nuclear incidents; preventing controlling and eliminating threats by nuclear incidents to citizens’ lives and well-being and to the ecological environment; continuously increasing capacity to effectively respond to and prevent nuclear threats and attacks.

Article 32: The State persists in the peaceful exploration and use of outer space, international seabed areas and Polar Regions, increasing capacity for safe passage, scientific investigation, development and exploitation; strengthening international cooperation, and preserving the security of our nation’s activities and assets in outer space, seabed areas and Polar Regions, and other interests.

Article 33: The State takes necessary measures in accordance with law to protect the security and legitimate rights and interests of overseas Chinese citizens, organizations and institutions; and ensures the nation’s overseas interests are not threatened or encroached upon.

Article 34: The State continuously improves the tasks of preserving national security based on the needs of economic and social development and national development interests.

Chapter III: Duties of preserving national security

Article 35: The National People’s Congress decides issues of war and peace in accordance with Constitutional provisions, and implements constitutional provisions’ other duties relating to national security.

The Standing Committee of the National of the National People’s Congress declares states of war and full or partial mobilizations, in accordance with constitutional provisions, and decisions for the nation or individual provinces, autonomous regions, or directly governed municipalities to enter a state of emergency; and exercises the other powers involving national security invested by constitutional provisions and the National People’s Congress.

Article 36: The President of the People’s Republic of China, on the basis of the National People’s Congress decision and the decision of the Standing Committee of the National of the National People’s Congress, announces entry into a state of emergency, announces a state of war, issues mobilization orders, and exercises other duties related to national security provided for by the Constitutional provisions.

Article 37: The State Council, on the basis of the Constitution and laws, drafts administrative regulations and rules related to national security, providing for relevant administrative measures, release relevant decisions and orders; implements national security laws, regulations and policies; follows the law to decide on some regions at the provincial, autonomous region, or directly governed municipality scale entering a state of emergency; exercises other powers given by the Constitution, laws, regulations and the National People’s Congress and it’s Standing Committee.

Article 38: The central military commission leads the national armed forces, decides military strategy and armed forces combat objectives, uniformly directs military actions for maintaining national security, and drafts military regulations for national security and releases relevant decisions and orders.

Article 39: All departments of central state organs divide labor in accordance with their duties, fully implementing national security directives and policies, and laws and regulations, managing and guiding national security efforts in that system or field.

Article 40: All levels of local people’s congress and standing committees of people’s congresses at the county level or above ensure compliance with and enforcement of national security laws and regulations within that administrative region.

Local people’s governments at all levels follow laws and regulations to manage national security efforts in that administrative region.

The Hong Kong Special Administrative Region, and Macao Special Administrative Region shall fulfill responsibilities for the preservation of national security.

Article 41: People’s courts follow legal provisions to exercise the power of adjudication; people’s procuratorates follow legal provisions to exercise prosecution powers, and punish crimes endangering national security.

Article 42: State security organs and public security organs lawfully collect intelligence information related to national security, and perform their duties in accordance with law to investigate, detain, do pretrial work and conduct arrests as well as other duties provided by law.

Relevant military organs lawfully perform their duties in accordance with law in the course of national security efforts.

Article 43: State organs and their employees shall implement the principle of preserving national security.

State organs and their personnel shall strictly handle matters in accordance with law when working on national security efforts and activities related to national security, and must exceed or abuse their authority, and must not infringe the lawful rights and interests of individuals or organizations.

Chapter IV: National Security System

Section 1: Ordinary Provisions

Article 44: The Central leading institution on national security carries out a national security system and working mechanisms that combine centralization and decentralization with highly effective coordination.

Article 45: The State establishes coordination mechanisms for national security efforts in key fields, planning overall coordination of relevant central functional department’s advancement of relevant work.

Article 46: The State establishes mechanisms for oversight, urging, inspections and pursuit of responsibility in national security efforts, ensuring the national security strategy and major deployments are fully implemented.

Article 47: All departments and all regions shall employ effective measures to fully implement the national security strategy.

Article 48: On the basis of national security work requirements, the state establishes mechanisms for cross-departmental consultation, to hold consultation on major matters in efforts to maintain national security.

Article 49: The State establishes coordination and linkage mechanisms on national security between the center and localities, between departments, between military and civilians and between regions.

Article 50: The State establishes mechanisms for national security decision making consultation, organizing experts and relevant parties to carry out national security analysis of the national security situation and advance the scientific decision making in national security.

Section 2: Intelligence Information

Article 51: The State establishes systems for gathering, assessing and using intelligence information, that is uniform and centralized, adeptly reactive, accurate and effective and smoothly operational; and establishes mechanisms for the prompt collection, accurate assessment and effective use and sharing of intelligence information

Article 52: State security organs, public security organs and relevant military organs gather intelligence information related to national security, dividing labor on the basis of their duties and in accordance with law.

State organ departments shall promptly report up information relevant to national security that they acquire in the course of performing their duties.

Article 53: The conduct of intelligence information efforts shall fully utilize contemporary scientific and technical techniques, strengthening the distinction, screening, synthesis and analytic assessment of intelligence information.

Article 54: Reporting of intelligence information shall be prompt, accurate, and objective, and there must be no delays reporting, omissions, concealment or falsehoods in reporting.

Section 3: Risk Prevention, Assessment and Warning

Article 55: The State formulates and improves a national security risk response plan for each field.

Article 56: The State establishes national security risk assessment mechanisms periodically carrying out national security risk assessment in each field.

Relevant departments shall periodically submit national security risk assessment reports to the central leading institution on national security

Article 57: The state completes national security risk monitoring and early warning systems, and in accordance with the degree of national security risk, promptly release related risk warnings.

Article 58: Local people’s governments at the county level or above and their relevant competent departments shall immediately report to the people’s government at the level above and it’s competent departments regarding national security incidents that might soon occur or have already occurred, and when necessary may report up several levels.

Section 4: Review and Oversight

Article 59: The State establishes national security review and oversight management systems and mechanisms, conducting national security review of foreign commercial investment, special items and technologies, internet information technology products and services, projects involving national security matters, as well as other major matters and activities, that impact or might impact national security.

Article 60: Each department of central state organs carries out the duty of national security reviews, issues national security review opinions, and supervises enforcement in accordance with law and administrative regulations.

Article 61: Provinces, autonomous regions, and directly governed municipalities are responsible for national security review and regulation in their administrative region in accordance with law.

Section 5: Crisis Management and Control

Article 62: This  establishes a national security crisis management and control system with uniform leadership, coordinated linkages, that is orderly and highly effective.

Article 63: Where an especially major incident endangering national security occurs, relevant central departments and regions follow the uniform deployment of the Central leading institution on national security, lawfully initiate emergency response plans, and employ control and management disposition measures.

Article 64: Where an especially major incident endangering national security occurs requiring entry into a state of emergency, state of war or general mobilization or partial mobilization, the National People’s Congress and the Standing Committee of the National People’s Congress or the State Council follow the scope of authority and procedural decisions in the Constitution and relevant legal provisions.

Article 65: After the State decides to enter a state of emergency, state of war or to mobilize national defense, relevant organs performing national security crisis management and control follow legal provisions or provisions of the Standing Committee of the National People’s Congress in accordance with law, and have the right to employ special measures limiting citizens and organizations rights, increase citizens and organizations obligations.

Article 66: Relevant organs performing national security crisis management and control duties that lawfully adopt management and control measures to address national security crises, shall match them to the nature, extent and scope of the harm that might be caused by the national security crisis.

Article 67: The State establishes mechanisms for information reporting and release on national security crises.

After national security crises occur, relevant organs performing national security crisis management and control duties shall follow provisions to promptly and accurately report, and make uniform announcements on the occurrence, development, control and management and aftermath of the national security crisis.

Article 68: After national security threats and crises have been controlled or eliminated, control and management measures shall be promptly lifted and aftermath efforts done well.

Chapter V: National Security Safeguards

Article 69: The State completes a system of national security safeguards, increasing capacity to preserve national security.

Article 70: The State completes the system of laws on national security, promoting the establishment of national security rule of law.

Article 71: The State increases investment in all matters of national security construction to ensure that national security efforts have the necessary funds and equipment.

Article 72: Units undertaking national security strategic stockpile tasks shall follow the relevant national provisions and standards to stockpile, protect and maintain national security reserves, and periodically adjust and change them to guarantee the effectiveness and security of the stockpile reserves.

Article 73: Technological innovation is encouraged in the national security field, bringing into play the role of technology in maintaining national security.

Article 74: The State employs necessary measures to recruit, cultivate and manage professional talent and special talent in national security efforts.

As needed by efforts to maintain national security, the State lawfully protects the identity and lawful rights and interests of personnel at state organs specially engaged in national security efforts, increasing the extent of physical protections and placement safeguards.

Article 75: State security organs, public security organs and relevant military organs carrying out special national security efforts may lawfully employ necessary means and methods, and relevant departments and regions shall provide support and cooperation within the scope of their duties.

Article 76: The state strengthens new publicity and guidance of popular opinion on national security, developing national security publicity and educational activities through multiple forms; and including national security education in the citizens’ education system and public officials’ education training systems, strengthening the awareness of the entire populace.

Chapter VI: Duties and Rights of Citizens and Organizations

Article 77: Citizens and organizations shall perform the following obligations to preserve national security:

(1) Obeying the relevant provisions of the Constitution, laws, and regulations regarding national security.

(2) Promptly reporting leads on activities endangering national security;

(3) Truthfully providing evidence they become aware of related to activities endangering national security.

(4) Providing conditions to facilitate national security efforts and other assistance;

(5) Providing public security organs, state security organs or relevant military organs with necessary support and assistance;

(6) Keeping state secrets they learn of confidential;

(7) Other duties provided by law or administrative regulations.

Individuals and organizations must not act to endanger national security, and must not provide any kind of support or assistance to individuals or organizations endangering national security.

Article 78: State organs, mass organizations, enterprises, public institutions, and other social organizations shall cooperate with relevant departments in employing relevant security measures as required by national security efforts. shall educate their units’ personnel on the maintaining national security , and mobilize and organize them to prevent conduct endangering national security.

Article 79: Enterprise and public institution organizations shall cooperate with relevant departments in employing relevant security measures as required by national security efforts.

Article 80: Citizens and organizations conduct supporting or assisting national security efforts is protected by law.

Where due to supporting or assisting national security efforts, a person or his close relatives face a threat to their physical safety,  they may request protection from the public security organs and state security organs. Public security organs and state security organs shall employ protective measures together with relevant departments.

Article 81: Where citizens and organizations suffer asset losses caused because they supported or assisted national security work follow the relevant national provisions to obtain compensation; where physical injury or death was caused, follow relevant national provisions to give bereavement benefits.

Article 82: Citizen’s and organizations have the right to raise criticisms and recommendations to state organs regarding national security efforts, and have the right to file complaint appeals, accusations or reports regarding unlawful activity of state organs and their personnel.

Article 83: In national security work, when special measures are required that restrict the rights and freedoms of citizens, they shall be conducted in accordance with law, and limited by the actual needs to of safeguarding national security.

Chapter VII: Supplementary Provisions

Article 84: This law takes effect on the date of promulgation.


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SAAG

SAAG

SAAG is the South Asia Analysis Group, a non-profit, non-commercial think tank. The objective of SAAG is to advance strategic analysis and contribute to the expansion of knowledge of Indian and International security and promote public understanding.

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