State Security Law of the People's Republic of China
2018-03-16 1352
State Security Law of the People's Republic of China
Order of the President of the People's Republic of China No.29
July 1, 2015
The State Security Law of the People's Republic of China adopted at the 15th Session of the Standing Committee of the 12th National People's Congress on July 1, 2015 is hereby issued for implementation as of the date of the issue.
Xi Jinping, President of the People's Republic of China
State Security Law of the People's Republic of China
(Adopted at the 15th Session of the Standing Committee of the 12th National People's Congress on July 1, 2015)
Table of Contents
Chapter I General Provisions
Chapter II Tasks of Safeguarding State Security
Chapter III Responsibilities for Safeguarding State Security
Chapter IV State Security Regime
Section 1 General Provisions
Section 2 Intelligence Information
Section 3 Risk Prevention, Assessment and Early Warning
Section 4 Examination and Supervision
Section 5 Crisis Management and Control
Chapter V State Security Safeguard
Chapter VI Obligations and Rights of Citizens and Organizations
Chapter VII Supplementary Provision
Chapter I General Provisions
Article 1 The State Security Law of the People's Republic of China (hereinafter referred to as the "Law") is formulated in accordance with the Constitution of the People's Republic of China for the purpose of safeguarding state security, protecting the political power of the people's democratic dictatorship and the socialist system with Chinese characteristics, protecting people's fundamental interests, ensuring the smooth progress of reform and opening-up and the building of socialist modernization, and bringing about the great rejuvenation of the Chinese nation.
Article 2 State security refers to political power of the state, sovereignty, unity and territorial integrity, people's well-being, sustainable development of economy and society, and other significant interests of the state are relatively free from danger and threats within and outside the state, and the country's capacity for safeguarding continued security.
Article 3 State security work shall adhere to overall outlook of state security, take people's security as purpose, political security as root, economical security as basis, and military, cultural and social security as safeguard, and promotion of international security as support, safeguard state security in all fields, build state security system, and take the road of state security with Chinese characteristics.
Article 4 The leadership of the Chinese Communist Party concerning state security work shall be unshakable, and a centralized and unified, efficient and authoritative leadership system of state security shall be established.
Article 5 The central leadership organ of state security shall be responsible for decision-making, coordination and discussions about official business related to state security work, research and formulate, and guide the implementation of the state security strategies and relevant significant guidelines and policies, coordinate major events and important work concerning state security, and promote the legal construction of state security.
Article 6 The state shall formulate and continuously improve state security strategies, assess international and domestic security situation in a comprehensive way, specify the guidelines on state security strategies, long and mid-term goals, state security policy in key areas, work tasks and measures.
Article 7 In safeguarding state security, the Constitution and laws shall be complied with, the principle of socialist rule of law be adhered, human rights be respected and protected, and the rights and freedoms of citizens be protected according to the law.
Article 8 Safeguarding the state security shall be coordinated with economic and social development.
For state security work, internal security and external security, homeland security and national security, traditional security and non-traditional security, security of itself and common security shall be co-ordinated.
Article 9 In the process of safeguarding the state security, it is required to put prevention first and address both symptoms and root causes, to combine specialized work with mass line, to fully exert functions of special organs and other relevant organs to safeguard state security, to broadly mobilize citizens and organizations to prevent, deter and punish acts endangering the state security in accordance with the law.
Article 10 In safeguarding state security, it is required to adhere to mutual trust, mutual benefit, equality and cooperation, to actively carry out exchanges and cooperation with foreign governments and international organizations, to fulfill obligations of international security, so as to promote the common security and safeguard world peace.
Article 11 Citizens of the People's Republic of China, all state organs and armed forces, all political parties and mass organizations, enterprises, institutions and other social organizations shall have duties and obligations to safeguard state security.
China's sovereignty and territorial integrity shall bear no violation or segmentation. To safeguard national sovereignty, unity and territorial integrity is the common obligation of the whole Chinese people including Hong Kong, Macao and Taiwan compatriots.
Article 12 The state will give honors and rewards to individuals and organizations having extraordinary contributions to safeguarding state security.
Article 13 Where, a civil servant abuses his/her power or neglects his/her duties or has sought personal gains in state security work and activities involving state security, his/her legal liability shall be investigated in accordance with the law.
Any individual or organization that, in violation of the Law and relevant laws, fails to fulfill obligation for safeguarding state security and involve in activities that endanger state security, shall be pursued for legal liabilities.
Article 14 April 15 of each year shall be the National Safety Education Day.
Chapter II Tasks of Safeguarding State Security
Article 15 The state shall adhere to the leadership of the Chinese Communist Party, safeguard the socialist system with Chinese characteristics, develop socialist democracy, perfect socialist rule of law, strengthen restriction and supervision mechanisms for exercise of power, and safeguard all rights of people as masters of the country.
The state shall take precautions against, prohibit and punish in accordance with the law any acts of treason, secession, sedition, subversion or instigating subversion of people's democratic dictatorship, take precautions against, prohibit and punish in accordance with the law acts of endangering state security such as stealing, leaking state secrets and other acts, and take precautions against, prohibit and punish in accordance with the law activities of infiltration, damaging, subversion and fragmentation of outside forces.
Article 16 The state shall safeguard and develop fundamental interests of the overwhelming majority of the people, defend people's security, create good conditions for survival and development, stable working and living environment, protect citizen's live and property security and other legitimate rights and interests.
Article 17 The state shall strengthen construction of frontier defense, coast defense and air defense, take all necessary measures on defense as well as management and control, defend territorial land, inland waters, territorial sea and airspace security and safeguard national territorial sovereignty and maritime rights and interests.
Article 18 The state shall strengthen revolutionization, modernization and regularization of armed forces, build the armed forces adapting to state security defense and demands of developing interests, implement military and strategic guidelines of active defense, take precautions against and withstand aggression, restrain armed subversion and fragmentation, cooperate in international military security, carry out safeguard peace work in United Nations and international rescue, convoy on sea, and safeguard military operations for overseas interests of the state, safeguard the sovereignty, security, and territorial integrity of the state, and develop interests and world peace.
Article 19 The state shall safeguard the basic economic system of the state and socialist economic order, perfect systems and mechanisms of preventing and neutralizing economic security risks, safeguard key areas, important industries, major infrastructure and construction projects relevant to lifeline of national economy, and other major security of economic interests.
Article 20 The state shall improve prudent macroscopical management of finance as well as precaution and disposal mechanisms for financial risks, enhance the construction of financial infrastructure and basic ability, take precautions against and neutralize systematic and regional financial risks, take precautions against and defend impacts from external financial risks.
Article 21 The state shall reasonably use and protect resources and energy, manage and control exploitation of strategic resources and energy, increase reserves of strategic resources and energy, improve construction of strategic channel of resources and energy and security safeguard measures, enhance international resources and energy cooperation, improve emergent supply capacity in a comprehensive way, and guarantee the continued, reliable and effective supply of resources and energy required for economic and social development.
Article 22 The state shall improve food security safeguard system, protect and enhance comprehensive grain production capacity, improve grain reserve system, circulation system and market coordination mechanism, improve food security warning system, and protect the food supply, quality and security.
Article 23 The state shall adhere to the socialist direction of heading with regard to advanced culture, inherit and carry forward excellent traditional Chinese nation culture, cultivate and practice socialist core values, prevent and counteract impacts from rotten culture, grasp the initiative in ideological field, enhance the overall strength and competitiveness of the culture.
Article 24 The state shall strengthen the construction of capacity of independent innovation, accelerate developing strategic high-tech and self-controllable technology as well as key and core technologies in key areas, strengthen the application and protection of intellectual property rights, the construction of secrecy capacity for science and technology, and safeguard the security of major technologies and projects.
Article 25 The state shall build network and information security safeguard system, enhance network and information security protection capabilities, strengthen innovative research, development and application of network and information technology, achieve safe and controllable network and core information technology, critical infrastructures and information systems and data in key areas, enhance network management, prevent, deter and punish in accordance with the law cyber attacks and intrusion, network theft, spread of illegal and harmful information and other network criminal acts, to safeguard sovereignty, security and development interests of cyberspace in the state.
Article 26 The state shall adhere to and perfect the system of regional ethnic autonomy, and consolidate and develop socialist ethnic relations characterized by equality, unity, mutual assistance and harmony. The state shall insist on the equality of all ethnic groups, strengthen national contacts, exchanges, and blending, and prevent, deter and punish ethnic separatist activities, safeguard national unification, ethnic unity and social harmony, and achieve the picture that all ethnic groups work together for common prosperity and development.
Article 27 The state shall protect the freedom of religious belief and normal religious activities according to the law, adhere to the principle of relying on themselves respectively, and holding their respective religions on their own, prevent, deter and punish illegal and criminal activities endangering state security in the name of religions, oppose outside forces to interfere in religious affairs inside the state, and safeguard the order of normal religious activities.
The state shall ban cults organizations, prevent, deter and punish in accordance with the law cult illegal and criminal activities.
Article 28 The state shall oppose all forms of terrorism and extremism, strengthen the construction of capacity of prevention and disposal of terrorism, carry out intelligence, investigation, prevention, disposal, financial supervision and other work in accordance with the law, and ban terrorist organizations and severely punish violence terrorist activities.
Article 29 The state shall improve institutional mechanisms to effectively prevent and resolve social conflicts, perfect public security system, actively prevent, reduce and resolve social conflicts, properly dispose public health, social security and other emergencies affecting state security and social stability, promote social harmony, and safeguard public security and social stability.
Article 30 The state shall perfect ecological environment protection institutional system, increase ecological construction and environmental protection efforts, delimit red line of ecological protection, strengthen early warning and control of ecological risks, properly dispose of environmental emergencies, safeguard air, water, soil and other natural environments and conditions that people depend on to survive and develop free from threats and destruction, and promote harmonious development between man and nature.
Article 31 The state shall adhere to use nuclear energy and technology in a peaceful way, strengthen international cooperation, prevent nuclear proliferation, perfect non-proliferation mechanism, strengthen security management, supervision and protection of nuclear facilities, nuclear materials, nuclear activities and nuclear waste disposal, strengthen nuclear accident emergency system and emergency response capacity building, prevent, control and eliminate damages to the life and health of citizens and ecological environment caused by nuclear accidents, and constantly enhance the capacities to effectively respond to and prevent nuclear threats and nuclear attacks.
Article 32 The state shall adhere to the peaceful exploration and use of outer space, international seabed areas and polar areas, enhance security access, scientific exploration, utilization and development capabilities, strengthen international cooperation, safeguard the state activities in outer space, international seabed areas and polar areas, as well as security assets and other interests.
Article 33 The state shall take necessary measures to protect in accordance with the law the security and legitimate rights and interests of overseas Chinese citizens, organizations and institutions, and to protect the interests of the state free from foreign threats and aggression.
Article 34 According to needs of economic and social development and the state development interests, the task of safeguarding state security shall be constantly improved.
Chapter III Responsibilities for Safeguarding State Security
Article 35 The National People's Congress shall make decisions on issues concerning both war and peace, and exercise other powers related to state security stipulated by the Constitution in accordance with the Constitution.
The Standing Committee of the National People's Congress shall decide to declare a state of war, decide on general or partial mobilization, decide that the whole state or particular provinces, autonomous regions and municipalities are under state of emergency, exercise other functions and powers involving state security granted by and National People's Congress and stipulated in the Constitution in accordance with the Constitution.
Article 36 President of the People's Republic of China shall proclaim a state of emergency, proclaim a state of war, issue mobilization orders, exercise other state security functions and powers stipulated by the Constitution in accordance with the Decision of the National People's Congress and the National People's Congress Standing Committee.
Article 37 The State Council shall formulate administrative legislation related to state security, stipulate relevant administrative measures, issue related decisions and orders, implement state security laws, regulations and policies, decide on entering the state of emergency in some areas of provinces, autonomous regions and municipalities directly under the Central Government, exercise other state security functions and rights stipulated by the Constitutional and granted by the Standing Committee in accordance with the Constitution.
Article 38 The Central Military Commission shall lead the armed forces, make military strategies and operational policy decisions of the armed forces, and unified command of military operations to safeguard state security, implement military regulations involving state security, and issue relevant decisions and orders.
Article 39 All departments of the central government organs shall implement state security guidelines and policies, laws and regulations, manage and guide the state security work of the system and the area in accordance with the division of responsibilities.
Article 40 Local people's congresses at all levels and the standing committees of local people's congresses above the county level, shall ensure the compliance with and implementation of state security laws and regulations in their own administrative areas.
Local people's governments at all levels shall manage state security work in their own administrative areas in accordance with the laws and regulations.
Hong Kong Special Administrative Region and Macao Special Administrative Region shall perform the responsibility of safeguarding state security.
Article 41 The people's courts shall exercise judicial power in accordance with the law. The people's procuratorates shall exercise procuratorial power in accordance with the law and punish crimes that endanger state security.
Article 42 The state security organs, public security organs shall collect intelligence information related to state security in accordance with the law, and in state security work, exercise in accordance with the law investigation, detention, pre-trial and arrest and other functions and powers stipulated by the law.
Relevant military authorities shall exercise relevant functions and powers in state security work.
Article 43 The state organs and their staff shall implement the principle of safeguarding state security in performance of their duties.
The state organs and their staff shall, in the state security work and activities involving state security, perform their duties in accordance with the law, not exceed their authorities or abuse their functions and powers, and not infringe upon the legitimate rights and interests of individuals and organizations.
Chapter IV State Security Regime
Section 1 General Provisions
Article 44 The central leadership organ of state security shall implement the state security system and work mechanism characterized by the combination of centralized operation with decentralized operation, efficiency and coordination.
Article 45 The state shall establish coordination mechanisms for key work areas of state security and co-ordinate the relevant central functioning departments to promote related work.
Article 46 The state shall establish the state security mechanism to supervise and inspect, audit responsibilities to ensure to carry out state security strategies and major deployment.
Article 47 All departments and regions shall take effective measures to implement state security strategies.
Article 48 The state shall establish inter-departmental consultation mechanism according to the need of safeguarding state security to consult major issues concerning the work of safeguarding state security and put forward opinions and suggestions.
Article 49 The state shall establish collaborative linkage mechanism between the central government and local governments, between departments, between the military and local departments and between regions concerning the state security.
Article 50 The state shall establish state security decision-making consultation mechanism under which experts and interested parties are organized to carry out analysis and research and judgment on state security so as to promote scientific decision-making of state security issues.
Section 2 Intelligence Information
Article 51 The state shall improve centralized, responsive, accurate and efficient, smoothly operated intelligence information gathering, research and judgment and using system, establish intelligence information coordination mechanism, and achieve timely collection, accurate research and judgment, effective use and sharing of intelligence information.
Article 52 According to division of responsibilities, state security organs, public security organs and relevant military organs shall collect intelligence information involving state security in accordance with the law.
All departments of state organs shall timely report relevant state security information acquired by them to higher office levels in the process of performing functions and obligations.
Article 53 In carrying out intelligence information work, it is required to make full use of modern science and technology methods, and to strengthen the identification, selection, comprehensive analysis, research and judgment analysis.
Article 54 Intelligence information submissions shall be timely, accurate, objective, and may not be late, omissive, concealed or false.
Section 3 Risk Prevention, Assessment and Early Warning
Article 55 The state shall develop and perfect state security risk plans in all areas.
Article 56 The state shall establish state security risk assessment mechanism, and regularly carry out surveys to assess state security risks in all areas.
Relevant departments shall submit reports on state security risks assessment to the central leadership organ of state security regularly.
Article 57 The State shall perfect state security risk monitoring and early warning system, and according to the degree of risk of state security, timely release relevant risk warning.
Article 58 With regard to events endangering state security that may be about to occur or have occurred, local people's governments above the county level and their administrative departments shall report to the people's governments of the next higher level immediately in accordance with the provisions, and make a report by bypassing the immediate authority when necessary.
Section 4 Examination and Supervision
Article 59 The state shall establish systems and mechanisms for national examination and supervision, carry out state security examination on foreign investment, specific items, key technology, network information technology products and services, construction projects related to state security, and other significant matters and events, so as to prevent and neutralize state security risks in an effective way.
Article 60 All departments of the central government organs shall exercise state security examination responsibilities in accordance with the law, make decisions about state security examination in accordance with the law, or put forward with security examination suggestions and supervise the implementation thereof.
Article 61 Provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the state security examination and supervision in accordance with the law within their own administrative areas.
Section 5 Crisis Management and Control
Article 62 The state shall establish state security crisis regulation and control system under unified leadership, and featured with collaborative interaction, orderliness and efficiency.
Article 63 When major events endangering state security occur, relevant central departments and relevant regions in accordance with the unified deployment of the central leadership organs of state security and the law, initiate contingency plans and take regulation and control disposal measures.
Article 64 When particularly major events endangering state security occur, and the state needs to enter a state of emergency, a state of war or carry out the state mobilization, partial mobilization, the National People's Congress, the Standing Committee of the National People's Congress or the State Council shall make decisions in accordance with jurisdiction and procedures stipulated by the Constitution and relevant laws.
Article 65 After the state decides to enter the state of emergency, the state of war, or carries out national defense mobilization, relavant organs performing the responsibilities for control and management of state security crisis shall have rights to take special measures to restrict rights of citizens and organizations, and increase obligations of citizens and organizations.
Article 66 Relevant authorities fulfilling responsibilities for state security control and management shall take management and control measures on state security disposal in accordance with the law, shall adapt to the nature, extent and scope of the harm. Where there are a variety of measures to choose, measures to protection the rights and interests of citizens, organizations to the largest extent shall prevail.
Article 67 The state shall perfect the state security crisis information reporting and release mechanism.
After crisis events concerning state security occur, relevant organs performing responsibilities for control and management of state security shall make accurate and timely reports in accordance with stipulations, and release occurrence, development, disposal of regulations and control, and aftermath conditions as a unity to society.
Article 68 After the threats and damages of state security are controlled and eliminated, measures of management and control disposal shall be removed and efforts shall be made to aftermath settlement.
Chapter V State Security Safeguard
Article 69 The State shall perfect state security safeguard system, and strengthen capacity for safeguarding state security.
Article 70 The State shall perfect state security safeguard legal system, and strengthen legal construction of state security.
Article 71 The state shall increase investment in all constructions concerning state security, and guarantee expenditure and equipment required for state security work.
Article 72 Units responsible for strategic materials storage for state security shall store, keep, maintain, adjust and replace state security materials regularly in accordance with relevant provisions and standards to guarantee the use efficiency and security of the storage materials.
Article 73 Science and technology innovation of state security shall be encouraged, and science and technology functions in the maintenance of state security shall be exerted.
Article 74 The state shall take necessary measures to recruit, train and manage state security expertise and special talents.
In accordance with the requirements for safeguarding state security, the state shall protect the identity and legitimate rights and interests of staff specializing in state security in relevant bodies, to increase efforts to protect personal protection and resettlement.
Article 75 When the state security organs, public security organs, relevant military organs carry out specialized state security work, necessary means and methods shall be adopted in accordance with the law, relevant departments and regions shall provide support and cooperation within their scope of responsibilities.
Article 76 The state shall strengthen newspaper publicity and public opinions guidance on state security, carry out state security publicity and education activities, include the state security education into national education system and civil service education and training system, to strengthen public awareness of state security.
Chapter VI Obligations and Rights of Citizens and Organizations
Article 77 Citizens and organizations shall perform the following duties of safeguarding state security:
1. comply with the Constitution, the relevant provisions of the laws and regulations concerning state security;
2. timely report clues endangering state security activities;
3. truthfully provide known information connected with state security endangering activities;
4. provide convenience or other assistance for state security work;
5. provide necessary support and assistance for state security organs, public security organs and relevant military authorities;
6. keep the known State secrets;
7. other obligations stipulated by laws and administrative regulations.
Any individual or organization shall not have acts of endangering state security, nor shall they provide any subsidies or assistance for individuals or organizations endangering state security.
Article 78 Organs, people's organizations, enterprises, institutions and other social organizations shall carry out education and mobilization for their staff on the maintenance of state security, and organize them to prevent and stop acts that endanger state security.
Article 79 Enterprises and institutions shall cooperate with relevant authorities to take relevant security measures in accordance with the requirements for state security work.
Article 80 Citizens' and organizations' acts of supporting and assisting in state security work shall be protected by the law.
Where due to the supporting of and assistance in state security work, personal security of a person or any of his/her close relatives is in danger, request may be made to the public security organs, the state security organs for protection. The public security organs and the state security organs shall in concert with relevant departments take protective measures in accordance with the law.
Article 81 Where, properties are lost due to the supporting of or assistance in state security work by citizens and organizations, compensations shall be made in accordance with related provisions of the state, where personal injury or death is caused, financial support and preferential treatment shall be granted according to the relevant provisions of the state.
Article 82 Citizens and organizations shall have rights to make criticisms and suggestions on state security to state organs, and shall have rights to put forward complaints and charges against, and exposure of the violation of law and neglect of duty in the state security work of the state organs and their staff.
Article 83 In the state security work, where special measures are required to limit citizens' rights and freedom, such measures shall be carried out in accordance with the law to the extent of maintaining the actual requirements for safeguarding state security.
Chapter VII Supplementary Provision
Article 84 The law shall come into effect as of the date of the promulgation.