Counterespionage Law of the People's Republic of China
Counterespionage Law of the People's Republic of China
Counterespionage Law of the People's Republic of China
Order of the President of the People's Republic of China No. 16
November 1, 2014
The Counterespionage Law of the People's Republic of China which was adopted at the 11th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on November 1, 2014 is hereby promulgated and becomes effective as of the day of promulgation.
Xi Jinping, President of the People's Republic of China
Counterespionage Law of the People's Republic of China
(Adopted at the 11th Session of the Standing Committee of the 12th National People's Congress on November 1, 2014)
Table of Contents
Chapter I General Provisions
Chapter II Authority of National Security Organs in Counterespionage Work
Chapter III Obligations and Rights of Citizens and Organizations
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted according to the Constitution Law in order to prevent, stop and punish the acts of espionage, and safeguard national security.
Article 2 Counterespionage work shall be conducted under the principles of upholding the unified leadership of the central government, combining open work and confidential work, combining specialized work and a reliance on the general public, and giving proactive defense and law-based punishment.
Article 3 National security organs are the authorities in charge of the counterespionage work.
Public security, secrecy administration, and other relevant departments and the relevant departments of the army, according to their respective responsibilities, shall cooperate closely and strengthen coordination with each other to effectively carry out the relevant work under the law.
Article 4 Citizens of the People's Republic of China have the obligation of safeguarding the security, honor and interest of the State, and shall not conduct any act endangering the security, honor or interest of the State.
All state organs, armed forces, political parties, social groups, enterprises and public institutions have the obligation of preventing and stopping acts of espionage and safeguarding national security.
National security organs must rely on the support from the people in their counterespionage and mobilize and organize them to prevent and stop acts of espionage that endanger national security.
Article 5 Counterespionage work shall be legally conducted, during which human rights shall be respected and protected and the lawful rights and interests of citizens and organizations shall also be protected.
Article 6 Where an overseas institution, organization or individual conducts or instigates or funds others to conduct an act of espionage that endangers the national security of the People's Republic of China, or a domestic institution, organization or individual colludes with an overseas institution, organization or individual in conducting such act of espionage, all the parties concerned must be investigated for legal liability.
Article 7 The State protects organizations and individuals that provide support and assistance in counterespionage work, and rewards those who make significant contributions.
Chapter II Authority of National Security Organs in Counterespionage Work
Article 8 In counterespionage work, national security organs shall legally exercise their investigation, detention, interrogation, execution of arrest, and other authorities as specified by the law.
Article 9 When legally performing a task, staff members of national security organs have the authority, after presenting their credentials as legally required, to check the identification of any Chinese citizen or foreign national and gather relevant information from relevant organizations and persons through investigation or inquiry.
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