基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

中华人民共和国国家安全法 STATE SECURITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA

2006-05-17 11:19   我要纠错 | 打印 | 收藏 | | |

(Adopted at the 30th Meeting of the Standing Committee of the Seventh National People's Congress on February 22, 1993, promulgated by Order No. 68 of the President of the People's Republic of China, and effective as of February 22, 1993)
颁布日期:19930222  实施日期:19930222  颁布单位:全国人民代表大会常务委员会

  Contents

  Chapter I General Provisions

  Chapter II Functions and Powers of the State Security Organs in the Work of State Security

  Chapter III Duties and Rights of Citizens and Organizations in Safeguarding State Security

  Chapter IV Legal Liability

  Chapter V Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of China for the purpose of safeguarding State security, protecting the State power of the people's democratic dictatorship and the socialist system, and ensuring the smooth progress of reform, opening-up, and the socialist modernization drive.

  Article 2 The State security organs, as stipulated by this Law, are the competent authorities in charge of the State security.

  The State security organs and the public security organs shall, in accordance with the division of functions and powers as stipulated by the State, attend to their respective duties, and closely cooperate with each other so as to safeguard the State security.

  Article 3 Citizens of the People's Republic of China shall have the duty to safeguard the security, honour and interests of the State, and must not commit any act endangering the security, honour or interests of the State.

  All State organs, armed forces, political parties, public organizations, enterprises and institutions shall have the duty to safeguard the security of the State.

  The State security organs, in the work of State security, must rely on the people's support, and shall mobilize and organize the people to prevent and check any act endangering the security of the State.

  Article 4 Any organization or individual that has committed any act endangering the State security of the People's Republic of China shall be prosecuted according to law.

  “Act endangering the State security” as referred to in this Law means any of the following acts endangering the State security of the People's Republic of China committed by institutions, organizations or individuals outside the territory of the People's Republic of China, or, by other persons under the instigation or financial support of the aforementioned institutions, organizations or individuals, or, by organizations or individuals within the territory in collusion with institutions, organizations or individuals outside the territory:

  (1) plotting to subvert the government, dismember the State or overthrow the socialist system;

  (2) joining an espionage organization or accepting a mission assigned by an espionage organization or by its agent;

  (3) stealing, secretly gathering, buying, or unlawfully providing State secrets;

  (4) instigating, luring or bribing a State functionary to turn traitor; and,

  (5) committing any other act of sabotage endangering the State security.

  Article 5 The State shall protect organizations and individuals that have rendered support or assistance in safe guarding State security, and reward those who have made significant contributions to the maintenance of State security.

  Chapter II Functions and Powers of the State Security Organs in the Work of State Security

  Article 6 The State security organs shall exercise, in the work of State security, the functions and powers of investigation, detention, preliminary inquiry and execution of arrest according to law and other functions and powers as stipulated by the law.

  Article 7 Any functionary of a State security organ, when carrying out according to law a task for the State security and upon producing an appropriate certificate, shall have the right to examine the identification certificate of any Chinese citizen or any person from outside the territory of the People's Republic of China; and shall have the right to investigate or inquire about relevant matters from any organization or individual concerned.

  Article 8 Any functionary of a State security organ may, when carrying out a task for the State security, enter any interested site upon producing an appropriate certificate, and may, in accordance with the relevant provisions of the State, with approval and upon producing an appropriate certificate, enter interested restricted areas, sites or units; and may have access to related files, materials and articles for examination.

  Article 9 Any functionary of a State security organ may, when carrying out an urgent task according to law, have the priority in taking means of public transport upon producing an appropriate certificate, and have the right of way in case of a traffic block.

  As necessitated by the maintence of State security, a State security organ may, when necessary and in accordance with the relevant provisions of the State, have priority in use of any means of transport or communication, site or building belonging to any organ, organization, enterprise, institution or individual, and shall make a timely return after the use and pay an appropriate fee, and, in case of any damage or loss, shall make compensation therefor.

  Article 10 Where the reconnaissance of an act endangering the State security requires, a State security organ may, in accordance with the relevant provisions of the State and after going through strict approval procedures, employ technological reconnaissance means.

  Article 11 Where the State security requires, a State security organ may inspect the electronic communication instruments and appliances and other similar equipment and installations belonging to any organization or individual.

  Article 12 Where the State security requires, a State security organ may, in accordance with the relevant provisions of the State, request such inspecting organs as the Customs and the frontier inspection stations to exempt the personnel, materiats and equipment concerned from inspection. The relevant inspecting organs shall give assistance thereto.

  Article 13 State security organs and their functionaries, in their work of State security, shall act strictly according to law, and refrain from overstepping or abusing their powers and infringing upon the lawful rights and interests of any organization or individual.

  Article 14 The performance of duty according to law by functionaries of the State security organs shall be protected by law.

  Chapter III Duties and Rights of Citizens and Organizations in Safegarding State Security

  Article 15 State organs, organizations and other institutions shall educate their personnel with regard to the maintenance of State security, mobilize and organize them to prevent and check acts endangering State security.

  Article 16 Citizens and organizations shall provide convenience or other assistance for the work of State security.

  Article 17 Any citizen who finds any act endangering State security shall, without delay report it to a State security organ or a public security organ directly or through his unit.

  Article 18 When a State security organ investigates and finds out any circumstances endangering State security and gathers related evidence, citizens and interested organizations shall faithfully furnish it with relevant information and may not refuse to do so.

  Article 19 Any citizen or organization shall keep confidential the State secrets of that he or it knows regarding State security.

  Article 20 No individual or organization may unlawfully hold any document, material or other articles classified as State secrets.

  Article 21 No individual or organization may unlawfully hold or use any specialized espionage equipment or devices such as those for eavesdropping or secretly photographing.

  Article 22 Any citizen or organization shall have the right to report or charge before the State security organ at a higher level or to a relevant department against the excess or abuse of power, or other unlawful acts committed by a State security organ or its functionaries. The State security organ at the higher level or the relevant department shall ascertain the facts without delay and be responsible for the handling thereof.

  No one may suppress or retaliate against any citizen or organization that has assisted a State security organ in its work or made reports or charges according to law.

  Chapter IV Legal Liability

  Article 23 Where the acts endangering the State security committed by institutions, organizations or individuals outside the territory of the People's Republic of China or committed by other persons under their instigation or financial support, or committed by institutions or individuals within the territory of the People's Republic of China in collusion with institutions, organizations or individuals outside the territory constitute crimes, such institutions, organizations or individuals shall be investigated for criminal responsibility according to law.

  Article 24 Anyone who, guilty of a crime of espionage, voluntarily surrenders himself or has peformed meritorious service may be given a lighter or a mitigated punishment or be exempted from punishment; and any such person who has performed significant meritorious service may be awarded.

  Article 25 Anyone who is compelled or induced to join a hostile organization and engaged in activities outside the territory endangering the State security of the People's Republic of China has made a faithful and timely report about the situation to a Chinese organ stationed abroad, or after returning to the country, has made a faithful and timely report about the situation directly or through his unit to a State security organ or a public security organ shall not be prosecutecd.

  Article 26 Whoever, well aware of other persons' criminal acts of espionage, refuses to provide information while a State security organ investigates the circumstances or collects evidence from him shall be punished with administrativesanctions by his unit or the competent department at a higher level, or given a detention of not more than 15 days by the State security organ; in case the circumstances are serious, the offender shall be punished by applying mutatismut and is the provisions oz

  Article 27 Whoever, by means of violence or threat, obstructs a State security organ from carrying out a task for the State security according to law shall be punished in accordance with the provisions of Article 157 of the Criminal Law.

  Whoever intentionally obstructs a State security organ from carrying out a task for the State security according to law without resort to violence or threat but causes serious consequences shall be punished by applying mutatis mutandis the provisions of Article 157 of the Criminal Law; in case the circumstances are not serious, the offender shall be given a detention of not more than 15 days by the State security organ.

  Article 28 Whoever intentionally or negligently divulges State secrets concerning State security shall be given a detention of not more than 15 days by the State security organ; in case the offence constitutes a crime, the offender shall be investigated for criminal responsibility according to law.

  Article 29 A state security organ may search the body, articles, residence and other related places of anyone whom lawfully holds documents, materials or other articles classified as State secrets, or who unlawfully holds or uses equipment and materials specially for espionage purposes, and may confiscate such documents, materials and other articles secrets, as well as such equipment and materials.

  Anyone unlawfully holds documents, materials or other articles classified as State secrets and constitutes the crime of divulging State secrets shall be investigated for criminal responsibility according to law.

  Article 30 If the violators of this Law are from outside the territory of the people's Republic of China, they may be ordered to leave the country within a specified time limit or be deported.

  Article 31 Any party concerned, if not satisfied with the detention decision, may apply for reconsideration within 15 days after receipt of the decision to the organ at the next higher level over the one that has made the decision; and if still not satisfied with the reconsideration decision, the party concerned may bring a suit in a people's court within 15 days after receipt of the reconsideration decision.

  Article 32 Any State security functionary who neglects his duty or engages in malpractices for personal interests, if the offence constitutes a crime, shall be punished in accordance with the provisions of Article 187 or Article 188 of the Criminal Law; Any such person who practises unlawful detention or extorts a confession by torture, if the offence constitutes a crime, shall be punished respectively in accrodance with the provisions of Article 143 or Article 136 of the Criminal Law.

  Chapter V Supplementary Provisions

  Article 33 Any public security organ that carries out a task for the State security according to the provisions of paragraph 2, Article 2 of this Law shall be governed by the relevant provisions of this Law.

  Article 34 This Law shall enter into force as of the date of promulgation.

  Appendix I Relevant Articles in the Criminal Law

  Article 92 Whoever plots to subvert the government or dismember the state shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years.

  Article 93 Whoever in stigages, lures or bribes a state functionary or a member or the armed forces, the people's police or the people's militia to defect to the enemy and turn traitor or to rise in rebellion shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years.

  Article 97 Whoever commits any of the following acts of espionage or aiding the enemy shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment or, if the circumstances are relatively minor, to fixed-term imprisonment of not less than three years and not more than ten years:

  (1) Stealing, secretly gathering or supplying intelligence for the enemy;

  (2) Supplying arms and ammunition or other military materials to the enemy; or

  (3) Joining a secret service or espionage organization or accepting a mission assigned by the enemy.

  Article 136 It shall be strictly forbidden to extort a confession by torture. Any state functionary who extorts a confession by torture shall be sententenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes injury or disability to a person through corporal punishment shall be charged with the crime of injury and given a heavier punishment.

  Article 143 The unlawful detention of another person or the unlawful deprivation of his personal freedom by any other means shall be strictly prohibited. A violator shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or deprivation of political rights. In circumstances where battery or humiliation has occurred, the violator shall be given a heavier punishment.

  Whoever commits the crime mentioned in the peceding paragraph and causes serious bodily injury shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years; if he causes a person's death, he shall be sentenced to fixed-term imprisonment of not less than seven years.

  Article 157 Whoever by means of force or threat obstructs a state functionary from carrying out his functions according to law or refuses to carryout legally effective judgements or orders of people's courts shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, a fine or deprivation of political rights.

  Article 162 Whoever harbours counterrevolutionaries or gives false evidence to protect them shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than three years, and not more than ten years.

  Whoever harbours other criminals or gives false evidence to protect them shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance; if the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

  Conspirators to a crime mentioned in the two preceding paragraphs shall be punished as for a joint crime.

  Article 186 Any state functionary who divulges important state secrets, in violation of state laws and regulations on the protection of secrets, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than seven years, criminal detention or deprivation or political rights.

  If a person who is not a state functionary commits the crime mentioned in the preceding paragraph, he shall be punished in the light of the circumstances and in accordance with the provisions of the preceding paragraph.

  Article 187 Any state functionary who, because of neglect of duty, causes public property or the interests of the state and the people to suffer heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

  Article 188 Any judicial functionary who engages in malpractice for the benefit of his friends and subjects to prosecution a person he clearly knows to be innocent and intentionally protects from prosecution a person he clearly knows to be guilty, or intentionally twists the law, confounding right and wrong, when rendering judgments or orders, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or deprivation of political rights; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years.

  Appendix II Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Divulging State Secrets

  The Third Meeting of the Standing Committee of the Seventh National People's Congress has decided to make supplementary provisions to the Criminal Law: Persons who steal, spy on, buy or illegally provide state secrets for institutions, organizations and people outside the country shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years; if the circumstances are relatively minor, the offender shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or deprivation of political rights; if the circumstances are especially serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or the death penalty and shall be deprived of political rights concurrently.

  Appendix III Relevant Articles in the Law on Guarding State Secrets

  Article 31 Persons who, in violation of the provisions of this Law, divulge state secrets intentionally or through negligence, if the consequences are serious, shall be investigated for criminal responsibility in accordance with the provisions of Article 186 of Criminal Law.

  Persons who, in violation of the provisions of this Law, divulge state secrets, if the consequences are not serious enough for criminal punishment, may be given disciplinary sanction in the light of the specific circumstances of each case.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371