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Counterespionage law should be reported to which agency in a timely manner
Basic knowledge
1. What is espionage
According to Article 38 of the "Counterespionage Law", espionage refers to the following behaviors:
(1) Espionage organizations and their agents carry out, instigate, and fund others to carry out, or domestic and foreign institutions, organizations, and individuals collude with them to carry out activities that endanger the national security of the People's Republic of China;
(2) Joining a spy organization or accepting tasks from a spy organization and its agents;
(3) Other overseas institutions, organizations, and individuals other than espionage organizations and their agents Carrying out, instructing, and financing others to carry out, or domestic institutions, organizations, and individuals colluding with, stealing, spying, bribing, or illegally providing state secrets or intelligence, or instigating, seduce, or bribing state personnel to rebel;
(4) Instructing the enemy to attack targets;
(5) Carrying out other espionage activities.
2. What are espionage organizations and agents of espionage organizations
(1) Espionage organizations refer to organizations established by foreign governments or regional political groups to incite rebellion against our public officials and people. , commercial organizations, etc., organizations that infiltrate, steal, spy, bribe, illegally provide state secrets and intelligence to our country's national institutions and various organizations, and carry out subversive and sabotage activities. Such as the U.S. Central Intelligence Agency (CIA), the British MI6, the Russian Federal Security Service (FSB), the Israeli Mossad, the Japanese Defense Agency Intelligence Headquarters, the Korean National Intelligence Service (KCIA), Taiwan's "National Defense Agency" Ministry of Military Intelligence", Taiwan's "National Security Bureau" and so on.
(2) An agent of an espionage organization refers to a person who is instructed, entrusted, or funded by an espionage organization or its members to conduct, instruct, or instruct others to conduct activities that endanger my country's national security.
3. What is accepting the mission of a spy organization and its agents
Accepting the mission of a spy organization and its agents means that the actor accepts the orders and orders of the spy organization and its agents. Dispatch, instruct, and entrust to serve espionage organizations and carry out activities that endanger our national security.
Rights and Obligations
1. What rights do citizens and organizations enjoy in counterintelligence work?
The "Counterespionage Law" stipulates that citizens and organizations must Enjoy the following rights at work:
(1) If the personal safety of yourself or your close relatives is in danger due to assisting in counter-espionage work, you may request protection from the national security agency.
(2) National security agencies will reward individuals who have made significant contributions to assisting counterintelligence work in accordance with the law.
(3) Any individual or organization has the right to report or accuse national security agencies and their staff for exceeding their powers, abusing their powers, and other illegal behaviors to higher-level national security agencies or relevant departments. The national security agency or relevant department that accepts reports or accusations shall promptly ascertain the facts, be responsible for handling the case, and promptly notify the reporter or accuser of the handling results.
No individual or organization may suppress or retaliate against individuals and organizations that assist national security agencies in their work or report or accuse them in accordance with the law.
2. What obligations should citizens and organizations bear in counterintelligence work
According to the "Counterespionage Law", citizens and organizations should bear the following obligations in counterintelligence work:< /p>
(1) Agencies, groups and other organizations should educate their own personnel on safeguarding national security, mobilize and organize their own personnel to prevent and suppress espionage.
(2) Citizens and organizations should provide convenience or other assistance for counterintelligence work.
(3) When citizens and organizations discover espionage, they should report it to the national security agency in a timely manner; if they report it to the public security agency and other state agencies and organizations, the relevant state agencies and organizations should immediately transfer it to the national security agency for processing.
(4) When national security agencies investigate espionage-related situations and collect relevant evidence, relevant organizations and individuals should provide truthful information and shall not refuse.
(5) All citizens and organizations should keep state secrets they know about counterintelligence work.
(6) No individual or organization may illegally possess documents, materials and other items that are state secrets.
(7) No individual or organization may illegally possess or use special spy equipment specially required for espionage activities. Special spy equipment shall be confirmed by the national security department of the State Council in accordance with relevant national regulations.
Legal Responsibility
1. According to regulations, which acts will be held criminally responsible
(1) Overseas institutions, organizations, individuals carry out or instigate, Funding others to carry out espionage, or domestic institutions, organizations, and individuals colluding with overseas institutions, organizations, and individuals to carry out espionage acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the law.
(2) If a person knowingly knows that another person has committed a crime of espionage and refuses to provide it when the national security agency investigates the relevant situation and collects relevant evidence from him, he shall constitute a crime and shall be held criminally responsible in accordance with the law.
(3) Anyone who uses violence or threats to obstruct national security organs from performing their tasks in accordance with the law shall be investigated for criminal responsibility in accordance with the law.
Anyone who intentionally obstructs national security organs from performing their tasks in accordance with the law without using violence or threats, causing serious consequences, shall be held criminally responsible in accordance with the law.
(4) Anyone who leaks state secrets related to counter-espionage work and constitutes a crime shall be held criminally responsible in accordance with the law.
(5) If the illegal possession of documents, materials and other items belonging to state secrets constitutes a crime, criminal responsibility shall be pursued in accordance with the law.
(6) Hiding, transferring, selling off, or destroying property that has been seized, seized, or frozen by national security agencies in accordance with the law, or harboring, transferring, purchasing, selling on behalf of property, or otherwise knowingly knowing that it is property involved in espionage activities. If the method is used to cover up or conceal the crime, it shall be recovered by the national security organs. If a crime is constituted, criminal liability shall be pursued in accordance with the law.
2. According to regulations, which behaviors will be punished by administrative detention
(1) Knowing that others have committed espionage crimes, when the national security agency investigates the relevant situation and collects relevant evidence from them , who refuses to provide will be punished by the unit where he or she belongs or the superior department, or the national security agency may subject him to administrative detention for not more than 15 days.
(2) Anyone who intentionally obstructs the national security organs from performing their tasks in accordance with the law without using violence or threats, and the circumstances are relatively minor, shall be subject to administrative detention by the national security organs for a period of not more than 15 days.
(3) Anyone who leaks state secrets related to counterintelligence work shall be subject to administrative detention by the national security agency for a period of not more than 15 days.
(4) If the illegal possession of documents, materials and other items belonging to state secrets does not constitute a crime, the national security agency shall give a warning or impose an administrative detention of not more than 15 days.
Prevention and Strikes
Why college students are easily favored by overseas spies
On the one hand, college students are exposed to economic, technology, materials and other fields in colleges and universities. The information or the topics or projects in which they participated have intelligence value to overseas spies. On the other hand, college students do not have strong awareness of safety precautions and lack of social experience, and some need to find some financial sources to support their studies. Overseas spies use programs such as recruiting part-time jobs and issuing questionnaires to attract students to collect and steal intelligence for them, using generous remuneration as bait. If students want to quit after being "hooked", overseas spies will use threats, blackmail and other means to force students to continue working for them. In addition, overseas spies may intervene in the job search process of college students, support and encourage them to apply for secret-related units, and attempt to develop students into "latent spies" placed in our party, government and military.
How college students can enhance their anti-intelligence and anti-espionage awareness
(1) Establish the concept of "national security above all else", overcome paralysis, improve identification capabilities, and strictly observe safety when in contact with overseas personnel State secrets.
(2) Be good at identifying various disguises and discover that foreign teachers or overseas personnel are promoting Western "freedom", "democracy" and "human rights" in inappropriate places, and spreading extreme individualism and anarchism When you have any thoughts, promptly report to the national security agency, public security agency or university security department. Reactionary war propaganda materials received must be promptly and proactively handed over to the national security agencies, public security agencies or university security departments to prevent their spread and adverse effects.
(3) Before studying or traveling abroad, you should understand and master national security knowledge, raise awareness of security precautions, consciously safeguard national security, and resolutely resist activities such as instigation, co-optation, threats, and inducements by hostile forces.
How citizens can enhance their awareness of confidentiality in daily interactions
(1) Learn the common sense of confidentiality, receive education on confidentiality, correctly understand the struggle between confidentiality and theft, enhance the awareness of confidentiality, and strictly abide by confidentiality system.
(2) Raise awareness of safety precautions, insist on distinguishing between internal and external affairs in external interactions, and do not involve our internal personnel organization, social security conditions, scientific and technological achievements, technical know-how and various undisclosed matters in economic construction. Data information. Any content involving state secrets should be avoided or answered according to the superior's external caliber.
(3) Do not carry secret documents, information and records containing secret matters when in contact with overseas personnel. When the other party asks me for scientific and technological achievements, materials, samples, or publicly asks me about my internal secrets, they must differentiate between the circumstances and flexibly refuse.
(4) Without the approval of the competent department, do not bring overseas personnel to visit or enter non-open areas or places; do not allow overseas personnel to use academic exchanges and lecture opportunities to conduct systematic social surveys; do not fill in the form of overseas personnel distribute various questionnaires, or write social survey articles for them.
(5) In press and publishing work, we must pay attention to the principle of confidentiality and do not arbitrarily publish matters related to national defense, scientific research and other national secrets. To participate in international academic conferences or publish articles in foreign journals, you must go through the approval procedures in accordance with regulations. Do not provide or purchase internal reading materials and materials for overseas personnel.
How should citizens deal with the situation of confidentiality loss, leakage and theft?
When citizens discover the following situations of loss, leakage or theft of secrets, they should promptly report to the national security organs, public security organs and confidentiality administrative departments:
(1) Lost state secrets documents, information and other items.
(2) It is discovered that someone is buying or selling documents, materials and other items that are state secrets.
(3) It is discovered that someone has stolen or snatched documents, materials and other items belonging to state secrets.
(4) Discovering clues that leak or may leak state secrets.
What should a citizen do if he or she is coerced or tricked into espionage at home or abroad?
Citizens who are coerced or tricked into espionage at home or abroad must step back from the brink and stop immediately. espionage behavior, and proactively report to national security agencies and public security agencies. If someone surrenders or performs meritorious service, the punishment may be lighter, reduced or exempted; if there is major meritorious service, a reward will be given.
Those who are coerced or deceived into joining hostile organizations or espionage organizations abroad, and engage in activities that endanger China’s national security, should promptly and truthfully explain the situation to my country’s overseas agencies, or promptly report the situation directly or through their units after entering the country. National security agencies and public security agencies should truthfully explain the situation and strive for leniency. If someone shows repentance, they may not be held accountable.
What should citizens and organizations do when they discover espionage?
When citizens and organizations discover espionage, they should immediately call the reporting hotline: 12339, or report to the local national security agency.
Countering espionage is everyone’s responsibility
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