On what date was China’s Anti-Terrorism Law promulgated?

The "Counter-Terrorism Law of the People's Republic of China" is intended to prevent and punish terrorist activities, strengthen anti-terrorism work, safeguard national security, public security and the safety of people's lives and property, in accordance with the Constitution formulated. It was issued by the President of the People's Republic of China on December 27, 2015 and came into effect on January 1, 2016. [1]?

According to the second meeting of the Standing Committee of the 13th National People's Congress on April 27, 2018, "On Amending the Frontier Health and Quarantine Law of the People's Republic of China", etc. "Amendment of the Decision on Six Laws")

Chapter 1 General Provisions

Chapter 2 Identification of Terrorist Organizations and Personnel

Chapter 3 Security Precautions

Chapter 4 Intelligence Information

Chapter 5 Investigation

Chapter 6 Response

Chapter 7 International Cooperation

Chapter 8 Safeguard Measures

Chapter 9 Legal Liabilities

Chapter 10 Supplementary Provisions Chapter 1

General Provisions

Article 1 This law is enacted in accordance with the Constitution in order to prevent and punish terrorist activities, strengthen anti-terrorism work, and safeguard national security, public safety, and the safety of people's lives and property.

Article 2 The state opposes all forms of terrorism, bans terrorist organizations in accordance with the law, and punishes anyone who organizes, plans, prepares, or carries out terrorist activities, promotes terrorism, incites the implementation of terrorist activities, organizes, leads, Anyone who joins a terrorist organization or provides assistance for terrorist activities will be held legally responsible in accordance with the law.

The country will not make compromises with any terrorist organizations or personnel, nor will it provide asylum or refugee status to any terrorist personnel.

Article 3 The term “terrorism” as used in this Law refers to the use of violence, destruction, intimidation and other means to create social panic, endanger public safety, infringe upon personal property, or coerce state agencies and international organizations. , to achieve their political, ideological and other purposes.

Terrorist activities as mentioned in this law refer to the following acts of a terrorist nature:

(1) Organizing, planning, preparing to carry out, carrying out actions that cause or intend to cause casualties or significant property Activities that cause serious social harm such as losses, damage to public facilities, and disorder of social order;

(2) Promote terrorism, incite the implementation of terrorist activities, or illegally possess items that promote terrorism, and force Others wearing clothing or symbols that promote terrorism in public places;

(3) Organizing, leading, or participating in terrorist activities;

(4) Carrying out terrorist activities Organizing, providing support, assistance, and convenience to personnel for terrorist activities, carrying out terrorist activities, or training for terrorist activities;

(5) Other terrorist activities.

The term "terrorist organization" as used in this law refers to a criminal organization formed by three or more people to carry out terrorist activities.

The term "terrorist personnel" as used in this law refers to those who carry out terrorist activities and members of terrorist organizations.

Terrorist incidents as mentioned in this Law refer to terrorist activities that are occurring or have occurred that cause or may cause major social harm.

Article 4: The state shall incorporate counter-terrorism into its national security strategy, implement comprehensive policies, address both symptoms and root causes, strengthen counter-terrorism capacity building, and use political, economic, legal, cultural, educational, diplomatic, military and other means , carry out counter-terrorism work.

The state opposes all forms of extremism that incites hatred, incites discrimination, and advocates violence by distorting religious teachings or other methods, and eliminates the ideological basis of terrorism.

Article 5: Anti-terrorism work adheres to the principles of combining specialized work with the mass line, putting prevention first, combining punishment with prevention, and pre-empting the enemy and maintaining initiative.

Article 6: Counter-terrorism work should be carried out in accordance with the law, respect and protect human rights, and safeguard the legitimate rights and interests of citizens and organizations.

In counter-terrorism work, citizens’ freedom of religious belief and ethnic customs and habits should be respected, and any discriminatory practices based on region, ethnicity, religion, etc. are prohibited.

Article 7: The state shall establish a leading agency for counter-terrorism work to provide unified leadership and command for nationwide counter-terrorism work.

Local people's governments at or above the districted city level shall establish leading bodies for counter-terrorism work, and people's governments at the county level shall set up leading bodies for counter-terrorism work as needed, under the leadership and command of higher-level counter-terrorism work leading bodies. is responsible for counter-terrorism work in the region.

Article 8: Public security organs, national security organs, people's procuratorates, people's courts, judicial administrative organs and other relevant state organs shall implement a work responsibility system according to the division of labor and do a good job in counter-terrorism work in accordance with the law.

The Chinese People's Liberation Army, the Chinese People's Armed Police Force and militia organizations shall, in accordance with this Law and other relevant laws, administrative regulations, military regulations and orders of the State Council and the Central Military Commission, and in accordance with the provisions of the leading agency for counter-terrorism work. Deploy, prevent and deal with terrorist activities.

Relevant departments should establish a linkage and cooperation mechanism to rely on and mobilize villagers' committees, residents' committees, enterprises, institutions, and social organizations to jointly carry out anti-terrorism work.

Article 9: All units and individuals have the obligation to assist and cooperate with relevant departments in carrying out anti-terrorism work. If they discover suspected terrorist activities or persons suspected of terrorist activities, they must report to the public security organs or relevant departments in a timely manner.

Article 10: Units and individuals that have made outstanding contributions to reporting terrorist activities or assisting in preventing and suppressing terrorist activities, as well as units and individuals that have made other outstanding contributions in counter-terrorism work, shall be given compensation in accordance with relevant national regulations. Recognize and reward.

Article 11: Crimes of terrorist activities committed outside the territory of the People’s Republic of China against the State, citizens or institutions of the People’s Republic of China, or crimes committed by the People’s Republic of China and the People’s Republic of China For the crimes of terrorist activities stipulated in the international treaties concluded and acceded to by the country, the People's Republic of China shall exercise criminal jurisdiction and investigate criminal liability in accordance with the law. Chapter 2

Identification of terrorist organizations and personnel

Article 12 The national anti-terrorism leading agency shall identify terrorist organizations and personnel in accordance with the provisions of Article 3 of this Law , shall be announced by the office of the national anti-terrorism leading agency.

Article 13 The public security department of the State Council, the national security department, the diplomatic department and the provincial anti-terrorism leading agency shall submit a request to the national anti-terrorism leading agency if they need to identify terrorist organizations and personnel. Apply.

Article 14 Financial institutions and specific non-financial institutions shall immediately freeze the funds or other assets of terrorist organizations and personnel announced by the offices of the national anti-terrorism leading agency and collect them in accordance with regulations. Report promptly to the public security department, national security department and anti-money laundering administrative department of the State Council.

Article 15: If recognized terrorist organizations and personnel are dissatisfied with the determination, they may apply for review through the office of the national anti-terrorism leading agency. The national anti-terrorism leading agency shall conduct a timely review and make a decision to maintain or revoke the recognition. The review decision is final.

If the national anti-terrorism leading agency makes a decision to revoke the recognition, the office of the national anti-terrorism leading agency shall make an announcement; if funds and assets have been frozen, the freeze shall be lifted.

Article 16: According to the provisions of the Criminal Procedure Law, the people's courts at or above the intermediate level with jurisdiction may identify terrorist organizations and personnel in accordance with the law during the trial of criminal cases. For matters that need to be announced by the office of the national anti-terrorism leadership agency after the judgment takes effect, the relevant provisions of this chapter shall apply. Chapter 3

Security Prevention

Article 17 People's governments at all levels and relevant departments shall organize and carry out anti-terrorism publicity and education to enhance citizens' anti-terrorism awareness.

Education and human resources administrative departments, schools, and relevant vocational training institutions should incorporate terrorist activity prevention and emergency response knowledge into education, teaching, and training.

Relevant units such as news, radio, television, culture, religion, and the Internet should conduct targeted anti-terrorism publicity and education to the society.

Village committees and residents’ committees should assist the people’s government and relevant departments to strengthen anti-terrorism publicity and education.

Article 18: Telecommunications business operators and Internet service providers shall provide technical interfaces and decryption and other technical support and assistance for public security organs and national security organs to prevent and investigate terrorist activities in accordance with the law.

Article 19 Telecommunications business operators and Internet service providers shall implement network security, information content supervision systems and security technology prevention measures in accordance with laws and administrative regulations to prevent content containing terrorism and extremism dissemination of information; if information containing terrorist or extremist content is discovered, the transmission should be stopped immediately, relevant records should be kept, relevant information should be deleted, and reports should be reported to the public security organs or relevant departments.

For information containing terrorist or extremist content, the competent departments of cyberspace, telecommunications, public security, and national security shall, in accordance with the division of responsibilities, promptly order relevant units to stop transmitting, delete relevant information, or close relevant websites. , shut down related services. Relevant units should implement it immediately, keep relevant records, and assist in investigations. For information containing terrorist and extremist content transmitted cross-border on the Internet, telecommunications authorities should take technical measures to block the spread.

Article 20 Railway, highway, water, air freight and postal, express delivery and other logistics operating units shall implement a safety inspection system, check the identity of customers, and conduct safety inspections of transported and delivered items in accordance with regulations Or Kaifeng inspection. Items that are prohibited from being transported or delivered, that pose major safety risks, or that the customer refuses to undergo security inspection must not be transported or delivered.

The logistics operation units specified in the preceding paragraph shall implement a transportation and delivery customer identity and item information registration system.

Article 21 Business operators and service providers such as telecommunications, Internet, finance, accommodation, long-distance passenger transportation, motor vehicle rental, etc. shall verify the identity of customers. No services will be provided to those whose identities are unknown or who refuse identity verification.

Article 22 Production and import units shall, in accordance with regulations, make electronic tracking marks for firearms and other weapons, ammunition, controlled equipment, hazardous chemicals, civilian explosives, and nuclear and radioactive items. Add security tracers.

Transportation units shall monitor the transportation vehicles of hazardous chemicals, civilian explosives, nuclear and radioactive materials in operation through positioning systems in accordance with regulations.

Relevant units should implement strict supervision and management of infectious disease pathogens and other substances in accordance with regulations, and strictly prevent infectious disease pathogens and other substances from spreading or flowing into illegal channels.

For controlled equipment, hazardous chemicals, and civilian explosives, the relevant competent departments of the State Council or the provincial people's governments may, based on needs, decide on the production, import and export, transportation, sales, Use and scrapping shall be controlled, and the use of cash or physical objects for transactions may be prohibited or other restrictions may be imposed on trading activities.

Article 23 In the event that firearms and other weapons, ammunition, hazardous chemicals, civilian explosives, nuclear and radioactive materials, infectious disease pathogens and other materials are stolen, robbed, lost or otherwise lost, The unit where the crime occurred should immediately take necessary control measures, report to the public security organs immediately, and report to the relevant competent authorities in accordance with regulations. After receiving the report, the public security organ shall conduct a timely investigation. The relevant competent departments shall cooperate with the public security organs in carrying out their work.

No unit or individual may illegally make, produce, store, transport, import, export, sell, provide, purchase, use, hold, scrap, or destroy the items specified in the preceding paragraph. If discovered by the public security organs, they shall be detained; if discovered by other competent departments, they shall be detained and reported immediately to the public security organs; if discovered by other units or individuals, they shall be immediately reported to the public security organs.

Article 24: The anti-money laundering administrative department of the State Council and relevant departments and agencies of the State Council shall supervise and manage the performance of anti-terrorist financing obligations by financial institutions and specific non-financial institutions in accordance with the law.

If the anti-money laundering administrative department of the State Council discovers suspected terrorist financing, it may investigate and adopt temporary freezing measures in accordance with the law.

Article 25: When the audit, finance, taxation and other departments, in the process of supervising and inspecting relevant units in accordance with the provisions of laws and administrative regulations, discover that the inflow or outflow of funds is suspected of terrorist financing, they shall report it in a timely manner Public security agencies.

Article 26 If the customs discovers suspected terrorist financing in the process of supervising cash and bearer securities carried by inbound and outbound persons, it shall immediately report it to the anti-money laundering administrative department of the State Council and the competent authority with jurisdiction. the right public security organ.

Article 27: The formulation, organization and implementation of urban and rural planning by local people's governments at all levels shall meet the needs of counter-terrorism work.

Local people's governments at all levels shall, as needed, organize and urge relevant construction units to equip and install public security video image information on major roads, transportation hubs, and key locations in urban public areas. Systems and other technical and physical defense equipment and facilities to prevent terrorist attacks.

Article 28 Public security organs and relevant departments shall promptly punish those who promote extremism or use extremism to endanger public security, disrupt public order, infringe upon personal property, or impede social management. Stop it and pursue legal responsibility according to law.

When public security organs discover extremist activities, they should order them to stop immediately, forcibly remove relevant personnel from the scene and register their identity information, confiscate relevant items and materials, and seal up illegal activity venues.

Any unit or individual who discovers items, materials, or information promoting extremism should immediately report it to the public security organs.

Article 29: For persons who are instigated, coerced, or induced to participate in terrorist activities or extremist activities, or whose participation in terrorist activities or extremist activities is minor and does not constitute a crime, the public security organs shall organize relevant Departments, village committees, residents' committees, units, schools, families and guardians provide assistance and education.

Prisons, detention centers, and community correction institutions should strengthen the management, education, and correction of terrorist criminals and extremist criminals serving sentences. In prisons and detention centers, terrorist criminals and extremist criminals may be detained mixed with ordinary criminal criminals or individually according to the needs of educational reform and maintenance of supervision order.

Article 30: Where criminals of terrorist activities and extremist criminals are sentenced to a sentence of imprisonment or above, prisons and detention centers shall, before release upon completion of their sentences, review their performance during their sentence based on the nature, circumstances and degree of social harm of their crimes. , conduct a social risk assessment on the impact on the community where they live after release. When conducting social risk assessment, the opinions of relevant grassroots organizations and the original case-handling agency should be listened to. If the criminal is assessed to be dangerous to society, the prison or detention center shall submit a placement and education proposal to the intermediate people's court where the criminal is serving his sentence, and send a copy of the proposal to the People's Procuratorate at the same level.

For those who are truly dangerous to society, the Intermediate People's Court of the place where the criminal is serving his sentence shall make a decision before the prisoner is released upon completion of his sentence, ordering him to receive resettlement education after his release. A copy of the decision shall be sent to the People's Procuratorate at the same level. If a person who is determined to be placed in education is dissatisfied with the decision, he or she may apply for reconsideration to the people's court at the next higher level.

Resettlement education is organized and implemented by the provincial people's government. The resettlement education institution shall evaluate the resettled education personnel every year. For those who have indeed shown repentance and will no longer harm society, they shall promptly propose opinions on terminating resettlement education and report them to the intermediate people's court that decides on resettlement education for a decision. Placed education personnel have the right to apply for termination of placement education.

The People’s Procuratorate supervises the decision-making and implementation of resettlement education.

Article 31 The public security organs shall, in conjunction with relevant departments, identify units, places, and activities that are more likely to be subject to terrorist attacks and may cause significant personal casualties, property losses, or social impact. , facilities, etc. are identified as key targets to prevent terrorist attacks and reported to the corresponding anti-terrorism leading agency for filing.