Anti-terrorism law

In order to prevent and punish terrorist activities, strengthen anti-terrorism work, and safeguard national security, public security and the safety of people's lives and property, the Anti-Terrorism Law of People's Republic of China (PRC) is formulated in accordance with the Constitution. Promulgated by President People's Republic of China (PRC) on February 27th, 20 15, and effective as of October 27th, 20 16/KLOC-0. [ 1]?

? According to the decision of the second meeting of the Standing Committee of the 13th NPC on April 27th, 20 18 on amending the Frontier Health and Quarantine Law of People's Republic of China (PRC) and other six laws).

Chapter I General Provisions

Chapter II Identification of Terrorist Organizations and Personnel

Chapter III Security Prevention

Chapter IV Intelligence Information

Chapter V Investigation

Chapter VI Response and Disposal

Chapter VII International Cooperation

Chapter VIII Safeguard Measures

Chapter IX Legal Liability

Chapter X Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated in accordance with the Constitution for the purpose of preventing and punishing terrorist activities, strengthening anti-terrorism work and safeguarding national security, public security and the safety of people's lives and property.

Article 2 The State opposes all forms of terrorism and bans terrorist organizations according to law. Those who organize, plan, prepare to carry out or carry out terrorist activities, propagate terrorism, incite terrorist activities, organize, lead or join terrorist organizations, and provide assistance to terrorist activities shall be investigated for legal responsibility according to law.

The state will not compromise with any terrorist organization or personnel, and will not provide asylum or grant refugee status to any terrorist.

Article 3 Terrorism as mentioned in this Law refers to the thoughts and behaviors that create social panic, endanger public safety, infringe on personal property, or coerce state organs and international organizations to achieve their political and ideological goals by means of violence, sabotage and intimidation.

Terrorist activities referred to in this Law refer to the following acts of a terrorist nature:

(1) Organizing, planning, preparing for implementation and carrying out activities that cause or intend to cause serious social harm such as casualties, heavy property losses, damage to public facilities and social disorder;

(2) Advocating terrorism, inciting terrorist activities, or illegally possessing articles promoting terrorism, forcing others to wear clothes promoting terrorism and hang signs promoting terrorism in public places;

(3) Organizing, leading or participating in a terrorist organization;

(4) Providing information, funds, materials, labor services, technology, places and other support, help and convenience for terrorist organizations, terrorists, terrorist activities or terrorist activities training;

(5) Other terrorist activities.

The term "terrorist organization" as mentioned in this Law refers to a criminal organization composed of three or more persons who carry out terrorist activities.

The term "terrorist" as mentioned in this Law refers to those who carry out terrorist activities and members of terrorist organizations.

The term "terrorist incident" as mentioned in this Law refers to the ongoing or existing terrorist activities that have caused or may cause great social harm.

Article 4 The State shall incorporate counter-terrorism into its national security strategy, comprehensively address both the symptoms and root causes, strengthen counter-terrorism capacity building, and use political, economic, legal, cultural, educational, diplomatic and military means to carry out counter-terrorism work.

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

Article 5 Anti-terrorism work shall adhere to the principles of combining special work with the mass line, giving priority to prevention, combining punishment with prevention, taking the initiative and maintaining initiative.

Article 6 Anti-terrorism work shall be conducted according to law, human rights shall be respected and protected, and the legitimate rights and interests of citizens and organizations shall be safeguarded.

In the counter-terrorism work, citizens' freedom of religious belief and national customs should be respected, and any discriminatory practices based on geographical, ethnic and religious reasons should be prohibited.

Article 7 The State shall establish a leading body for anti-terrorism work to uniformly lead and direct the national anti-terrorism work.

The local people's governments at or above the municipal level with districts shall set up leading bodies for anti-terrorism work, and the people's governments at the county level shall set up leading bodies for anti-terrorism work according to needs, and be responsible for anti-terrorism work in their respective regions under the leadership and command of the leading bodies for anti-terrorism work at higher levels.

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

The China 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 and military regulations, as well as the orders of the State Council and the Central Military Commission (CMC), and in accordance with the deployment of the leading bodies for anti-terrorism work, prevent and deal with terrorist activities.

Relevant departments should establish a linkage and cooperation mechanism, 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 to carry out anti-terrorism work. If a terrorist suspect or a terrorist suspect is found, it shall report to the public security organ or the relevant department in time.

Article 10 Units and individuals that have made outstanding contributions to reporting terrorist activities or assisting in preventing and stopping terrorist activities, as well as units and individuals that have made other outstanding contributions in anti-terrorism work, shall be commended and rewarded in accordance with relevant state regulations.

Article 11 People's Republic of China (PRC) shall be investigated for criminal responsibility and exercise criminal jurisdiction over crimes of terrorist activities that endanger People's Republic of China (PRC), People's Republic of China (PRC) countries, citizens or institutions, or crimes of terrorist activities stipulated in international treaties concluded or acceded to by People's Republic of China (PRC).

Chapter II Identification of Terrorist Organizations and Personnel

Article 12 According to the provisions of Article 3 of this Law, terrorist organizations and personnel identified by the national anti-terrorism leading agency shall be announced by the office of the national anti-terrorism leading agency.

Thirteenth the State Council public security departments, national security departments, foreign affairs departments and provincial anti-terrorism leading institutions shall apply to the national anti-terrorism leading institutions for the identification of terrorist organizations and personnel.

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 office of the national anti-terrorism leading agency, and report to the public security department, the national security department and the anti-money laundering administrative department of the State Council in a timely manner in accordance with regulations.

Fifteenth identified terrorist organizations and personnel who are not satisfied with the identification may apply for a review through the office of the national anti-terrorism work leading body. The leading body of the national anti-terrorism work shall conduct a timely review and make a decision to maintain or revoke the identification. The review decision is final.

If the national anti-terrorism leading agency makes a decision to revoke the identification, it shall be announced by the office of the national anti-terrorism leading agency; If funds and assets have been frozen, they should be unfrozen.

Article 16 According to the provisions of the Criminal Procedure Law, the people's courts at or above the intermediate level with jurisdiction may, in the process of trying criminal cases, identify terrorist organizations and personnel according to law. The relevant provisions of this chapter shall apply to cases that need to be announced by the office of the national anti-terrorism leading agency after the judgment takes effect.

Chapter III Security Prevention

Seventeenth people's governments at all levels and relevant departments should organize anti-terrorism publicity and education to improve citizens' anti-terrorism awareness.

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

News, radio, television, culture, religion, Internet and other relevant units should carry out anti-terrorism publicity and education for the society.

Villagers' committees and residents' committees shall assist the people's governments and relevant departments in strengthening anti-terrorism publicity and education.

Article 18 Telecom operators and Internet service providers shall provide technical support and assistance such as technical interface and decryption for public security organs and state security organs to prevent and investigate terrorist activities according to law.

Nineteenth telecom operators and Internet service providers shall, in accordance with the provisions of laws and administrative regulations, implement the network security, information content supervision system and security technology prevention measures to prevent the spread of information containing terrorism and extremism; If information containing terrorism or extremism is found, it shall immediately stop transmission, keep relevant records, delete relevant information, and report to the public security organ or relevant departments.

Network information, telecommunications, public security, national security and other competent departments. Should be in accordance with the division of responsibilities, timely order the relevant units to stop transmitting or deleting relevant information, or close related websites and services. The relevant units shall immediately implement it and keep relevant records to assist in the investigation. Telecommunications authorities should take technical measures to block the cross-border spread of information containing terrorism and extremism on the Internet.

Twentieth railway, highway, water, air freight, postal services, express delivery and other logistics business units should implement a safety inspection system, check the identity of customers, and in accordance with the provisions of the transport, delivery of goods for safety inspection or Kaifeng inspection. Articles that are prohibited from being transported or delivered, articles with major security risks or articles that customers refuse to check, shall not be transported or delivered.

The logistics operation unit mentioned in the preceding paragraph shall implement the customer identity and cargo information registration system for transportation and delivery.

Twenty-first telecommunications, Internet, finance, accommodation, long-distance passenger transport, motor vehicle rental and other operators and service providers should check the identity of customers. No service shall be provided to persons whose identities are unknown or who refuse inspection.

Article 22 The production and import units shall, in accordance with regulations, carry out electronic tracking labels on guns and other weapons, ammunition, control instruments, dangerous chemicals, explosives for civil use, nuclear and radioactive materials, and affix safety tracking labels on explosives for civil use.

The transport unit shall, in accordance with the provisions, monitor the dangerous chemicals, civil explosives, nuclear and radioactive materials in operation through the positioning system.

Relevant units shall strictly supervise and manage infectious disease pathogens and other substances in accordance with regulations to prevent infectious disease pathogens from spreading or flowing into illegal channels.

The relevant departments in charge of the State Council or the people's governments at the provincial level may, according to needs, decide to control the production, import and export, transportation, sale, use and scrapping of civil control instruments, dangerous chemicals and explosives, and may prohibit the use of cash or physical objects for trading or impose other restrictions on trading activities.

Article 23 If firearms and other weapons, ammunition, dangerous chemicals, explosives for civilian use, nuclear and radioactive substances, infectious disease pathogens and other substances are stolen, robbed, lost or otherwise destroyed, the criminal unit shall immediately take necessary control measures, immediately report to the public security organ, and at the same time report to the relevant competent departments in accordance with regulations. After receiving the report, the public security organ shall conduct an investigation in time. The relevant competent departments shall cooperate with the public security organs to carry out their work.

No unit or individual may illegally manufacture, produce, store, transport, import, export, sell, provide, purchase, use, hold, scrap or destroy the articles specified in the preceding paragraph. If the public security organ finds it, it shall be detained; Other competent departments shall confiscate it and immediately notify the public security organ; Other units and individuals shall immediately report to the public security organ.

Twenty-fourth the State Council anti-money laundering administrative departments and relevant departments and institutions in the State Council shall supervise and manage the performance of anti-terrorist financing obligations by financial institutions and specific non-financial institutions according to law.

The State Council anti-money laundering administrative departments found suspected terrorist financing, can be investigated according to law, take temporary freezing measures.

Twenty-fifth audit, finance, taxation and other departments in accordance with the provisions of laws and administrative regulations, in the process of supervision and inspection of the relevant units, found that the inflow and outflow of funds suspected of terrorist financing, it should promptly notify the public security organs.

Article 26 In the process of supervising the entry-exit personnel carrying cash and bearer securities, the Customs shall immediately notify the anti-money laundering administrative department of the State Council and the public security organ with jurisdiction if it finds suspected terrorist financing.

Twenty-seventh local people's governments at all levels shall formulate and organize the implementation of urban and rural planning, which shall meet the needs of anti-terrorism work.

Local people's governments at various levels shall, according to needs, organize and urge relevant construction units to equip and install technical and physical defense equipment and facilities to prevent terrorist attacks, such as public safety video image information systems, in key parts of major roads, transportation hubs and urban public areas.

Article 28 The public security organs and relevant departments shall promptly stop those who propagate extremism, use extremism to endanger public security, disrupt public order, infringe upon personal property and hinder social management, and shall be investigated for legal responsibility according to law.

If the public security organ finds extreme activities, it shall order it to stop immediately, forcibly take the relevant personnel away from the scene and register their identity information, confiscate relevant articles and materials, and seal up illegal activities.

Any unit or individual who discovers articles, materials and information propagating extremism shall immediately report to the public security organ.

Article 29 Public security organs shall organize relevant departments, villagers' committees, residents' committees, units, schools, families and guardians to help and educate those who are instigated, coerced or lured to participate in terrorist activities or extremist activities, or those whose circumstances are minor and do not constitute a crime.

Prisons, detention centers and community correction institutions should strengthen the management, education and correction of terrorist criminals and extremist criminals who are serving their sentences. Prisons and detention centers may, according to the needs of educational reform and maintenance of supervision order, detain terrorists and extremist criminals together with ordinary criminals or separately.

Article 30 For terrorists and extremists who have been sentenced to fixed-term imprisonment or above, prisons and detention centers shall conduct social risk assessment according to their criminal nature, circumstances, degree of social harm, performance during serving their sentences and the impact on the community after release. To carry out social risk assessment, we should listen to the opinions of relevant grassroots organizations and the original case-handling organs. If it is assessed to be socially dangerous, the prison or detention center shall put forward suggestions on resettlement education to the intermediate people's court where the prisoner is serving his sentence, and send a copy of the suggestions to the people's procuratorate at the same level.

The intermediate people's court in the place where the prisoner served his sentence shall make a ruling and order him to receive resettlement education before he is released from prison. The written decision shall be copied to the people's procuratorate at the same level. If the person who has been decided to resettle and educate refuses to accept it, he may apply to the people's court at the next higher level for reconsideration.

Resettlement education is organized and implemented by the provincial people's government. Resettlement education institutions shall examine the resettled educators every year, and if they do show repentance and will no longer harm the society, they shall promptly put forward opinions on lifting resettlement education and report them to the intermediate people's court that decided on resettlement education for decision. Placed educators have the right to apply for placement education.

The people's procuratorate shall supervise the decision and implementation of resettlement education.

Article 31 The public security organ shall, jointly with relevant departments, identify units, places, activities and facilities that are vulnerable to terrorist attacks and may cause heavy casualties, property losses or social impacts as key targets for preventing terrorist attacks, and report them to the anti-terrorist leading bodies at the same level for the record.