CHAPTER I GENERAL PROVISIONS
CHAPTER II NUMBER OF DEPUTIES TO THE LOCAL PEOPLE’S CONGRESSES AT VARIOUS LEVELS
CHAPTER III NUMBER OF DEPUTIES TO THE NATIONAL PEOPLE’S CONGRESS CHAPTER IV ELECTIONS AMONG MINORITY NATIONALITIES
CHAPTER V ZONING OF ELECTORAL DISTRICTS
CHAPTER VI REGISTRATION OF VOTERS
CHAPTER VII NOMINATION OF CANDIDATES FOR DEPUTIES
CHAPTER VIII ELECTION PROCEDURE
CHAPTER IX SUPERVISION, RECALL AND BY-ELECTIONS HELD TO FILL VACANCIES
CHAPTER X SANCTIONS AGAINST DISRUPTION OF ELECTIONS
CHAPTER XI SUPPLEMENTARY PROVISIONS
Article 1 The Electoral Law of the National People’s Congress and Local People’s Congresses is formulated in accordance with the Constitution
of the People’s Republic of China.
Article 2 Deputies to the National People’s Congress and to the People’s Congresses of provinces, autonomous regions, municipalities directly
under the Central Government, cities divided into districts, and autonomous prefectures shall be elected by the people’s congresses
at the next lower level.
Deputies to the people’s congresses of cities not divided into districts, municipal districts, counties, autonomous counties, townships,
nationality townships, and towns shall be elected directly by their constituencies.
Article 3 All citizens of the People’s Republic of China who have reached the age of 18 shall have the right to vote and stand for election,
regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of
residence.
Persons who have been deprived of political rights according to the law shall not have the right to vote and stand for election.
Article 4 Each voter shall have the right to vote only once in an election.
Article 5 Elections shall be conducted separately in the People’s Liberation Army, and the procedures for such elections shall be formulated
separately.
Article 6 Among deputies to the National People’s Congress and local people’s congresses at various levels, there shall be an appropriate number
of women deputies, and the proportion thereof shall be raised gradually.
The National People’s Congress and the local people’s congresses of the areas with a relatively large number of returned overseas
Chinese shall have an appropriate number of deputies who are returned overseas Chinese.
Citizens of the People’s Republic of China who reside abroad but who are in China during the election of deputies to people’s congresses
at or below the county level may take part in such elections conducted in their ancestral home town or place of domicile before they
went abroad.
Article 7 The Standing Committee of the National People’s Congress shall conduct the election of deputies to the National People’s Congress.
The standing committees of the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government,
cities divided into districts, and autonomous prefectures shall conduct the elections of deputies to the people’s congresses at the
corresponding levels.
In cities divided into districts, municipal districts, counties, autonomous counties, townships, nationality townships, and towns,
election committees shall be established to conduct the election of deputies to the people’s congresses at the corresponding levels.
The election committees of cities not divided into districts, municipal districts, counties and autonomous counties shall be under
the leadership of the standing committees of the people’s congresses at the corresponding levels. The election committees of townships,
nationality townships, and towns shall be under the leadership of the standing committees of the people’s congresses of cities not
divided into districts, municipal districts, counties and autonomous counties.
The standing committees of the people’s congresses of provinces, autonomous regions, municipalities directly under the Central Government,
cities divided into districts, and autonomous prefectures shall direct the work of electing deputies to the people’s congresses at
or below the county level in their administrative areas.
Article 8 Election funds for the National People’s Congress and the local people’s congresses at various levels shall be disbursed by the State
Treasury.
CHAPTER II NUMBER OF DEPUTIES TO THE LOCAL PEOPLE’S CONGRESSES AT
Article 9 The number of deputies to the local people’s congresses at various levels shall be determined in accordance with the following provisions:
(1) The base number of deputies to the people’s congress of a province, an autonomous region or a municipality directly under the
Central Government is 350. For a province or an autonomous region, one more deputy may be added for every one hundred fifty thousand
people, and for a municipality directly under the Central Government, one more deputy may be added for every twenty-five thousand
people, however, if the population of a province exceeds one hundred million, the total number of its deputies shall not exceed 1,000;
(2) The base number of deputies to the people’s congresses of a city divided into districts or an autonomous prefecture is 240. One
more deputy may be determined for every twenty-five thousand people; however, if the population of the city or autonomous prefecture
exceeds ten million, the total number of its deputies shall not exceed 650;
(3) The base number of deputies to the people’s congresses of a county, an autonomous county, a city not divided into districts or
a municipal district is 120. One more deputy may be added for every five thousand people; however, if the population there exceeds
one million six hundred fifty thousand, the total number of deputies shall not exceed 450; if the population is less than fifty thousand
people, the total number of deputies may be less than 120;
(4) The base number of deputies to the people’s congress of a township, a nationality township or a town is 40. One more deputy may
be added for every one thousand five hundred people; however, if the population of a township or a nationality township exceeds ninety
thousand, the total number of its deputies shall not exceed 100; if the population of a town exceeds one hundred thirty thousand,
its total number of its deputies shall not exceed 130; if the population of a township, a nationality township or a town is less
than two thousand, the total number of its deputies may be less than 40.
The base number of deputies to a local people’s congress plus the number of deputies added according to the size of the local population
as stipulated in the preceding paragraph shall be the total number of deputies to the local people’s congress.
The number of deputies to the people’s congresses of an autonomous region or a province where many minority nationalities live in
concentrated community may, upon decision of the Standing Committee of the National People’s Congress, be added by five percent.
The number of deputies to the people’s congress of a county, an autonomous county, a township or a nationality township where many
minority nationalities live in concentrated communities or people live in scattered groups may, upon decision of the standing committee
of the people’s congress of a province, an autonomous region or a municipality directly under the Central Government, be added by
five percent of the total.
Article 10 The specific number of deputies to the people’s congress of a province, an autonomous region or a municipality directly under the
Central Government shall be determined by the Standing Committee of the National People’s Congress according to this Law. The specific
number of deputies to the people’s congress of a city divided into districts, an autonomous prefecture, or a county shall be determined
by the standing committee of the people’s congress of a province, an autonomous region or a municipality directly under the Central
Government according to this Law and reported to the Standing Committee of the National People’s Congress for the record. The specific
number of deputies to the people’s congress at the township level shall be determined by the Standing Committee of the people’s congress
at the county level according to this Law and reported to the standing committee of the people’s congress at the next higher level
for the record.
Article 11 Once the total number of deputies to a local people’s congress at any level is determined, it shall no longer be changed. If the
size of the population is changed considerably due to the change of the division in the administrative regions or the construction
of major projects or other reasons, the total number of deputies to the people’s congress at the corresponding level shall be re-determined
according to this Law.
Article 12 The number of deputies to the people’s congresses of autonomous prefectures, counties and autonomous counties shall be allocated
by the standing committees of the people’s congresses at the corresponding levels, in accordance with the principle that the number
of people represented by each rural deputy is four times the number of people represented by each town deputy. Townships, nationality
townships, and towns with exceptionally small populations shall have at least one deputy in the people’s congresses of their respective
counties and autonomous counties.
In the administrative areas of counties or autonomous counties which have towns with exceptionally large populations, or have enterprises
and institutions not under the leadership of the people’s governments at or below the county level whose workers and staff account
for a relatively large portion of the county’s total population, the ratio between the number of people represented by a rural deputy
and the number of people represented by a town deputy or a deputy of an enterprise or institution may, upon a decision made by the
standing committee of the people’s congress of the province, autonomous region, or municipality directly under the Central Government,
be smaller than four to one, even to the extent of one to one.
Article 13 In municipalities directly under the Central Government, cities and municipal districts, the number of people represented by a rural
deputy shall be greater than the number of people represented by an urban deputy.
Article 14 The number of deputies to the people’s congresses of provinces or autonomous regions shall be allocated by the standing committees
of the people’s congresses at the corresponding levels, in accordance with the principle that the number of people represented by
each rural deputy is four times the number of people represented by each urban deputy.
CHAPTER III NUMBER OF DEPUTIES TO THE NATIONAL PEOPLE’S CONGRESS
Article 15 Deputies to the National People’s Congress shall be elected by the people’s congresses of the provinces, autonomous regions, and
municipalities directly under the Central Government and by the People’s Liberation Army.
The number of deputies to the National People’s Congress shall not exceed 3,000. The allocation of the number of deputies shall be
decided by the Standing Committee of the National People’s Congress in accordance with existing conditions.
The number of deputies to the National People’s Congress to be elected by the Hong Kong Special Administrative Region and the Macao
Special Administrative Region and the methods for their elections shall be prescribed separately by the National People’s Congress.
Article 16 The number of deputies to the National People’s Congress to be elected by the provinces, autonomous regions, and municipalities directly
under the Central Government shall be allocated by the Standing Committee of the National People’s Congress in accordance with the
principle that the number of people represented by each rural deputy is four times the number of people represented by each urban
deputy.
Article 17 The number of deputies to the National People’s Congress to be elected by minority nationalities shall be allocated by the Standing
Committee of the National People’s Congress, in the light of the population and distribution of each minority nationality, to the
people’s congresses of the various provinces, autonomous regions, and municipalities directly under the Central Government, which
shall elect them accordingly. Nationalities with exceptionally small populations shall each have at least one deputy.
CHAPTER IV ELECTIONS AMONG MINORITY NATIONALITIES
Article 18 In areas where minority nationalities live in concentrated communities, each minority nationality shall have its deputy or deputies
sit in the local people’s congress.
Where the total population of a minority nationality in such an area exceeds 30 percent of the total local population, the number
of people represented by each deputy of that minority nationality shall be equal to the number of people represented by each of the
other deputies to the local people’s congress.
Where the total population of a minority nationality in such an area is less than 15 percent of the total local population, the number
of people represented by each deputy of that minority nationality may be appropriately smaller, but shall not be less than half the
number of people represented by each of the other deputies to the local people’s congress. In autonomous counties where the population
of the minority nationality practising regional autonomy is exceptionally small, the number of people represented by each deputy
of this minority nationality may, upon a decision made by the standing committee of the people’s congress of the province or autonomous
region, be less than half the number of people represented by each of the other deputies. Other nationalities with exceptionally
small populations living in concentrated communities shall each have at least one deputy.
Where the total population of a minority nationality in such an area accounts for not less than 15 percent and not more than 30 percent
of the total local population, the number of people represented by each deputy of that minority nationality may be appropriately
smaller than the number of people represented by each of the other deputies to the local people’s congress, but the allocated number
of deputies to be elected by that minority nationality shall not exceed 30 percent of the total number of deputies.
Article 19 In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships, and towns where a
certain minority nationality lives in a concentrated community, the provisions of Article 18 of this Law shall apply to the election
to the local people’s congresses of deputies of other minority nationalities and the Han nationality also living in concentrated
communities in such areas.
Article 20 With respect to minority nationalities living in scattered groups, the number of people represented by each of their deputies to
the local people’s congresses may be less than the number of people represented by each of the other deputies to such congresses.
In autonomous regions, autonomous prefectures and autonomous counties, and in townships, nationality townships, and towns where a
certain minority nationality lives in a concentrated community, the provisions of the preceding paragraph shall apply to the election
to the local people’s congresses of deputies of other minority nationalities and the Han nationality living in scattered groups in
such areas.
Article 21 In cities not divided into districts, municipal districts, counties, townships, nationality townships, and towns where various minority
nationalities live in concentrated communities, the minority nationality electorates may vote separately or jointly in the election
of deputies to the local people’s congress, depending on the relations between the nationalities, and their residential situation
in such areas.
In autonomous counties and in townships, nationality townships, and towns where a certain minority nationality lives in a concentrated
community, the provisions of the preceding paragraph shall apply to the election to the respective people’s congresses of deputies
of other minority nationalities and the Han nationality living in such areas.
Article 22 The electoral documents, roll of voters, voter registration cards, list of candidates for deputies, deputies’ election certificates
and election committee seals made or published by autonomous regions, autonomous prefectures and autonomous counties shall be in
the written languages of the nationalities commonly used in the locality.
Article 23 Other matters concerning elections among minority nationalities shall be handled with reference to the provisions of the relevant
articles of this Law.
CHAPTER V ZONING OF ELECTORAL DISTRICTS
Article 24 The number of deputies to the people’s congresses in cities not divided into districts, municipal districts, counties, autonomous
counties, townships, nationality townships, and towns shall be allocated to the electoral districts, and elections shall be held
in the electoral districts. The zoning of electoral districts may be decided according to the voters’ residence or on the basis of
production units, institutions and work units.
The zoning of electoral districts shall be decided on the basis of one to three deputies to be elected from each electoral district.
Article 25 The number of people represented by each deputy from an urban electoral district shall be generally the same. The number of people
represented by each deputy from a rural electoral district shall be generally the same.
CHAPTER VI REGISTRATION OF VOTERS
Article 26 The registration of voters shall be conducted on the basis of electoral districts, and the voters’ qualifications confirmed through
registration shall have long-term validity. Prior to each election, voters who have reached the age of 18 since the last registration
of voters or who have had their political rights restored after a period of deprivation of political rights has expired, shall be
registered. Voters who have moved out of the electoral districts where they originally registered shall be included in the roll of
voters in the electoral districts to which they have newly moved; those who are deceased or have been deprived of political rights
according to law shall be removed from the roll.
Citizens who suffer from mental illness and are incapable of exercising their electoral rights shall, upon determination by the election
committee, not be included in the roll of voters.
Article 27 The roll of voters shall be made public 20 days prior to the date of election. and voter registration cards shall be issued. Where
voters take part in elections and cast their votes on the strength of their voter registration cards, they shall be issued voter
registration cards.
Article 28 Anyone who has an objection to the roll of voters may appeal to the election committee. The election committee shall make a decision
on the appeal within three days. If the appellant is not satisfied with the decision, he may bring a suit in the people’s court at
least five days prior to the date of election, and the people’s court shall make a judgment before the date of election. The judgment
of the people’s court shall be final.
CHAPTER VII NOMINATION OF CANDIDATES FOR DEPUTIES
Article 29 Candidates for deputies to the national and local people’s congresses shall be nominated on the basis of electoral districts or electoral
units.
Political parties and people’s organizations may either jointly or separately recommend candidates for deputies. A joint group of
at least ten voters or deputies may also recommend candidates. Those who submit recommendations shall inform the election committee
or the presidium of the congress of their candidates’ backgrounds.
Article 30 The number of candidates for deputies to the national and local people’s congresses shall be greater than the number of deputies
to be elected.
The number of candidates for deputies to be directly elected by the voters shall be from one third to 100 percent greater than the
number of deputies to be elected; the number of candidates for deputies to be elected by various local people’s congresses to the
people’s congresses at the next higher level shall be 20 to 50 percent greater than the number of deputies to be elected.
Article 31 Candidates for deputies to the people’s congresses to be directly elected by the voters shall be nominated by the voters in the various
electoral districts and by the various political parties and people’s organizations. The election committee shall collect and publish,
15 days prior to the date of election, the list of nominees for deputies for repeated deliberation, discussion and consultation by
voter groups in the respective electoral districts and shall decide, in accordance with the opinion of the majority of voters, upon
a formal list of candidates to be made public five days prior to the date of election.
When a local people’s congress at or above the county level is to elect deputies to a people’s congress at the next higher level,
the time for nominating and deliberating candidates for such deputies shall not be less than two days. The presidium of the people’s
congress at the said level shall print and distribute the list of the candidates nominated according to law to all the deputies for
deliberation and discussion. If the number of the nominees conforms to the proportion for competitive election as provided in Article
30 of this Law, balloting competitive election shall be held directly. If the number of the nominees exceeds the maximum proportion
for competitive election as provided by Article 30 of this Law, preliminary election shall be held. By the order of the number of
votes that the nominees have obtained in the preliminary election, a formal list of candidates shall be determined in agreement with
the specific proportion for competitive election as it contained in the measures of election adopted by the people’s congress at
that level in accordance with this Law, and then balloting shall be held.
Article 32 When a local people’s congress at or above the county level is to elect deputies to the people’s congress at the next higher level,
the nominees for deputies shall not be limited to the current deputies to the lower people’s congress.
Article 33 The election committee or the presidium of the people’s congress shall brief voters or deputies on the candidates for deputies.
Political parties, people’s organizations, voters and deputies that have nominated candidates for deputies may brief voters on those
candidates at group meetings of voters or deputies. However, such briefings must stop on the day of election.
Article 34 Where voters directly elect deputies to a people’s congress, they shall, as prescribed by the election committee, be issued ballots
on the strength of their identification cards or voter registration cards. In each electoral district, polling stations shall be
set up, mobile polling boxes provided or election meetings held for the election. Balloting shall be presided over by the election
committee.
Article 35 Where a local people’s congress at or above the county level is to elect deputies to the people’s congress at the next higher level,
the election shall be presided over by the presidium of the lower people’s congress.
Article 36 The election of deputies to the national and local people’s congresses shall be by secret ballot.
If a voter is illiterate or handicapped and is therefore unable to write his ballot, he may entrust another person to write it for
him.
Article 37 A voter may vote for or against a candidate for deputy and may vote instead for any other voter or abstain.
Article 38 A voter who is absent from his electoral district during the time of an election may, with the approval of the election committee
and by written authorization, entrust another voter with a proxy vote. A voter shall not stand proxy for more than three persons.
Article 39 When balloting has been concluded, scrutineers and votecounters elected by the voters or deputies, and members of the election committee
or members of the presidium of the people’s congress shall check the number of people who voted against the number of votes cast
and make a record of it; the record shall be signed by the scrutineers.
Article 40 An election shall be null and void if the number of votes cast is greater than the number of people who voted, and it shall be valid
if the number of votes cast is less than the number of people who voted.
A ballot shall be null and void if more candidates are voted for than the number of deputies to be elected, and it shall be valid
if fewer candidates are voted for than the number of deputies to be elected.
Article 41 In a direct election of deputies to the people’s congresses, the election shall be valid, if more than half of all the voters in
an electoral district cast their votes. Candidates for deputies shall be elected only if they have obtained more than half of the
votes cast by the voters that take part in the election.
When a local people’s congress at or above the county level is to elect deputies to a people’s congress at the next higher level,
candidates for deputies shall be elected only if they have obtained more than half of the votes of all the deputies.
Where the number of candidates who have obtained more than half of the votes exceeds the number of deputies to be elected, the ones
who have obtained more votes shall be elected. Where the number of votes for some candidates is tied, making it impossible to determine
the ones to be elected, another balloting shall be conducted for these candidates to resolve the tie, and the ones who have obtained
more votes shall be elected.
If the number of elected deputies who have obtained more than half of the votes is less than the number of deputies to be elected,
another election shall be held to make up the difference. When another election is held, the name list of candidates shall, by order
of the number of votes they have obtained in the first balloting, be determined in accordance with the proportion for competitive
election as provided in Article 30 of this Law. If only one deputy is to be elected, the number of candidates shall be two.
When another election is held to elect deputies to the people’s congress at the county or township level in accordance with the provisions
in the preceding paragraph, the candidates who have obtained more votes than the others shall be elected; however, the number of
the votes they have obtained shall not be less than one-third of the votes cast. When another election is held by the local people’s
congress at or above the county level to elect deputies to the people’s congress at the next higher level, the candidates shall be
elected only when they have obtained a majority vote of all the deputies.
Article 42 The election committee or the presidium of the people’s congress shall determine, in accordance with this Law, whether or not the
result of an election is valid and shall announce it accordingly.
CHAPTER IX SUPERVISION, RECALL AND BY-ELECTIONS HELD TO FILL VACANCIES
Article 43 All deputies to the national and local people’s congresses shall be subject to the supervision of the voters and the electoral units
which elect them. Both the voters and electoral units shall have the right to recall the deputies they elect.
Article 44 With respect to deputies to the people’s congress at the county or township level, a group of thirty or more voters in the electoral
district may submit a demand in writing to the standing committee of the people’s congress at the county level for the recall of
a deputy they elected.
In a demand for the recall of a deputy, the reasons for the recall shall be clearly stated. The deputy proposed to be recalled shall
have the right to defend himself at the voters’ meetings or may present a written statement in his own defence.
The standing committee of the people’s congress at the county level shall print and distribute the demand for the recall of a deputy
and the written defence of the deputy proposed to be recalled to the voters in the electoral district from which he was elected.
When the demand for the recall of a deputy is put to vote, the standing committee of the people’s congress at the county level shall
dispatch a relevant leading member to preside over it.”
Article 45 When a local people’s congress at or above the county level is in session, the presidium or a group of at least one-tenth of the
deputies may submit a proposal for the recall of a deputy to the people’s congress at the next higher level who was elected by the
people’s congress at or above the county level. When the people’s congress is not in session, the council of chairmen of the standing
committee of the local people’s congress at or above the county level or a group of at least one-fifth of the component members of
the standing committee may submit a proposal for the recall of a deputy to the people’s congress at the next higher level who was
elected by the people’s congress at or above the county level. In the proposal for the recall of a deputy, the reasons for the recall
shall be clearly stated.
When a local people’s congress at or above the county level is in session, the deputy proposed to be recalled shall have the right
to defend himself or to submit a written defence at the meeting of the presidium or at the plenary meeting of the congress; the presidium
shall have the written defence printed and distributed to the deputies. After the proposal for the recall of the deputy is deliberated
by the deputies at the meeting, it shall be submitted by the presidium to the plenary for voting.
When the standing committee of a local people’s congress at or above the county level meets, the deputy proposed to be recalled shall
have the right to defend himself or submit a written defence at the council of chairmen or the plenary meeting of the standing committee;
the council of chairmen shall have the written defence printed and distributed to the members of the standing committee. After the
proposal for the recall of the deputy is deliberated by the members of the standing committee, it shall be submitted by the council
of chairmen to the plenary meeting for voting.”
Article 46 The proposal for the recall of a deputy shall be voted by secret ballot.”
Article 47 The recall of a deputy to the people’s congress at the county or township level shall be adopted by a majority vote of all the voters
in the electoral district from which the deputy was elected.
The recall of
State Security Law of the People’s Republic of China
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
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 State security.
The State security organs and the public security organs shall, in accordance with the division of functions and powers as prescribed
by the State, attend to their respective duties, and closely cooperate with each other so as to safeguard 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 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 afore-mentioned 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; or
(5) committing any other act of sabotage endangering State security.
Article 5 The State shall protect organizations and individuals that have rendered support or assistance in safeguarding 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
examination 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 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 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 maintenance 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 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 means of reconnaissance.
Article 11 Where 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 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, materials 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 SAFEGUARDING 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 directly or through his work unit to a State
security organ or a public security organ.
Article 18 When a State security organ investigates and finds out any circumstances endangering State security and gathers related evidence,
citizens and organizations concerned 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 that have come to his knowledge or its possession 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 secret photographing.
Article 22 Any citizen or organization shall have the right to make to the State security organ at a higher level or to a relevant department
exposure of or charge 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.
Article 23 Where the acts endangering State security committed by institutions, organizations or individuals outside the territory of the People’s
Republic of China or committed by other persons under the instigation or financial support of the said institutions, organizations
or individuals, 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 performed 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 an organ of the People’s
Republic of China 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 prosecuted.
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 administrative sanctions 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 mutatis mutandis the provisions of Article 162 of the Criminal Law.
Article 27 Whoever, by means of violence or threat, obstructs a State security organ from carrying out an assignment of 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 an assignment of State security according to law, without
resort to violence or threat, but have caused 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 who unlawfully 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, as well as such equipment and materials.
Anyone, who unlawfully holds documents, materials or other articles classified as State secrets, if the case 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 accordance 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 an assignment of 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.
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