(Adopted at the 11th Meeting of the Standing Committee of the Eighth National People’s Congress on December 29, 1994
and promulgated by Order No.35 of the President of the People’s Republic of China on December 29, 1994)
Contents
Chapter I General Provisions
Chapter II Prison
Chapter III Execution of Criminal Punishments
Section 1 Putting in Prison
Section 2 Handling of Petitions, Complaints and Accusations Made by Prisoners
Section 3 Execution Outside Prison
Section 4 Commutation of Punishment and Release on Parole
Section 5 Release and Resettlement
Chapter IV Prison Administration
Section 1 Separate Custody and Separate Control
Section 2 Guard
Section 3 Use of Restraint Implements and Weapons
Section 4 Correspondence and Meeting with Visitors
Section 5 Life and Health
Section 6 Rewards and Punishments
Section 7 Handling of Crimes Committed by Prisoners During the Term of Imprisonment
Chapter V Education and Reform of Prisoners
Chapter VI Education and Reform of Juvenile Delinquents
Chapter VII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is formulated in accordance with the Constitution for the purpose of correctly executing criminal punishments,
punishing and reforming prisoners, preventing and reducing crimes.
Article 2 A prison is an organ of the State for executing criminal punishments.
Criminal punishments of prisoners sentenced to death penalty with a two-year suspension of execution, life imprisonment, or fixed-term
imprisonment shall be executed in prisons under the Criminal Law and the Criminal Procedure Law.
Article 3 A prison shall, with regard to prisoners, implement the principle of combining punishment with reform and combining
education with labour, in order to transform them into law-abiding citizens.
Article 4 A prison shall exercise supervision and control over prisoners according to law, and shall, in accordance with the
needs of reforming prisoners, organize prisoners to engage in productive labour and conduct ideological, cultural and technical education
among prisoners.
Article 5 Activities in prison administration, execution of criminal punishments, and education and reform of prisoners
conducted according to law by the people’s police of a prison shall be protected by law.
Article 6 A people’s procuratorate shall exercise supervision in accordance with the law over the legality of activities
conducted by prisons in execution of criminal punishments.
Article 7 Human dignity of a prisoner shall not be humiliated, and his personal safety, lawful properties, and rights to defence,
petition, complaint and accusation as well as other rights which have not been deprived of or restricted according to law shall not
be violated.
A prisoner must strictly observe laws, regulations, and rules and discipline of the prison, subject himself to control, accept
education and take part in labour.
Article 8 The State shall ensure the expenditures of a prison for the reform of prisoners. The prisons’ expenditures for the
people’s police, for the reform of prisoners, for the living expenses of prisoners, for the administration and installations
of the prison, and other special expenses shall be included into the State budget.
The State shall provide production facilities and production expenses necessary for prisoners to do labour.
Article 9 Lands, mineral resources and other natural resources used by a prison according to law as well as properties of a
prison shall be protected by law; no organizations or individuals shall seize or undermine them.
Article 10 The department of judicial administration under the State Council shall be in charge of the work of prisons in the
whole country.
Chapter II
Prison Article 11 The establishment, abolition or move of a prison shall be subject to the approval of the department of judicial
administration under the State Council.
Article 12 A prison shall install one warden, several deputy wardens, and, in light of the actual needs, set up necessary working
organs and provide other administrative personnel.
The administrative personnel in a prison are the people’s police.
Article 13 The people’s police of a prison shall strictly abide by the Constitution and the law, be loyal to their duties,
enforce the law impartially, strictly observe discipline and be honest and upright.
Article 14 The people’s police of a prison shall not commit any of the following acts:
(1) to demand, accept or seize money or goods from prisoners or their relatives;
(2) to release a prisoner without authorization or through dereliction of duty to cause a prisoner to flee from the prison ;
(3) to use torture to coerce a confession, or to use corporal punishment, or to maltreat a prisoner;
(4) to humiliate the human dignity of a prisoner;
(5) to beat or connive at others to beat a prisoner;
(6) to utilize a prisoner to provide labour services for personal gains;
(7) to privately deliver a letter or an article for a prisoner in violation of regulations;
(8) to illegally surrender the functions and powers to supervise and control prisoners to another person; or
(9) other law-breaking acts.
If the people’s police of a prison commit any act specified in the preceding paragraph and the case constitutes a crime, the offenders
shall be investigated for criminal responsibility; if the case does not constitute a crime, the offenders shall be given administrative
sanctions.
Chapter III
Execution of Criminal Punishments
Section 1
Putting in Prison
Article 15 With respect to a criminal who is sentenced to death penalty with a two-year suspension of execution, life imprisonment
or fixed-term imprisonment, the people’s court shall serve the notice of execution of the sentence and the written judgment on the
public security organ where the criminal is in custody. The public security organ shall hand the criminals over to a prison for execution
of the punishment within one month from the date of receiving the notice of execution of the sentence and the written judgment.
Before a criminal is handed over for execution of the criminal punishment, if the remaining term of his sentence is not
more than one year, the criminal punishment shall be executed by the detention house instead.
Article 16 A people’s court shall, in handing over a criminal for execution of the criminal punishment, serve on
the prison a copy of the bill of prosecution from the people’s procuratorate together with the written judgment, the notice of
execution and the registration form of closing the case from the people’s court. The prison shall not put the criminal in prison
without receiving the above-mentioned documents; if such documents are incomplete or have errors in the records, the people’s court
which passed the effective judgment shall, without delay, make them complete or correct; if any of the above-mentioned circumstances
may lead to wrongful imprisonment of a person, the prison shall not accept him.
Article 17 A prison shall give physical examination to the criminals who are handed over for execution of their
criminal punishments. A criminal sentenced to life imprisonment or fixed-term imprisonment may, after physical examination, temporarily
not be put in prison under either of the following circumstances:
(1) if a criminal is seriously ill and needs to be released on parole for medical treatment; or
(2) if a criminal is a pregnant woman or a woman who is breast-feeding her own baby.
With respect to a criminal temporarily not to be put in prison as provided in the preceding paragraph, the decision on temporary
execution outside prison shall be made by the people’s court which handed the criminal over for the execution. With respect to any
such criminal whose temporary execution of the sentence outside prison constitutes a danger to the society, he shall be put in prison.
If a criminal temporarily serves his sentence outside prison, the public security organ in the place of the criminal’s residence
shall execute the criminal punishment. After the circumstances specified in the preceding paragraph under which a criminal is temporarily
not put in prison disappeared, the criminal who has not completed the execution of his original term of sentence shall be handed
over to a prison for imprisonment by the public security organ.
Article 18 When a criminal is put in prison, his or her body and the articles brought with him or her shall strictly be checked.
The non-daily necessities shall be taken care of by the prison for the criminal or with the agreement of the criminal be returned
to his or her families, and contraband goods shall be confiscated.
A female criminal shall be checked by a people’s policewoman.
Article 19 A criminal may not bring his or her child with him or her to serve sentence in prison.
Article 20 After a criminal is put in prison, the prison shall inform the criminal’s family members. A written notice shall
be sent out within five days from the date when the criminal is put in prison.
Section 2
Handling of Petitions, Complaints and
Accusations Made by Prisoners
Article 21 If a prisoner is not satisfied with the effective judgment, he may file a petition.
A people’s procuratorate or a people’s court shall without delay handle the petitions filed by prisoners.
Article 22 A prison shall without delay handle the complaints or accusations made by prisoners, or transfer the above material
to a public security organ or a people’s procuratorate for handling. The public security organ or the people’s procuratorate shall
inform the prison of the result of its handling.
Article 23 A prison shall transfer without delay the petitions, complaints and accusations made by prisoners and shall not
withhold them.
Article 24 In the course of execution of the criminal punishment, if a prison believes on the basis of a prisoner’s petition
that the judgment may be wrongfully made, it shall refer the matter to a people’s procuratorate or a people’s court for handling.
The people’s procuratorate or the people’s court shall notify the prison of the result of its handling within six months from the
date of receiving the prison’s written recommendation for handling.
Section 3
Execution Outside Prison
Article 25 If a prisoner sentenced to life imprisonment or fixed-term imprisonment serving his sentence in prison complies
with the conditions for execution outside prison as provided by the Criminal Procedure Law, he may be permitted to temporarily serve
his sentence outside prison.
Article 26 For temporary execution outside prison, a written recommendation shall be made by a prison and submitted for approval
to the administrative organ of prisons of the province, autonomous region or municipality directly under the Central Government.
The organ granting the approval shall notify the public security organ and the people’s court making the original judgment of the
decision on the approval of the temporary execution outside prison, and send a duplicate of its decision to the people’s procuratorate.
If a people’s procuratorate considers that it is improper to apply temporary execution outside prison to the prisoner, the
people’s procuratorate shall send its written opinions within one month from the date of receiving the notice to the organ that approved
the temporary execution outside prison. The said organ shall, upon receiving the written opinions from the people’s procuratorate,
conduct forthwith reexamination and re-verification of its decision.
Article 27 If a prisoner temporarily serves his sentence outside prison, the public security organ in the place of the prisoner’s
residence shall execute his sentence. The prison that originally held the prisoner in custody shall promptly inform such public security
organ of the prisoner’s performances of reform in prison.
Article 28 After the circumstances causing temporary execution outside prison disappeared, if the prisoner has not completed
his term of sentence, the public security organ in charge of the execution shall without delay inform the prison to put the prisoner
back into prison; if a prisoner has completed his term of sentence, the prison that originally held the prisoner in custody shall
handle the formalities for the release. If a prisoner died during the period of temporary execution outside prison, the public security
organ shall, without delay, inform the prison that originally held the prisoner in custody about the death.
Section 4
Commutation of Punishment and Release on Parole
Article 29 If a prisoner sentenced to life imprisonment or fixed-term imprisonment has shown true repentance or rendered meritorious
service during the term of imprisonment, his sentence may be commuted on the basis of the result of the assessment made by the prison.
If a prisoner has rendered one of the following major meritorious services, his sentence shall be commuted:
(1) having stopped a grave criminal activity of another person;
(2) having reported a grave criminal activity inside or outside prison which has been ascertained to be true;
(3) having made an invention or a major technical innovation;
(4) having risked his or her life to save others in daily production or life;
(5) having made remarkable performances in fighting against natural calamities or in avoiding or removing grave accidents; or
(6) having made other major contributions to the State or the society.
Article 30 A recommendation for commutation of a sentence shall be made by a prison to a people’s court. The people’s
court shall within one month from the date of receiving the written recommendation examine it and make a ruling thereon; if the case
is complicated or the circumstances are special, the said period may be extended by one month. A duplicate of the ruling on commutation
of a sentence shall be sent to the people’s procuratorate.
Article 31 Where a prisoner sentenced to death penalty with a two-year suspension of execution conforms with the conditions
for commutation to life imprisonment or fixed-term imprisonment as provided by the law during the period of suspension of execution
of his death penalty, the prison holding the prisoner in custody shall make a timely recommendation for commutation upon
expiration of the two-year suspension of execution and report it first to the administrative organ of prisons of the province, autonomous
region or the municipality directly under the Central Government for examination and verification, and then submit the matter to
the higher people’s court for a ruling.
Article 32 Where a prisoner sentenced to life imprisonment or fixed-term imprisonment conforms to the conditions for release
on parole as provided by the law, the prison shall, on the basis of the result of its assessment, make a recommendation for release
on parole to the people’s court. The people’s court shall, within one month from the date of receiving the written recommendation,
examine it and make a ruling thereon; if the case is complicated or the circumstances are special, the said period may be extended
by one month. A duplicate of the ruling on parole shall be sent to the people’s procuratorate.
Article 33 Where a people’s court has made a ruling on parole, the prison shall parole the prisoner as scheduled and issue him a
certificate of parole.
A parolee shall be supervised by a public security organ. Where a parolee during the period of parole commits any acts in violation
of laws, administrative rules and regulations or the regulations of the public security department under the State Council on the
supervision and control of parolees, if such acts do not constitute a new crime, the public security organ may make a written recommendation
for the cancellation of parole to the people’s court. The people’s court shall within one month from the date of receiving
the written recommendation examine it and make a ruling thereon. Where the people’s court has ruled to cancel the parole, the parolee
shall be handed over to the prison for custody by the public security organ.
Article 34 If a prisoner does not satisfy the conditions for commutation or parole as provided by the law, the prisoner shall
not be commuted or paroled on any ground.
If a people’s procuratorate considers that a ruling on commutation or parole made by a people’s court is improper,
it may lodge a protest within the time limit specified by the Criminal Procedure Law. With respect to the case protested by the people’s
procuratorate, the people’s court shall try it anew.
Section 5
Release and Resettlement
Article 35 If a prisoner has completed service of his sentence, the prison shall release him as scheduled and issue him
a certificate of release.
Article 36 After a prisoner is released, the public security organ shall make residence registration for him on the strength
of his certificate of release.
Article 37 With respect to a person released after serving his sentence, the local people’s government shall assist him in
resettling down.
If a person released after serving his sentence has lost his ability to do labour, and has no statutory supporters or basic source
of income, the local people’s government shall offer him relief.
Article 38 A person released after serving his sentence shall enjoy equal rights with other citizens in accordance with
the law.
Chapter IV
Prison Administration
Section 1
Separate Custody and Separate Control
Article 39 A prison shall practise separate custody and separate control with respect to male adult prisoners, female adult
prisoners and juvenile delinquents. In respect of the reform of juvenile delinquents and female prisoners, special consideration
shall be given to their physiological and psychological characteristics.
A prison shall, with respect to prisoners, carry out separate custody and varied control on the basis of their types of crimes and
punishments, terms of sentences and performances of reform.
Article 40 Female prisoners shall be under the direct control of people’s policewomen.
Section 2
Guard
Article 41 The people’s armed police forces shall be in charge of the armed guard of prisons. The specific measures shall be
prescribed by the State Council and the Central Military Commission.
Article 42 If a prison discovers that a prisoner in custody has escaped, the prison shall capture him as soon as possible.
If the prison can not immediately capture the escaped prisoner, it shall notify the public security organ without delay. The public
security organ shall be responsible for the pursuit and capture of the escaped prisoner, and the prison shall closely coordinate
with the public security organ.
Article 43 A prison shall set up guard installations in accordance with the needs of supervision and control. The guard segregation
zone around a prison shall be delimited. No one shall, without permission, enter into such zone.
Article 44 State organs, public organizations, enterprises, institutions and grass-roots organizations in the neighbourhood
of a prison or its operation areas shall assist the prison in its security work.
Section 3
Use of Restraint Implements and Weapons
Article 45 Under any of the following circumstances, a prison may use restraint implements:
(1) if a prisoner commits any acts of escape;
(2) if a prisoner commits any acts of violence;
(3) if a prisoner is on the way of escort; or
(4) if a prisoner commits other dangerous acts against which it is necessary to take precautions.
After the circumstances specified in the preceding paragraph disappeared, restraint implements shall not be used.
Article 46 Personnel on duty of the people’s police or the people’s armed police forces may, under any of the following circumstances,
which can not be checked without the use of weapons, use weapons in accordance with the relevant regulations of the State:
(1) if any prisoner is assembling a crowd to make a riot or rebellion;
(2) if any prisoner is escaping or resisting arrest;
(3) if any prisoner is committing physical assault or destruction with a lethal weapon or other dangerous articles to endanger the
safety of another person’s life or property;
(4) if any prisoner is being seized and rescued by force; or
(5) if any prisoner is seizing a weapon by force.
Personnel who have used weapons shall report the situations in accordance with the relevant regulations of the State.
Section 4
Correspondence and Meeting with Visitors
Article 47 A prisoner may, during the service of his sentence, correspond with others, but their correspondence shall
be examined by the prison. If the prison discovers that the contents of a letter present a hindrance to the reform of the prisoner,
the prison may detain the letter. Letters from a prisoner to the higher authorities of the prison or to the judicial organs shall
be free from examination.
Article 48 A prisoner may, in accordance with the relevant regulations, meet with his relatives and guardians during the service
of his sentence.
Article 49 Goods or money to be received by a prisoner shall be subject to
the approval and examination of the prison.
Section 5
Life and Health Article 50 The living standard of prisoners shall be measured by the quantity of material objects, and it shall
be set by the State.
Article 51 The beddings and clothing of prisoners shall be uniformly rationed and provided by the prison.
Article 52 Considerations shall be given to the special habits and customs of prisoners of minority ethnic groups.
Article 53 Wards of a prison shall be firm, ventilated, possible for the natural light to come in, clean and warm.
Article 54 A prison shall set up medical organs and living and sanitary facilities, and institute regulations on the life and
sanitation of prisoners. Medical and health care of prisoners shall be put into the public health and epidemic prevention programme
of the area in which the prison is located.
Article 55 If a prisoner dies during imprisonment, the prison shall immediately inform the prisoner’s family members, the people’s
procuratorate and the people’s court. If a prisoner dies from a disease, the prison shall make a medical appraisal. If the people’s
procuratorate suspects the prison’s medical appraisal, it may make an appraisal anew on the cause of the death. If the family members
of the prisoner suspect the prison’s medical appraisal, they may raise their suspicion to the people’s procuratorate. If a prisoner
dies an abnormal death, the people’s procuratorate shall immediately conduct examinations and make an appraisal on the cause of the
death.
Section 6
Rewards and Punishments
Article 56 A prison shall establish a routine check-up system for prisoners. The result of such check-ups shall be taken as
the basis for awarding or punishing prisoners.
Article 57 If a prisoner is under one of the following circumstances, the prison may commend or award him, or record a merit
for him:
(1) if a prisoner observes the rules and discipline of the prison, studies hard, takes an active part in labour and shows admission
of guilt and acceptance of the judgement;
(2) if a prisoner has stopped any law-breaking or criminal activities;
(3) if a prisoner has overfulfilled his production task;
(4) if a prisoner has made achievements in saving on raw materials or caring for public property;
(5) if a prisoner has achieved certain success in technical renovation or passing on his production skill;
(6) if a prisoner has made contributions in preventing or removing a disastrous accident; or
(7) if a prisoner has made other contributions to the State and the society.
Where a prisoner sentenced to fixed-term imprisonment is under one of the circumstances specified in the preceding paragraph, if
he has served more than a half of the original term of his sentence, and has always shown good performances during imprisonment and
if his leaving from the prison will no longer endanger the society, the prison may, in light of the circumstances, permit him to
leave the prison for the purpose of visiting his family members or relatives.
Article 58 If a prisoner has committed one of the following acts obstructing the order of supervision and control, the
prison may give him a warning, demerit-recording or solitary confinement:
(1) assembling a crowd to make a stir and to disturb the order of the prison;
(2) abusing or beating the people’s police;
(3) bullying other prisoners;
(4) stealing, gambling, coming to blows, or stirring up fights and causing troubles;
(5) refusing to do labour though he has the ability to work or being slack in work and refusing to mend his ways even after education;
(6) escaping from doing labour by means of self-injury or self-mutilation;
(7) intentionally violating the operation rules in productive labour or intentionally destroying tools of production; or
(8) other acts violating the rules and discipline of the prison.
The term of solitary confinement imposed on a prisoner as stipulated by the preceding paragraph shall be from seven to fifteen days.
If a prisoner has committed an act specified in the first paragraph during the service of his sentence, and if the case constitutes
a crime, he shall be investigated for criminal responsibility according to law.
Section 7
Handling of Crimes Committed by Prisoners
During the Term of Imprisonment
Article 59 If a prisoner intentionally commits a crime during the service of his sentence, he shall be given a heavier punishment
according to law.
Article 60 A criminal case committed by a prisoner in the prison shall be investigated by the prison. On the conclusion of
the investigation, a recommendation for prosecution or a recommendation for exemption from prosecution written by the prison together
with the case file and the evidence shall be handed over to a people’s procuratorate .
Chapter V
Education and Reform of Prisoners
Article 61 In the education and reform of prisoners, the principle of suiting education to different persons and cases and
persuading prisoners through reasoning shall be implemented and the method of combining collective education with individual education
and combining education by the prison with education by the society adopted.
Article 62 A prison shall carry out ideological education among prisoners in legality, morality, current situations, policies
and outlook on their futures.
Article 63 A prison shall, in light of different conditions of prisoners, carry out literacy education, primary education and
junior secondary education. If a prisoner has passed due examinations, the educational department shall issue him the corresponding
certificate of education.
Article 64 A prison shall carry out occupational and technical education among prisoners in accordance with the needs of production
in the prison and of employment after their release. If a prisoner has passed due examination and verification, the labour department
shall issue him the corresponding certificate of technical grade.
Article 65 A prison shall encourage prisoners to study on their own. If a prisoner has passed due examinations, the relevant
department shall issue him the corresponding certificate.
Article 66 The cultural, occupational and technical education of prisoners shall be included into the educational plan
of the area where the prison is located. A prison shall have necessary educational facilities such as class-rooms and reading-rooms.
Article 67 A prison shall organize prisoners to conduct proper sport activities and cultural recreations.
Article 68 State organs, public organizations, units of armed forces, enterprises, institutions, personage of various circles
and family members or relatives of prisoners shall assist prisons in doing a good job in the education and reform of prisoners.
Article 69 An able-bodied prisoner must do labour.
Article 70 A prison shall, in the light of the individual conditions of prisoners, rationally organize them to do labour so
as to correct their bad habits, to cultivate their habits of working, to acquire production skills and to create conditions for
employment after their release.
Article 71 With regard to the working hours of prisoners, a prison shall make reference to the State’s relevant regulations
on working hours; under special circumstances such as seasonal pro
| Category |
STATE SECURITY |
Organ of Promulgation |
The State Council |
Status of Effect |
In Force |
| Date of Promulgation |
1994-06-04 |
Effective Date |
1994-06-04 |
|
|
|
Rules for Implementation of the State Security Law of the People’s Republic of China |
Contents
Chapter I General Provisions
Chapter II Functions and Powers of the State Security
Chapter III Duties and Rights of Citizens and
Chapter IV Legal Liability
Chapter V Supplementary Provisions
(Adopted at the 19th Executive Meeting of the
State Council on May 10, 1994, promulgated by
Decree No.157 of the State Council of the People’s
Republic of China on June 4, 1994, and effective as
of the date of promulgation)
Contents
Chapter I General Provisions
Chapter II Functions and Powers of the State Security
Organs in the Work of State Security
Chapter III Duties and Rights of Citizens and Organizations
in Safeguarding State Security
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 These Rules are formulated in
accordance with the State Security Law of the
People’s Republic of China (hereinafter referred
to as the State Security Law).
Article 2 The State security organs shall
be in charge of the implementation of these Rules.
When the public security organs carry out
tasks for State security in accordance with the
provisions of Paragraph 2 , Article 2 of the State
Security Law , the relevant provisions of these
Rules shall apply.
Article 3 The “institutions or organizations
outside the territory” as referred to in the State
Security Law shall include the branches
(representatives) established within the territory
of the People’s Republic of China by the institutions
or organizations outside the territory;
The “individuals outside the territory” shall
include those persons who reside in the People’s
Republic of China but without the nationality of
the People’s Republic of China.
Article 4 The “espionage organization’s agent”
as referred to in the State Security Law means a
person instigated, entrusted or financed by an
espionage organization or by its member to commit,
or incite and instigate other persons to commit,
acts endangering the State security of the People’s
Republic of China.
The Ministry of State Security of the People’s
Republic of China (hereinafter referred to as the
Ministry of State Security) shall be in charge
of the identification of the espionage organizations
and their agents.
Article 5 The “hostile organization” as referred
to in the State Security Law means an organization
which is hostile to the State power of the people’s
democratic dictatorship and socialist system of the
People’s Republic of China and endangers the State
security.
The Ministry of State Security or the Ministry
of Public Security of the People’s Republic of China
shall be in charge of the identification of the
hostile organizations.
Article 6 Giving “financial support” for acts
endangering the State security as referred to in
Article 4 of the State Security Law means the
following acts committed by institutions,
organizations or individuals outside the territory:
(1) Providing funds, sites or materials to
organizations or individuals within the territory
who are engaged in acts endangering the State Security;
(2) Providing funds, sites or materials to
organizations or individuals within the territory
for use in committing acts endangering the State security.
Article 7 Being “in collusion with…” in committing
acts endangering the State security as referred to in
Article 4 of the State Security Law means the following
acts committed by organizations or individuals within
the territory:
(1) Plotting or committing acts endangering the State
security jointly with institutions, organizations or
individuals outside the territory;
(2) Accepting financial support or instigation from
institutions, organizations or individuals outside the
territory for committing acts endangering the State security;
(3) Establishing contacts with and obtaining support
and assistance from institutions, organizations or
individuals outside the territory for committing acts
endangering the State Security.
Article 8 The following shall fall into “other sabotage
acts endangering the State security” as referred to in
Article 4 of the State Security Law:
(1) Organizing, plotting or committing terrorist acts
endangering the State security;
(2) Committing acts endangering the State security by
fabricating or distorting facts, or publishing and spreading
writings and opinions, or manufacturing and distributing
audio and video products;
(3) Committing acts endangering the State security
through setting up social organizations or enterprises or
institutional organizations;
(4) Committing acts endangering the State security by
making use of religion;
(5) Committing acts endangering the State security by
fomenting disputes among ethnic groups or inciting national
separatism;
(6) Any person outside the territory who, in violation
of relevant regulations and without paying heed to dissuasion,
willfully meets with any person within the territory having
committed acts endangering the State security or being strongly
suspected of doing so.
Chapter II Functions and Powers of the State Security
Organs in the Work of State Security
Article 9 The Ministry of State Security may decide not
to allow any person outside the territory, who is regarded
as likely to commit acts endangering the State security of
the People’s Republic of China after entering the territory,
to enter the territory for a certain period of time.
Article 10 The State security organs may, in accordance
with the provisions of Article 6 of the State Security Law,
list as wanted and pursue and capture the criminals having
betrayed the country and endangering the State security.
Article 11 The functionary of a State security organ
may, when carrying out according to law a task for State
security, inspect the articles brought by any unidentified
and suspicious person who could commit acts endangering
the State security.
Article l2 The vehicles of the State security organs
may, when used to carry out an urgent task for State security,
be fitted out with a special pass symbol as well as a warning
lamp and an alarm.
Article 13 The State security organs may, when finding
during inspection any electronic communication instruments
and appliances and other related equipment and installations
not in conformity with the requirements for safeguarding the
State security, order the organization or individual concerned,
according to the provisions of Article 11 of the State Security
Law, to subject all the above-mentioned to a technological
treatment; in case the organization or individual refuses or
is unable to undertake such a treatment, the State security
organs may seal them up for safekeeping or withhold them,
and handle them in accordance with the provisions of relevant
laws and administrative regulations.
Article 14 The functionary of a State security organ shall
not be interfered unlawfully by any other organization or
individual in his or her acts to carry out according to law a
task for State Security.
The functionary of a State security organ shall, when carrying
out according to law a task for State security, produce a
reconnaissance certificate issued by the Ministry of State
Security or other appropriate certificates.
The State security organs and their functionaries shall,
in their work for State security, 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 person.
Chapter III Duties and Rights of Citizens and
Organizations in Safeguarding State Security
Article l5 Organs, organizations and other institutions
shall accept coordination and guidance from the State security
organs in their work to educate their personnel with regard
to the maintenance of State security, and mobilize and
organize them to prevent and check acts endangering the
State security.
Article 16 Where any citizen finds an act endangering
the State security and reports it to his or her unit, the
latter shall timely report it to a state security organ or
a public security organ without delay.
Article l7 Citizens and organizations providing support
and assistance for the State security work shall have the
right to ask the State security organs and public security
organs to take effective measures to prevent or check any
act infringing upon their lawful rights and interests.
Article 18 The following shall fall into the
“significant contribution” as referred to in Article 5 of
the State Security Law:
(1) Providing important clues to the State security
organs for finding and cracking of criminal cases seriously
endangering the State security;
(2) Providing important information about circumstances
to the State security organs for preventing or checking the
occurrence of acts seriously endangering the State security;
(3) Cooperating closely with the State security organs
in carrying out tasks for State security, and showing
outstanding merit in doing so;
(4) Struggling against the criminals endangering the
State security in order to safeguard the State security,
and showing outstanding merit in doing so;
(5) Having outstanding achievements in educating,
mobilizing and organizing the personnel of one’s own unit
to prevent or check the occurrence of acts endangering the
State security.
Article l9 The expression “unlawfully hold any document,
material or other articles categorized as State secrets” as
referred to in Article 20 of the State Security Law means
the following:
(1) A person who is not enpost_titled to know a certain State
secret is found to bring with him or her or store up any
document, material or other articles pertaining to that
State secret;
(2) A person though enpost_titled to know a certain State
secret is found, without going through any necessary
formalities, to privately bring with him or her or store
up any document, material or other articles pertaining to
that State secret.
Article 20 The term “special equipment or devices for
espionage activities” as referred to in Article 21 of the
State Security Law means the following equipment or devices
specially for espionage activities:
(1) Hidden eavesdropping device or camera;
(2) Burst transceiver, one-shot pad for cipher code,
or secret writing devices;
(3) Electronic surveillance and intercepting devices
specially used for acquiring intelligence;
(4) Other special espionage equipment or devices.
The Ministry of State Security shall be in charge of
the identification of any special espionage equipment and
devices.
Chapter IV Legal Liability
Article 21 The State security organs may seal up,
withhold or freeze the instruments and other properties used
for committing acts endangering the State security, as well
as the funds, sites and materials as referred to in Article 6
of these Rules; the instruments and other properties thus
sealed up, withheld or frozen shall, upon different
circumstances, be either confiscated by the State security
organs or transferred to judicial organs for disposal
according to law.
The properties confiscated by the State security organs
shall all be turned over to the State Treasury.
The properties acquired through divulging State secrets
shall be treated in accordance with the provisions of
Article 34 of the Measures for Implementation of Law on
Guarding State Secrets of the People’s Republic of China.
Article 22 Where an act endangering the State security
constitutes a crime, criminal responsibility shall be
investigated according to law; where the offence does not
constitute a crime, the offender shall be given
administrative sanctions by his or her unit or by the
competent department at a higher level; the State security
organs may also give him or her a warning or reprimand,
or order him or her to write a statement of repentance.
Article 23 The following shall fall into the
“meritorious service” as referred to in Article 24 of the
State Security Law:
(1) Exposing and charging against other criminals
endangering the State security, and the exposure and charge
prove true;
(2) Providing important clues or evidences so that acts
endangering the State security are discovered and checked;
(3) Giving assistance to the State security organs or
judicial organs to capture other criminals endangering the
State security;
(4) Other acts of great help for the State security
organs to safeguard the State security.
“Significant meritorious service” means a service
within the above-enumerated scopes that is of especially great
help to the State security work.
Article 24 ln case there is evidence to show that a person
knows some others to have committed acts endangering the State
security, or after he or she is informed explicitly by the
State security organs that some others have committed acts
endangering the State security, he or she shall be punished
in accordance with the provisions of Article 26 of the State
Security Law if he or she refuses to provide relevant
circumstances and evidences at the request of the State
security organ when the latter is engaged in investigating
relevant circumstances and collecting relevant evidences.
Article 25 Citizens and organizations have the duty,
according to law, to provide convenience or other assistance
to any State security organ that is carrying out according
to law tasks for State security; any person or organization
that refuses to provide such convenience or assistance and
thereby commits an offence of obstructing on purpose the
State security organ to carry out according to law tasks
for State security shall be punished in accordance with
the provisions of Paragraph 2, Article 27 of the State
Security Law.
Article 26 Whoever obstructs on purpose the State
security organ to carry out according to law tasks for
State security and thereby causes personal injuries or
property damages or losses to the functionary of the State
security organ, shall be responsible for compensation
according to law, and shall also be punished by the
judicial organ or the State security organ in accordance
with the provisions of Paragraph 2, Article 27 of the State
Security Law.
Article 27 Any functionary of the State security organ
who neglects his or her duty, engages in malpractice for
personal interest, unlawfully detains any person(s) or
extorts a confession by torture, if his or her acts
constitute a crime, shall be investigated for criminal
responsibility according to law.
Chapter V Supplementary Provisions
Article 28 These Rules shall enter into force as of
the date of promulgation.
| Category |
COMMUNICATIONS AND TRANSPORT |
Organ of Promulgation |
The State Council |
Status of Effect |
In force |
| Date of Promulgation |
1994-08-30 |
Effective Date |
1994-09-01 |
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Provisions Governing Compensation for Damage to the Passenger in Railway Transportation |
(Approved by the State Council on August 13, 1994 and promulgated by
Ministry of Railway on August 30, 1994)
Article 1 These Provisions are enacted in accordance with Railway Law of
the People’s Republic of China and with a view to defining the liability for
damages paid by the railway transportation enterprise to the passenger, and to
guaranteeing the legitimate rights and interests of the passenger.
Article 2 These Provisions shall apply to the compensation for the
casualty accident of passenger and the damage of personal luggage during the
period of railway passenger transportation within the territory of the
People’s Republic of China.
The period of railway passenger transportation as referred to in aforesaid
paragraph is calculated from the moment when the passenger checks in and
enters into the railway station to the moment when the passenger arrives at
the destination and comes out of the railway station.
Article 3 Passenger as referred to in these Provisions is a person who
takes the train with valid ticket, or a child who takes the train free of
charge in accordance with relevant provisions of railway authority of the
State Council.
With the consent of the railway transportation enterprise, a person
supervising the goods aboard the train covered by a contract of railway
transportation of goods is regarded as a passenger.
Article 4 Should the casualty accident of passenger and the damage of
personal luggage be due to force majeure or the passenger’s self-causation,
the railway transportation enterprise shall not be liable therefor.
Article 5 Should the railway transportation enterprise be liable for
compensation under these Provisions, the limitation of damages for casualty
accident of the passenger: not exceeding 40000 RMB per passenger; the
limitation of damages for damage to personal luggage: not exceeding 800 RMB
per passenger.
A higher limitation of damages than that of aforesaid paragraph may be
agreed upon a written contract between the railway transportation enterprise
and the passenger.
Article 6 The compensation paid by the railway transportation enterprise
in accordance with these Provisions shall not affect the passenger to get the
payment of the insurance indemnity according to relevant provisions of the
state concerning forced insurance in accidental damage for railway passenger.
Article 7 The compensation paid to foreigners, overseas Chinese,
compatriots from Hong kong, Macao and Taiwan may be converted into the
currency of the country or region concerned and the rate of exchange shall be
set by the exchange rate announced by the authorized bank of the People’s
Republic of China at the date on which the compensation is paid.
Article 8 The claim for compensation against the railway transportation
enterprise shall be made by the passenger or his heir within one year counting
from the day on which the accident occured.
The railway transportation enterprise shall reply to the claim for
compensation within 30 days counting from the claim is recieved.
Article 9 In the event that a dispute with respect to the compensation
for damage arises between the passenger or his heir and the railway
transportation enterprise, they may bring a suit before the people’s court.
Article 10 These Provisions shall come into force as of september 1, 1994.
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The State Administration of Taxation
Circular of the State Administration of Taxation on the Question Concerning Delegating Animal Slaughter Tax Administration on Enterprises
with Foreign Investment to Localities
March 29,1994
The tax bureaus of various provinces, autonomous regions and municipalities directly under the Central Government and the tax bureaus
of various municipalities separately listed on the State plan:
Recently various local tax departments inquired about the question as to how to levy animal slaughter tax on enterprises with foreign
investment and foreign enterprises. In line with the stipulations of the Circular of the State Council Concerning Cancellation of
Fair Trade Tax, Domestic Animal Trade Tax, Special Tax on Enterprises That use Petroleum As Their Principal Fuel, Bonus Tax and Wage
Regulatory Tax and Delegating the Administration of Animal Slaughter Tax and Banquet Tax to Localities, a document of the State Council
Coded Guo Fa [1994] No. 7. Slaughter tax has been placed under the management of local authorities, The Administration maintains:
After animal slaughter tax is placed under local management, the concrete methods for the levy of animal slaughter tax enacted by
various localities shall also be applied to enterprises with foreign investment and foreign enterprises.
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