（Adopted at the 30th Meeting of the Standing¹ Committee of the Seventh National People's Congress on February 22， 1993， promulgated² by Order No. 68 of the President of the People's Republic of China， and effective as of February 22， 1993）
颁布日期：19930222 　实施日期：19930222 　颁布单位：全国人民代表大会常务委员会

　　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 Supplementary³ Provisions

　　Chapter I General Provisions

　　Article 1 This Law is formulated⁴ 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 socialist⁵ system， and ensuring the smooth progress of reform， opening-up， and the socialist modernization⁶ drive.

　　Article 2 The State security organs， as stipulated⁷ by this Law， are the competent authorities in charge of the State security.

　　The State security organs and the public security organs shall， in accordance with the division of functions and powers as stipulated by the State， attend to their respective duties， and closely cooperate with each other so as to safeguard the 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 prosecuted⁸ according to law.

　　“Act endangering the 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 aforementioned 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 subvert⁹ the government， dismember the State or overthrow¹⁰ the socialist system；

　　（2） joining an espionage¹¹ organization or accepting a mission assigned by an espionage organization or by its agent；

　　（3） stealing， secretly gathering¹²， buying， or unlawfully providing State secrets；

　　（4） instigating¹⁵， luring¹⁶ or bribing¹⁷ a State functionary¹⁸ to turn traitor¹⁹； and，

　　（5） committing any other act of sabotage²⁰ endangering the State security.

　　Article 5 The State shall protect organizations and individuals that have rendered support or assistance in safe guarding 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 investigation²¹， detention²²， preliminary inquiry²³ 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 the 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 the 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 necessitated²⁴ by the maintence 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 the 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 technological²⁵ reconnaissance means.

　　Article 11 Where the 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 the 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 inspection²⁶ stations to exempt²⁷ the personnel， materiats and equipment concerned from inspection. The relevant inspecting organs shall give assistance thereto.

　　Article 13 State security organs and their functionaries²⁸， in their work of State security， shall act strictly²⁹ according to law， and refrain from overstepping or abusing their powers and infringing³⁰ upon the lawful¹³ 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 Safegarding 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 to a State security organ or a public security organ directly or through his unit.

　　Article 18 When a State security organ investigates and finds out any circumstances endangering State security and gathers related evidence， citizens and interested organizations shall faithfully furnish it with relevant information and may not refuse to do so.

　　Article 19 Any citizen or organization shall keep confidential³¹ the State secrets of that he or it knows 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 specialized³² espionage equipment or devices such as those for eavesdropping³³ or secretly photographing.

　　Article 22 Any citizen or organization shall have the right to report or charge before the State security organ at a higher level or to a relevant department 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 ascertain³⁴ the facts without delay and be responsible for the handling thereof.

　　No one may suppress or retaliate³⁵ against any citizen or organization that has assisted a State security organ in its work or made reports or charges according to law.

　　Chapter IV Legal Liability

　　Article 23 Where the acts endangering the State security committed by institutions， organizations or individuals outside the territory of the People's Republic of China or committed by other persons under their instigation or financial support， 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 peformed meritorious³⁶ service may be given a lighter³⁷ or a mitigated³⁸ punishment or be exempted³⁹ 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 a Chinese organ 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 prosecutecd.

　　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 administrativesanctions 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 offender⁴⁰ shall be punished by applying mutatismut and is the provisions oz

　　Article 27 Whoever， by means of violence or threat， obstructs⁴¹ a State security organ from carrying out a task for the State security according to law shall be punished in accordance with the provisions of Article 157 of the Criminal Law.

　　Whoever intentionally⁴² obstructs a State security organ from carrying out a task for the State security according to law without resort to violence or threat but causes 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 negligently⁴³ divulges⁴⁵ 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 whom lawfully¹⁴ holds documents， materials or other articles classified as State secrets， or who unlawfully holds or uses equipment and materials specially⁴⁶ for espionage purposes， and may confiscate⁴⁷ such documents， materials and other articles secrets， as well as such equipment and materials.

　　Anyone unlawfully holds documents， materials or other articles classified as State secrets and constitutes the crime of divulging⁴⁸ 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 specified⁴⁹ time limit or be deported⁵⁰.

　　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 extorts⁵² a confession⁵³ by torture， if the offence constitutes a crime， shall be punished respectively in accrodance 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 a task for the 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 promulgation⁵⁴.

　　Appendix I Relevant Articles in the Criminal Law

　　Article 92 Whoever plots to subvert the government or dismember the state shall be sentenced to life imprisonment⁵⁵ or fixed-term imprisonment of not less than ten years.

　　Article 93 Whoever in stigages， lures⁵⁶ or bribes⁵⁷ a state functionary or a member or the armed forces， the people's police or the people's militia⁵⁸ to defect to the enemy and turn traitor or to rise in rebellion shall be sentenced to life imprisonment or fixed-term imprisonment of not less than ten years.

　　Article 97 Whoever commits any of the following acts of espionage or aiding the enemy shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment or， if the circumstances are relatively⁵⁹ minor⁶⁰， to fixed-term imprisonment of not less than three years and not more than ten years：

　　（1） Stealing， secretly gathering or supplying intelligence for the enemy；

　　（2） Supplying arms and ammunition⁶¹ or other military materials to the enemy； or

　　（3） Joining a secret service or espionage organization or accepting a mission assigned by the enemy.

　　Article 136 It shall be strictly forbidden to extort⁵¹ a confession by torture. Any state functionary who extorts a confession by torture shall be sententenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever causes injury or disability to a person through corporal punishment shall be charged with the crime of injury and given a heavier punishment.

　　Article 143 The unlawful detention of another person or the unlawful deprivation⁶² of his personal freedom by any other means shall be strictly prohibited. A violator shall be sentenced to fixed-term imprisonment of not more than three years， criminal detention or deprivation of political rights. In circumstances where battery or humiliation⁶³ has occurred， the violator shall be given a heavier punishment.

　　Whoever commits the crime mentioned in the peceding paragraph and causes serious bodily injury shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years； if he causes a person's death， he shall be sentenced to fixed-term imprisonment of not less than seven years.

　　Article 157 Whoever by means of force or threat obstructs a state functionary from carrying out his functions according to law or refuses to carryout legally effective judgements or orders of people's courts shall be sentenced to fixed-term imprisonment of not more than three years， criminal detention， a fine or deprivation of political rights.

　　Article 162 Whoever harbours counterrevolutionaries or gives false evidence to protect them shall be sentenced to fixed-term imprisonment of not more than three years， criminal detention or public surveillance； if the circumstances are serious， the offender shall be sentenced to fixed-term imprisonment of not less than three years， and not more than ten years.

　　Whoever harbours other criminals or gives false evidence to protect them shall be sentenced to fixed-term imprisonment of not more than two years， criminal detention or public surveillance； if the circumstances are serious， the offender shall be sentenced to fixed-term imprisonment of not less than two years and not more than seven years.

　　Conspirators⁶⁴ to a crime mentioned in the two preceding paragraphs shall be punished as for a joint⁶⁵ crime.

　　Article 186 Any state functionary who divulges important state secrets， in violation⁶⁶ of state laws and regulations on the protection of secrets， if the circumstances are serious， shall be sentenced to fixed-term imprisonment of not more than seven years， criminal detention or deprivation or political rights.

　　If a person who is not a state functionary commits the crime mentioned in the preceding paragraph， he shall be punished in the light of the circumstances and in accordance with the provisions of the preceding paragraph.

　　Article 187 Any state functionary who， because of neglect of duty， causes public property or the interests of the state and the people to suffer heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

　　Article 188 Any judicial⁶⁷ functionary who engages in malpractice for the benefit of his friends and subjects to prosecution⁶⁸ a person he clearly knows to be innocent and intentionally protects from prosecution a person he clearly knows to be guilty， or intentionally twists the law， confounding right and wrong， when rendering⁶⁹ judgments⁷⁰ or orders， shall be sentenced to fixed-term imprisonment of not more than five years， criminal detention or deprivation of political rights； if the circumstances are particularly serious， he shall be sentenced to fixed-term imprisonment of not less than five years.

　　Appendix II Supplementary Provisions of the Standing Committee of the National People's Congress Concerning the Punishment of the Crimes of Divulging State Secrets

　　The Third Meeting of the Standing Committee of the Seventh National People's Congress has decided⁷¹ to make supplementary provisions to the Criminal Law： Persons who steal， spy on， buy or illegally provide state secrets for institutions， organizations and people outside the country shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years； if the circumstances are relatively minor， the offender shall be sentenced to fixed-term imprisonment of not more than five years， criminal detention or deprivation of political rights； if the circumstances are especially serious， the offender shall be sentenced to fixed-term imprisonment of not less than ten years， life imprisonment or the death penalty and shall be deprived of political rights concurrently⁷².

　　Appendix III Relevant Articles in the Law on Guarding State Secrets

　　Article 31 Persons who， in violation of the provisions of this Law， divulge⁴⁴ state secrets intentionally or through negligence⁷³， if the consequences are serious， shall be investigated for criminal responsibility in accordance with the provisions of Article 186 of Criminal Law.

　　Persons who， in violation of the provisions of this Law， divulge state secrets， if the consequences are not serious enough for criminal punishment， may be given disciplinary sanction in the light of the specific circumstances of each case.

上一篇：全国人民代表大会常务委员会关于惩治假冒注册商标犯罪的补充规定 下一篇：全国人民代表大会常务委员会关于惩治假冒注册商标犯罪的补充规定