Representative Christopher H. Smith, Chair
Senator Jeff Merkley, Cochair
PRC Legal Provisions
Additional Laws and Regulations
Decision of the Standing Committee of the National People's Congress Regarding Safeguarding Internet Safety (CECC Full Translation)
December 28, 2000
The following is a translation prepared by the Congressional-Executive Commission on China of the "Decision of the Standing Committee of the National People's Congress Regarding Safeguarding Internet Safety" issued by the National People's Congress Standing Committee on December 28, 2000. The Chinese text was retrieved from the <A HREF="https://tech.sina.com.cn/i/c/65606.shtml">Sina.com</A> website on March 7, 2006. Owing to the strong advocacy and active promotion of the nation, usage of China’s Internet in the building of the economy and various enterprises has grown more widespread on a daily basis, and has already begun, and will continue, to cause deep changes the way people manufacture, work, study and live, and has had a profound effect on China’s economic and scientific technology development and the advancement of the informatization of social services. At the same time, the problem of how to ensure the safe operation of the Internet and information security has attracted the universal attention of the entire society. This Decision has been issued in order to promote what is beneficial and deter what is harmful, encourage the healthy development of China’s Internet, safeguard national security and the common interests of society, and protect the legal interests of individuals, legal persons and other organizations. Article 1. In order to ensure the safe operation of the Internet, any of the following actions, which constitutes a crime, will be investigated for criminal responsibility in accordance with the relevant criminal provisions: (i) trespass on computer information system domains for national affairs, building national defense, or top-level scientific technology; (ii) intentionally producing or transmitting computer viruses or other disruptive programs, attacking computer systems or communication networks, or causing computer systems or communication networks to suffer damage; (iii) in violation of national regulations, interrupting computer network or communication network services without authorization, causing computer networks or communication networks to be unable to operate normally. Article 2. In order to safeguard national security and social stability, any of the following actions, which constitutes a crime, will be investigated for criminal responsibility in accordance with the relevant criminal provisions: (i) utilizing the Internet for rumor mongering, defamation or publicizing or transmitting any other harmful information to incite subversion of the national regime, repudiate the socialist system, incite the breakup of the nation or undermine the unity of the nation; (ii) stealing or divulging state secrets, intelligence or military matters through the Internet; (iii) utilizing the Internet to incite hatred against peoples, racism against peoples, or undermine the solidarity of peoples; (iv) utilizing the Internet to organize evil cult organizations, communicate with the members of evil cult organizations, or disrupt the implementation of national laws and administrative rules. Article 3. In order to safeguard socialist market economic order and social administration order any of the following actions, which constitutes a crime, will be investigated for criminal responsibility in accordance with the relevant criminal provisions: (i) utilizing the Internet to sell fake goods or conduct false advertising for goods or services; (ii) utilizing the Internet to damage the credibility of a third party’s business or the reputation of their product; (iii) utilizing the Internet to infringe upon the intellectual property rights of a third party; (iv) utilizing the Internet to compile and transmit false information which effects the securities, commodities or otherwise disturbs financial order; (v) to establish on the Internet an obscene website or web page, provide linking services to obscene sites, or transmit obscene periodicals, video, sound or pictures. Article 4. In order to protect the person, property and other legal rights of individuals, legal persons and other organizations, any of the following actions, which constitutes a crime, will be investigated for criminal responsibility in accordance with the relevant criminal provisions: (i) utilizing the Internet to publicly insult third parties or fabricate facts to slander or libel third parties; (ii) illegally intercepting, tampering with, or deleting a third party’s e-mail or other digital information, or infringe upon a citizen’s freedom of communication and information security; (iii) utilizing the Internet to carry out piracy, fraud, or racketeering and extortion. Article 5. Utilizing the Internet to carry out any actions other than those listed in Articles 1, 2, 3 or 4, which constitutes a crime, will be investigated for criminal responsibility in accordance with the relevant criminal provisions. Article 6. Utilizing the Internet to carry out any actions which, while violating society’s public security administration, nevertheless do not constitute a crime, shall be punished by the public security organs in accordance with the Regulations on Public Security Administration Punishment; violations of other laws and administrative rules which nevertheless do not constitute a crime, shall be subject to administrative punishment by the relevant administrative agencies; government personnel who are directly responsible and all other personnel who are directly responsible shall be subject to administrative sanction or disciplinary sanction. Utilizing the Internet to infringe upon the legal rights of third parties, which constitutes a civil infringement, will bear civil responsibility in accordance with the law. Article 7. In the process of encouraging the use of the Internet and the dissemination of network technologies, the personnel of relevant departments of the People’s Government at all levels shall adopt proactive measures to emphasize and support development and exploitation of Internet security technologies, and strengthen the security protection capabilities of the Internet. Relevant responsible departments shall strengthen propagandizing and education with respect to the Internet’s operating security and information security, implement effective monitoring administration in accordance with the law, be vigilant against and deter utilizing the Internet to carry out any kind of illegal activities, and create a favorable social environment for the healthy development of the Internet. Units engaged in Internet businesses shall carry out their activities in accordance with the law, and upon discovering any illegal criminal behavior or harmful information occurring on the Internet, shall adopt measures to stop the transmission of the harmful information, and immediately report it to the relevant department. When using the Internet, every individual or unit must observe discipline and obey the law, resist all types of illegal criminal behavior and harmful information. The People’s Courts, People’s Procuraterates, public security organs and national security organs shall, within their respective jurisdictions, closely coordinate to strike hard in accordance with the law against all types of criminal activities carried out utilizing the Internet. The entire society’s strength shall be mobilized, and the entire society’s collective efforts shall be relied upon, to ensure the Internet’s operating security and information security, and promote the establishment of a civilization that is socialist in spirit and in substance. |
Interim Provisions on the Administration of Internet Web Sites Engaged in News Posting Operations (CECC Partial Translation)
November 7, 2000
The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Interim Provisions on the Administration of Internet Web Sites Engaged in News Posting Operations" issued by the State Council on November 7, 2000. The Chinese text was retrieved from the <A HREF="https://www.isc.org.cn/20020417/ca42718.htm">Internet Society of China</A> Web site on March 7, 2006. Article 4: The State Council Information Office shall be responsible for the work of administering the operations of the nation’s Internet sites engaging in posting news. The people’s government’s news offices for the provinces, autonomous regions and independent municipalities shall be responsible for the work of administering the operations of the nation’s Internet sites engaging in posting news in their respective jurisdictions in accordance with these Provisions. Article 5: The legally established websites of central news units, news units of all departments of the central government’s agencies and the news units directly under the provinces, autonomous regions and independent municipalities and the municipal people’s governments for the provinces and autonomous regions (“news websites”) may engage in news posting operations after receiving authorization. Other news units may not independently establish news websites, but after receiving authorization may establish news web pages and engage in news posting operations on the news website established by a central news unit or a news unit of a province, autonomous region or independent municipality. Article 6: News units establishing news websites (web pages) to engage in news publishing operations shall report to the State Council Information Office or the provincial, autonomous region or independent municipality people’s government information office in accordance with the following provisions: (i) central news agencies that establish news websites to engage in news posting operations shall submit to examination, verification and authorization by the State Council Information Agency. (ii) the news units of all departments of the central government’s agencies that establish news websites to engage in news posting operations shall, after receiving examination and approval from the responsible department, submit to examination and verification by the State Council Information Agency. (iii) news units directly under the provinces, autonomous regions and independent municipalities and the municipal people’s governments for the provinces and autonomous regions that establish news websites to engage in news posting operations shall, after receiving examination and approval from the people’s government information offices for the provinces, autonomous regions and independent municipalities, submit to the submit to examination and verification by the State Council Information Agency. (iv) news units below the level of provinces, autonomous regions and independent municipalities that establish news web pages and engage in news posting operations on a news website established by a central news unit or a news unit of a province, autonomous region or independent municipality shall submit to examination and approval from the people’s government information offices for the provinces, autonomous regions and independent municipalities and register with the State Council Information Office. Article 7: Non-news units that establish general interest website (“general interest non-news unit websites”), that possess the qualifications set forth in Article 9 of these Provisions, may engage in operations of posting news promulgated by central government news units, the news units of departments of central government agencies, and the news units directly under the provinces, autonomous regions and independent municipalities, but may not post news from their own sources or news from other sources. Other Internet websites that are established by a non-news unit in accordance with the law may not engage in news posting operations. Article 8: General interest non-news unit websites that engage in news posting operations shall, in accordance with Article 7 of these Provisions, after receiving examination and approval from the people’s government information offices for the provinces, autonomous regions and independent municipalities, submit to the submit to examination and verification by the State Council Information Agency. Article 9: General interest non-news unit websites that engage in news posting operations must possess the following qualifications: (i) have a system of principles and bylaws for engaging in news posting operations that conforms with the provisions of laws and regulations; (ii) have all necessary editorial organs, capital, equipment and premises; (iii) have a responsible person who is a news editorial professional with extensive work experience in news and news expert technical professional qualifications at mid-level or higher; and also have the appropriate number of personnel with news expert technical professional qualifications at mid-level or higher; (iv) have news information sources which comply with Article 11 of these Provisions. Article 10: When applying to engage in news posting operations, Internet websites shall fill out and submit an "Application for a Website to Engage in News Posting Operations" as put out by the State Council Information Office. Article 11: General interest non-news unit websites that engage in operations of posting news promulgated by central news units, news units of any departments of the central government’s agencies and the news units directly under the provinces, autonomous regions and independent municipalities and the municipal people’s governments for the provinces and autonomous regions, shall enter into signed contracts with the relevant aforementioned news unit, and shall forward a copy to the relevant province, autonomous region or independent municipality government of the sponsoring unit for for recording. Article 13: News posted on Internet websites may not have the following contents: (i) violating the basic principles as they are confirmed in the Constitution; (ii) jeopardizing the security of the nation, divulging state secrets, inciting subversion of state power or jeopardizing the integrity of the nation's unity; (iii) harming the honor or the interests of the nation; (iv) inciting hatred against peoples, racism against peoples, or disrupting the solidarity of peoples ; (v) disrupting national policies on religion, propagating evil cults and propagating feudal superstitions; (vi) spreading rumors, compiling and promulgating false news, disturbing social order or disrupting social stability; (vii) spreading obscenity, pornography, gambling, violence, terror, or abetting the commission of a crime; (viii) insulting or defaming third parties, infringing on the legal rights and interests of third parties; and (ix) any other content prohibited by law or rules. Article 15: Violations of these Regulations shall, where any of the following conditions exist, be reported to the State Council Information Office or the the people’s government’s news offices for the province, autonomous region, or independent municipality, and shall be corrected within the time ordered. Where the situation is serious, those who have already obtained qualification as news posting businesses shall have their qualification as news posting businesses revoked: (i) Posting news without having obtained qualification to operate a news posting business; (ii) General interest non-news unit websites posting news they have written themselves or posting news that does not comply with origin requirements stipulated in Article 7, or not displaying the origin of news; (iii) General interest non-news unit websites failing to enter into signed contracts with central news units, news units of any departments of the central government’s agencies and the news units directly under the provinces, autonomous regions and independent municipalities and the municipal people’s governments for the provinces and autonomous regions, and post their news times without authorization, or failing to carry recording requirements. (iv) Linking to websites outside of China without authorization, or posting news issued by news media or websites outside of China. |
Provisions on the Administration of Internet Electronic Bulletin Services (CECC Partial Translation)
November 6, 2000
The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Provisions on the Administration of Internet Electronic Bulletin Services" issued by the Ministry of Information on October 8, 2000. The Chinese text was retrieved from the <A HREF="https://news.sohu.com/01/66/news145676601.shtml">Sohu.com</A> Web site on March 7, 2006. Article 2. These Provisions shall apply to all those who deploy Electronic Bulletin Services and who use electronic bulletins to disseminate information within the borders of the People's Republic of China. As used in these Provisions, Electronic Bulletin Services refers to electronic bulletin boards, electronic white boards, electronic forums, Internet chat rooms, message boards, and other forms of interactive behavior characterized by the provision of information dissemination for online customers. Article 5: Operators of Internet Information Services who also establish Electronic Bulletin Services shall, when applying to the provincial, autonomous region, or independent municipality telecommuniations administration agency, or the Ministry of Information Industry for a Commercial Internet Information Service License or undertaking registration as a non-commercial Internet Information Service, set forth this fact specifically in their application or registration. Article 8: No work unit or individual may open an Electronic Bulletin Service, unless they have undertaken the procedures for specific approval or specific registration. Article 11: Electronic Bulletin Services providers shall provide only services in accordance with the category or subject matter areas that have been permitted, and may not provide services that exceed these categories or establish other subject matter areas. Article 13: If an electronic bulletin board provider notices that any information falling under Article 9 of these regulations has appeared on its electronic bulletin board service system, they shall immediately delete it, retain the relevant records, and report it to the relevant authorities. |
Circular Regarding Strengthening and Improving the Work of Recording Important Topics (CECC Partial Translation)
March 9, 1999
The following is a partial translation provided by the Congressional-Executive Commission on China of the "Notice Regarding Strengthening and Improving the Work of Recording Important Topics," issued by the General Administration for Press and Publication on March 9, 1999. The Chinese text was retrieved from the Gansu Province's Intellectual Property Office <a href="https://www.ipo.gansu.gov.cn/zlzx/images/ZZQFJXGFG/1831.htm">Web site</a> on February 27, 2006.<br> 2. Implementing a monthly reporting system for important topics. In order to strengthen the overall administration of the publishing of important topics, beginning from April 4, 1999, a monthly reporting system for the working situation for these topics is hereby implemented. By the 10th day of each month the Press and Publication Office of each province, autonomous region, and independent municipality, as well as the responsible department for every publishing unit in the capital, must submit a list (in the form attached) of all planned topics that are required to be recorded in the following month to the Book Administration Office of the General Administration of Press and Publication, and simultaneously send a copy to the Publishing Office of the Central Propaganda Department. The Press and Publication Office of each province, autonomous region, and independent municipality must receive approval of its monthly report's contents from the provincial committee's propaganda department before submitting it to their superiors. 4 . . . . The publishing administration agencies of each province, autonomous region and independent municipality, as well as the agencies responsible for publishing work units in the capitals, shall further strengthen overall administration, strictly standardize the working procedures for the work of recording important topics, and increase the degree of law enforcement. With respect to books involving the category of important topics, they shall not only assist publishing units in conducting auditing work in accordance with regulatory procedures, and get a strict grasp on the contents of drafts, but shall also strengthen their regulation and control of quantity, reduce redundancies in publishing, and the overall quality of these types of books. In the recording of important topics, the publishing administration agencies of each province, autonomous region and independent municipality, shall consult the opinion of the Central Propaganda Department in a timely manner. The publishing administration agencies of each province, autonomous region and independent municipality, as well as the agencies responsible for publishing work units in the capitals, shall supervise and urge the publishing units to earnestly implement the editorial opinions offered by the relevant agencies in the process of auditing drafts, and shall re-audit the drafts that have been revised in accordance with the recordation procedures. |
Circular Regarding Further Strengthening the Administration of Relevant Publications (CECC Partial Translation)
August 24, 1998
(Partial CECC Translation and Chinese Text) The following is a partial translation provided by the Congressional-Executive Commission on China of the "Circular Regarding Further Strengthening the Administration of Relevant Publications," issued by the General Office of the State Council and the General Administration for Press and Publication on August 8, 1998 and August 24, 1998, respectively. The Chinese text was retrieved from the People's Daily Web site on April 30, 2006. <HR> 1. Diligently manage the publishing of publications containing important topics. Publications containing important topics regarding the work and life situation of the primary leaders of the Party and the government, the history of the PRC, the history of the People's Liberation Army, and foreign relations, religion, etc., shall only be published by publishing houses with the relevant scope approved by the General Administration of Press and Publication. |
Measures for the Administration of Security Protection of Computer Information Networks with International Interconnections (Chinese Text and CECC Partial Translation)
December 30, 1997
The following is a partial translation prepared by the Congressional-Executive Commission on China of the "Measures for the Administration of Security Protection of Computer Information Networks with International Interconnections" issued by the State Council on December 30, 1997. The Chinese text was retrieved from the <A HREF="https://news.xinhuanet.com/it/2004-05/10/content_1461197.htm">Xinhua News Agency</A> Web site on March 7, 2006. Article 11: When a customer is undertaking network access procedures with an access unit, they shall fill out a customer registration form. The registration form will be provided by the Ministry of Public Security. Article 12: Networking units, access units and legal persons and other organizations (including inter-provincial/autonomous region/independent municipality units and their constituent organizations) shall, within 30 days of formally connecting to a network, go to the processing center designated by the people's municipal government public security agency in their jurisdiction to undertake registration procedures. The units in the aforementioned provision shall be responsible for reporting the situation of any units and customers for whom they provide network access to the local public security agency, and in a timely manner report any changes in the situation with respect to units and customers that access their networks. |
Circular Regarding the Printing and Promulgation of the "Measures on the Recording of Important Topics of Books, Periodicals, Audio/Visual Productions and Electronic Publications" (CECC Partial Translation)
October 10, 1997
The following is a partial translation by the Congressional-Executive Commission on China of the "Notice Regarding the Printing and Promulgation of the "Measures on the Recording of Important Topics of Books, Periodicals, Audio/Visual Productions and Electronic Publications," issued by the General Administration for Press and Publications on October 10, 1997. The Chinese text was retrieved from the Qingdao Press and Publishing Bureau's <a href="https://xwcbj.qingdao.gov.cn/flfg/Detail.asp?AutoID=28">Web site</a> on February 21, 2006.<br> Article 3: In these Measures "important topics" refers to any selections whose contents relate to such matters as national security and social stability or which shall produce a relatively large influence on such things as the nation's government, economy, culture or military matters, and shall specifically include: (i) topics concerning documents or literature of the party or the nation; (ii) works and literature concerning any former or current leaders of the party or the nation, and selections concerning the circumstances of their lives or work; (iii) topics which deal with party or state secrets; (iv) topics which compile introductions of the structure of government entities or the circumstances of party or state leaders; (v) topics which deal with ethnic or religious issues; (vi) topics which deal with the building of national defense and the battles, combat, work or lives of important figures of China's military in any historical period; (vii) topics which deal with the "Cultural Revolution"; (viii) topics which deal with any significant historical matters or important historical figures in the history of the Chinese Communist Party; (ix) topics which deal with top level figures in the Republican Party and any other top level objectives of the united front; (x) topics which deal with the Soviet Union, eastern Europe and all other party brothers and nationally significant matters and primary leaders; (xi) topics which deal with maps of China's borders; (xii) topics which deal with books on the Hong Kong Special Administration Zone, Macao and the Taiwan region; (xiii) topics of large scale translations of ancient texts into modern Chinese (equal to or greater than 5,000,000 characters) (xiv) topics of imported animated reading material; and (xv) selections whose contents are any type of directory of entity names or communication addresses. The scope of the important topics listed above shall be adjusted and promulgated by the General Administration of Press and Publication in accordance with circumstances. Article 5: Within 30 days of deciding to accept recordation, GAPP shall provide an answer or opinion to the applicant, and if no answer or opinion is provided within this time, the recordation shall be automatically effective. Article 7 : The primarily responsible person at any publishing unit that violates these Measures and publishes publications with contents within the scope of important topics without recording shall be subject to administrative punishment by the provincial Office of Press and Publication or the Office of Press and Publication that is the superior responsible agency. Publication and distribution of the publication shall cease, and the publishing unit shall be ordered to undertake recording procedures in accordance with these Measures. Violations of the "Regulations on the Administration of Publishing" shall be punished in accordance with the relevant regulations. |