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National Security Law (Second Reading Draft)

National Security Law (Second Reading Draft) Full Text

In April 2015, the 14th meeting of the Standing Committee of the 12th People's Congress reviewed the People's Republic of China National Security Law (Second Review Draft). The People's Republic of China National Security Law (second reading draft) is hereby released on the Chinese People's Congress Network for solicitation of comments. The public can directly log in to the NPC website (www.npc.gov.cn))and provide comments; and may also mail comments to the Legislative Affairs Committee of the Standing Committee of the National People's Congress, (1 West Qianmen Avenue, Xicheng District, Beijing 100805) [in Chinese: 北京市西城区前门西大街1号,邮编:100805. Please clearly indicate National Security Law Second Reading Draft Solicitation of Comments on the envelope. The consultation period concludes on: June 5, 2015.

People's Republic of China National Security Law (draft)

(Second Deliberation Draft)

CONTENTS

National Security Law (Second Reading Draft) Full Text

People's Republic of China National Security Law (draft)

Chapter I: General Provisions

Chapter II: Tasks in preserving national security

Chapter III: Duties of preserving national security

Chapter IV: National Security Institutions

Section 1: Ordinary Provisions

Section 2: Intelligence Information

Section 3: Risk prevention, assessment and early warnings

Section 4: Review and regulation

Section 5: Crisis Management

Chapter 5: Safeguarding National Security

Chapter VI: Rights and Duties of Citizens and Organizations

Chapter VII: Supplementary provisions

Legal Committee of the National People's Congress report on revisisions to the People's Republic of China National Security Law (draft)

 

 

 

Chapter I: General Provisions

Article 1: This Law is formulated on the basis of the Constitution so as to maintain national security, to defend the people's democratic dictatorship and the socialist system with Chinese characteristics, to defend the fundamental interests of the people, to ensure the smooth implementation of the reform and opening up and establishment of socialist modernization and to realize the great revival of the Chinese nationality.

Article 2: National security refers to the relative absence of international or domestic threats to the state's power to govern, sovereignty, unity and territorial integrity, the welfare of the people, sustainable economic and social development, and other major national interests, and the ability to ensure a continued state of security

Article 3: National security efforts shall adhere to a comprehensive understanding of national security, make the security of the People their goal, political security their basis and economic security their foundation; make military, cultural and social security their safeguard and advance international security to protect national security in all areas, build a national security system and follow a path of national security with Chinese characteristics.

Article 4: Adhere to the leadership of the Chinese Communist Party in national security matters and establish a centralized, efficient and authoritative national security leadership system

Article 5: The central national security leading institution is responsible for deciding and coordinating national security efforts, for conducting research to develop and guide the implementation of strategies and relevant major policies in national security efforts;for coordinating major issues and important efforts in national security, and for promoting the building of national security rule of law.

Article 6: The state formulates and continuously improves national security strategy,comprehensively assesses the international and domestic national security situation, clarifies guidelines for the national security, medium and long-term goals and national security policies, tasks and measures for key areas.

Article 7: Preserving national security shall follow the Constitution and law, uphold the principles of socialist rule of law, respect and protect human rights, and protect citizens' rights and freedom in accordance with law.

Article 8: Preservation of national security shall be coordinated with economic and social development.

National security efforts shall have an overall plan for external and internal security, homeland and populace security, traditional and non-traditional security, and personal and collective security,

Article 9: Preservation of national security shall persist in treating both symptoms and root causes, putting prevention first, combining special efforts and the mass line, fully bringing into play special organs' and other relevant departments' functions in maintaining national security, widely mobilizing citizens and organizations to guard against and punish conduct endangering national security.

Article 10: The preservation of national security shall persist in mutual trust, mutual benefit, equality and coordination; actively developing security exchanges and cooperation with foreign governments and international organizations, performing international security obligations, promoting common security and maintaining world peace.

Article 11: Citizens of the People's Republic of China, all state organs and armed forces, each political parties and mass organization, enterprises, public institutions and social organizations, all have the responsibility and obligation to maintain national security.

The sovereignty and territorial integrity of China cannot be divided. Preservation of national sovereignty and territorial integrity is a shared obligation of all the Chinese people, including compatriots from Hong Kong, Macao and Taiwan

Article 12: Organizations and individuals making outstanding contributions in efforts to maintain the national security are give commendations and awards.

Chapter II: Tasks in preserving national security

Article 13: The State persists in the leadership of the Chinese Communist Party, maintaining the socialist system with Chinese characteristics, developing socialist democratic politics, ensuring all rights of the people as the masters of the nation, and strengthening restraint and oversight mechanisms on the operation of power, completing the a socialist rule of law and maintaining the authority of the Constitution and laws.

The State guards against and lawfully punishes treason, division of the nation, incitement of rebellion, subversion or instigation of subversion of the people's democratic dictatorship regime; guards against and lawfully punishes the theft or leaking of state secrets and other conduct endangering national security; and guards against and lawfully punishes acts of infiltration, destruction, subversion or separatism by foreign influences .

Article 14: The state maintains and develops the most extensive fundamental interests of the people , defending the people's security; creating positive conditions for survival and development and a positive environment for living and working; ensuring the safety of citizens' person and property and other lawful rights and interests.

Article 15: The State increases the construction of border defense, coastal defense, and air defense, taking all necessary defense and management measures to defend the security of continental territory, internal waterbodies, territorial waters and airspace, and to maintain national territorial sovereignty and maritime rights and interests.

Article 16: The State makes the armed forces more revolutionary, contemporary, regular; establishing and defending national security and developing the necessary related armed forces; implements an active military defense stategy, taking precautions against and resisting invasion, stopping armed subversion and separatism; develops international military security cooperation, carrying out overseas military actions to maintain national security, and maintains national sovereignty, security, territorial integrity and development interests; and maintains world peace.

Article 17: The State maintains the basic economic system and order of the socialist marketplace, completing institutional mechanisms for prevention and resolution of risks to economic security, safeguarding security in important industries and fields that influence the populace's economic livelihood, key production, major infrastructure and major construction project as well as other major economic interests.

Article 18: The State completes macro financial management and financial risk prevention and handling mechanisms, enhancing the construction of financial infrastructure and fundamental capacity, preventing the occurrence of systemic or regionalized financial risks, and preventing and resisting encroachment of international financial risks.

Article 19: The State establishes a food security safeguard system, completing early warning systems for food security, implementing responsibility for food reserves, improving the food transport system and market regulation control mechanisms, ensuring food supplies.

Article 20: The State persists in heading towards the advanced socialist culture, advancing the establishment of a core socialist value system, increasing education and publicity on the core socialist values, and having a firm ideological dominance, and continuing and carrying forward the exceptional culture of the Chinese nationality, defending and resisting against negative cultural seepage, and strengthening the force and competitiveness of cultural integrity.

Article 21: The State persists in the equality of all ethnicities, and persists and improves upon the ethnic autonomous region system, solidifying and developing unity and mutual aid, a harmonious socialist ethnic relationships. Strengthen exchanges, communication and mingling between ethnicities, advancing ethnic unity and preventing and lawfully punishing activities dividing ethnicities, preserving social tranquility and the unity of the motherland in ethnic regions, realizing ethnic harmony and a common unified struggle and a common prosperous development of all ethnicities.

Article 22: The Sate lawfully protects citizens' freedom of religious belief and regular religious activities, upholds the principle of religions managing themselves, guarding against and lawfully punishing the exploitation of religion to conduct illegal and criminal activities, and opposes foreign influences interference with domestic religious affairs, maintaining normal order of religious activities.

The State stops cult organizations in accordance with law, preventing, lawfully punishing and correcting illegal and criminal cult activities.

Article 23: The State opposes all forms of terrorism, and increases the capacity to prevent and handle of terrorist activities, developing efforts in areas such as intelligence, investigation, prevention, handling and capital monitoring in accordance with law, lawfully putting an end to terrorist organizations and strictly punishing violent terrorist activities.

Article 24: The State completes effective institutional mechanisms for prevention and resolution of social conflicts, completes the public safety system; actively preventing, reducing and resolving social contradictions; improve the handling of food and drug safety incidents, infectious disease incidents, and other types of outbreak that influence national security and social stability; promoting social harmony and preserving public safety and societal tranquility.

Article 25: The State improves systemic mechanisms for scientific innovation, increasing the capacity for independent innovations; accelerates the development of strategic high-technology with independent intellectual property rights and key technologies in important fields; increase the creation, use and protection of intellectual property rights; increase the capacity for technological secrecy, ensuring security of major technologies and projects.

Article 26: The State establishes a national network and information security safeguard system, raising the capacity to protect network and information security; increasing innovative research, development and use of network and information technologies; to bring about security core techniques and key infrastructure for networks and information, information systems in important fields, as well as data; increasing network management, preventing and punishing unlawful and criminal activity on networks such as network attacks, cybertheft, and dissemination of unlawful and harmful information; preserving cyberspace sovereignty, security and development interests.

Article 27: The State improves ecological and environmental protection systems, drawing red lines for ecologic protections, expanding the force of ecological construction and environmental protection, fortifying early warning and prevention mechanisms for ecologic risks, improving disposition of prominent environmental incidents, ensuring the air, water, soil and other natural environmental conditions upon which the people rely are not threatened or destroyed, to bring about harmonious development of man and nature.

Article 28: The State improves the system for strategic reserves, effectively managing and controlling stategic the exploitation of strategic resources and energy sources, rationally using and protecting resources and energy sources, improving the establishment of strategic paths for transport of resources and energy sources and security protection measures, increasing international cooperation on resources and energy sources, comprehensively raising safeguard capacity for response, and ensuring the sustainable, reliable and effective provision of resources and energy sources necessary for economic and social development.

Article 29: The State persists in the peaceful use of nuclear power and nuclear technology, preventing the proliferation of nuclear technology and improving diffusion mechanisms; strengthening management, oversight and protection of nuclear materials, nuclear activities, and disposal of nuclear waste; and increasing the capacity of response mechanisms for nuclear incidents, ensuring the citizens' are safe from the harms of nuclear threats, nuclear attacks and nuclear incidents.

Article 30: The State takes necessary measures in accordance with law to protect the security and lawful rights and interests of overseas Chinese citizens, organizations and institutions; and ensures the nation's overseas interests are not threatened or encroached upon.

Chapter III: Duties of preserving national security

Article 31: The National People's Congress decides issues of war and peace in accordance with Constitutional provisions, and implements constitutional provisions' other duties relating to national security.

The Standing Committee of the National of the National People's Congress declares states of war and full or partial mobilizations, in accordance with constitutional provisions, and decisions for the nation or individual provinces, autonomous regions, or directly governed municipalities to enter a state of emergency; and excercises the other powers involving national security invested by constitutional provisions and the National People's Congress.

Article 32: The President of the People's Republic of China, on the basis of the National People's Congress decision and the decision of the Standing Committee of the National of the National People's Congress, announces entry into a state of emergency, announces a state of war, issues mobilization orders, and exercises other powers related to national security provided for by the Constitutional provisions.

Article 33: The State Council, on the basis of the Constitution and laws, drafts administrative regulations and rules related to national security, providing for relevant administrative measures, release relevant decisions and orders; implements national security laws, regulations and policies; follows the law to decide on some regions at the provincial, autonomous region, or directly governed municipality scale entering a state of emergency; exercises other powers given by the Constitution, laws, regulations and the National People's Congress and it's Standing Committee.

Article 34: The central military commission leads the national armed forces, decides military strategy and armed forces combat objectives, uniformly directs military actions for maintaining national security, and drafts military regulations for national security and releases relevant decisions and orders.

Article 35: All departments of central state organs divide labor in accordance with their duties, fully implementing national security directives and policies, and laws and regulations, managing and guiding national security efforts in that system or field.

Article 36: All levels of local people's congress and standing committees of people's congresses at the county level or above ensure compliance with and enforcement of national security laws and regulations within that administrative region.

Local people's governments at all levels follow laws and regulations to manage national security efforts in that administrative region.

The Hong Kong Special Administrative Region, and Macao Special Administrative Region shall fulfill responsibilities for the preservation of national security.

Article 37: People's courts exercise the power of adjudication and people's procuratorates follow legal provisions to exercise procuratorate powers in accordance with legal provisions, to punish crimes endangering national security.

Article 38: State security organs and public security organs lawfully collect intelligence information related to national security, and perform their duties in accordance with law to investigate, detain, do pretrial work and conduct arrests as well as other duties provided by law.

Relevant military organs and military security departments lawfully perform their duties in accordance with law in the course of national security efforts.

Article 39:All levels of state organs and their employees shall implement the principle of preserving national security.

All levels of state organs and their personnel shall strictly handle matters in accordance with law when working on national security efforts and activities related to national security, and must exceed or abuse their authority, and must not infringe the lawful rights and interests of individuals or organizations.

Chapter IV: National Security Institutions

Section 1: Ordinary Provisions

Article 40: The Central leading institution on national security carries out a national security system and working mechanisms that combine centralization and decentralization with highly effective coordination

Article 41: The State establishes coordination mechanisms for national security efforts in key fields, planning overall coordination of relevant central functional departments advancement of relevant work.

Article 42: The State establishes mechanisms for oversight, urging, inspections and pursuit of responsibility in national security efforts, ensuring the national security strategy and major deployments are fully implemented.

Article 43: All departments and all regions shall employ effective measures to fully implement the national security strategy.

Article 44: On the basis of national security work requirements, the state establishes mechanisms for cross-departmental consulation, to hold consulatation on major matters in efforts to maintain national security.

Article 45: The state establishes coordination and linkage mechanisms on national security between the center and localities, between departments, between military and civilians and between regions.

Article 46: The state establishes mechanisms for national security decision making consultation, organizing experts and relevant parties to carry out national security analysis of the national security situation and advance the scientific decision making in national security.

Section 2: Intelligence Information

Article 47: The state establishes a system for gathering, assessing and using intelligence information, that is uniform and centralized, adeptly reactive, accurate and effective and smoothly operational; and establishes mechanisms for the prompt collection, accurate assessment and effective use and sharing of intelligence information

Article 48: state security organs,public security organs and relevant military organs gather intelligence related to national security dividing labor on the basis of their duties and in accordance with law.

Article 49: All levels and department of state organs shall promptly report up information relevant to national security that they acquire in the course of performing their duties.

Article 50: The conduct of intelligence information efforts shall fully utilize contemporary scientific and technical techniques, strengthening the distinction, screening, synthesis and analytic assessment of intelligence information.

Article 51: The reporting of intelligence information shall be prompt, accurate, objective, and must not be late, have ommissions conceal the truth or contain false information.

Section 3: Risk prevention, assessment and early warnings

Article 52: The State formulates and improves risk plans for national security in all fields.

Article 53:The State establishes national security risk assessment mechanisms periodically carrying out national security risk assessment in each field.

relevant departments shall periodically submit national security risk assessment reports to the central leading institution on national security

Article 54: The state completes national security risk early warning systems, and in accordance with the degree of national security risk, promptly release related risk warnings.

Article 55: Local people's governments at the county level or above and their relevant competent departments shall immediately report to the people's government at the level above and it's competent departments regarding national security incidents that might soon occur or have already occurred, and when necessary may report up several levels.

Section 4: Review and regulation

Article 56:The State establishes institutional mechanisms for national security review and regulation, effectively preventing and resolving national security risks.

Article 57: Each department of central state organs is responsible for national security reviews and regulation within the scope of the depatment's duties in accordance with law and administrative regulations.

Article 58: Pprovinces, autonomous regions, and directly governed municipalities are responsible for national security review and regulation in their administrative region

Section 5: Crisis Management

Article 59: The establishes a national security crisis management system with uniform leadership, coordinated linkages, that is orderly and highly effective.

Article 60: Where an especially major incident endangering national security occurs, relevant central departments and regions follow the uniform deployment of the Central leading institution on national security, lawfully initiate emergency response plans, and employ control and management disposition measures.

Article 61: Where an especially major incident endangering national security occurs requiring entry into a state of emergency, state of war or general mobilization or partial mobilization, the National People's Congress and the Standing Committee of the National People's Congress or the State Council follow the scope of authority and procedural decisions in the Constituion and relevant legal provisions.

Article 62: After the State decides to enter a state of emergency, state of war or to mobilize national defense, relevant organs performing national security crisis management and control follow legal provisions or provisions of the Standing Committee of the National People's Congress in accordance with law, and have the right to employ special measures limiting citizens and organizations rights, increase citizens and organizations obligations.

Article 63: Relevant organs performing national security crisis management and control adopting measures to address national security crises shall fit them to the nature, extent and scope of the harm that might be caused by the national security crisis.

Article 64: The state completes national security crisis information reporting and release mechanisms

After national security crises occur, relevant organs performing national security crisis management and control duties shall follow provisions to promptly and accurately report, and make uniform announcements on the occurrence, development, control and management and aftermath of the national security crisis.

Article 65: After national security threats and crisis have been controlled or eliminated, control and management measures shall be promptly lifted and aftermath efforts done well.

Chapter 5: Safeguarding National Security

Article 66: The state complete a system of national security safeguards, increasing capacity to maintain national security.

Article 67: Complete the system of laws on national security, promoting the establishment of national security rule of law.

Article 68: The state increases investment in all matters of national security construction to ensure that national security efforts have the necessary funds.

Article 69: Units undertaking national security strategic stockpile tasks, shall follow the relevant national provisions and standards to stockpile, protect and maintain national security reserves, and periodically adjust and change them to guarantee the effectiveness and security of the stockpile reserves.

Article 70: Technological innovation is encouraged in the national security field, fully bringing into play the role of technology in maintaining national security.

Article 71: The sate employs necessary measures to recruit, cultivate and manage professional talent and special talent in national security efforts.

As needed by efforts to maintain national security, the State lawfully protects the identity and lawful rights and interests of personnel at state organs specially engaged in national security efforts, increasing the extent of physical protections and placement safeguards.

Article 72: State security organs, public security organs and relevant military organs carrying out special national security efforts may lawfully employ necessary means and methods, and relevant departments and regions shall provide support and cooperation within the scope of their duties.

Article 73: Strengthen press publicity and public opinion guidance on national security. National security education is included into the citizens' education system and public officials' education training systems, strengthening the awareness of the entire populace.

April 15 of each year is national security education day. The state use many forms to develop national security publicity and educational activities.

Chapter VI: Rights and Duties of Citizens and Organizations

Article 74: Citizens and organizations shall perform the following obligations to maintain national security:

(1) Obeying the relevant provisions of national laws, regulations regarding national security;

(2) promptly reporting leads on activities endangering national security;

(3) Protecting and truthfully providing evidence of activities endangering national security.

(4) Providing conditions to facilitate national security efforts and other assistance;

(5) Keeping state secrets they learn of confidential;

(6) Providing public security organs, state security organs or military organs with relevant data, information or technical support.

(7) Other obligations provided by law.

Individuals and organizations must not act to endanger national security, and must not provide any kind of support or assistance to individuals or organizations endangering national security.

Article 75: State organs, mass organizations, enterprises, public institutions and organizations and social organizations shall cooperate with relevant departments in employing relevant security measures as required by national security efforts. shall educate their units' personnel on the maintaining national security , and mobilize and organize them to prevent conduct endangering national security.

Article 76: Enterprises, public institutions and organizations shall cooperate with relevant departments in employing relevant security measures as required by national security efforts.

Article 77: Citizens and organizations conduct supporting or assisting national security efforts is protected by law.

Where due to supporting or assisting national security efforts, a person or his close relatives face a threat to their physical safety, they may request protection from the public security organs and state security organs. Public security organs and state security organs shall employ protective measures together with relevant departments.

Article 78: Where citizens and organizations suffer asset losses caused because they supported or assisted national security work follow the relevant national provisions to obtain compensation; where physical injury or death was caused, follow relevant national provisions to give bereavement benefits.

Article 79: Citizen's and organizations have the right to raise criticisms and recommendations to state organs regarding national security efforts, and have the right to file complaint appeals, accusations or reports regarding unlawful activity of state organs and their personnel.

Article 80: In national security work, when special measures are required that restrict the rights and freedoms of citizens, they shall be conducted in accordance with law, and limited by the actual needs to of safeguarding national security.

Article 81: Violations of this law and other relevant laws,by failing to perform national security obligations or engaging in activities endangering national security, shall be investigated for legal responsibility according to law.

Chapter VII: Supplementary provisions

Article 82: This Law is to be implemented from the date of its promulgation.

 

Legal Committee of the National People's Congress report on revisisions to the People's Republic of China National Security Law (draft)

The 12th Meeting of the Standing Committee conducted the first reading of the PRC National Security Law (Draft). After the meeting, the Legislative Work Committee sent the draft to each province (autonomous region, municipality), relevant central departments and units for solicitation of comments. 法律委员会和法制工作委员会联合召开座谈会,听取部分全国人大代表和中央有关部门的意见,多次与中央国家安全委员会办公室共同研究。 法律委员会于4月3日召开会议,根据常委会组成人员的审议意见和各方面意见,对草案进行了逐条审议。 The comrades in charge of he general office of the central national security commission and the State Council office of legal affairs attended the meeting. On April 10, The Legal Committee convened a meeting, again conducting deliberations. The following report on the major issues of revisions to the National Security Law (Draft) are hereby reported as follows:

I. Article 3 of the Draft provided that National security efforts shall adhere to a comprehensive understanding of national security and take a national security path with Chinese characteristics. A few standing committee members, delegates., departments and areas pointed out that having a comprehensive national security outlook as the guiding ideology is extremely important, but the Draft's description is overly general, and suggest further specificity, clarifying the meaning of a comprehensive national security outlook. On the basis of the spirit of President Xi Jinping's important speech at the first meeting of the Central National Security Commission, and combined with the relevant content of the Draft's article 3, it is suggested that article 3 be revised as :"National security efforts shall adhere to a comprehensive understanding of national security, make the security of the People their goal, political security their basis and economic security their foundation, make military, cultural and social security their safeguard and rely on international security to protect national security in all areas and build a national security system and follow a path of national security with Chinese characteristics." (Second Reading Draft Article 3)

II. Chapter IV, Section 2 of the Draft provided for a "National Security Strategy". 有些常委会组成人员、部门和地方提出,国家安全战略是党和国家在一个时期维护国家安全的方针政策和目标任务,是维护国家安全的顶层设计,是管全局的,建议把制定国家安全战略的规定从第四章移至总则作出规定。 法律委员会经研究,建议采纳这一意见,并进一步明确国家安全战略涉及的主要内容,规定:“国家制定并不断完善国家安全战略,全面评估国际、国内安全形势,明确国家安全战略的指导方针、中长期目标、重点领域的国家安全政策、工作任务和措施。 (Second Reading Draft Article 6)

III. Chapter II of the Draft provides tasks for preserving security of in areas such as sovereignty, territory, military, and economics. 有些常委会组成人员、代表、部门和地方提出,除了草案规定的安全领域,还有一些安全领域也很重要,建议根据维护国家安全的需要,再增加一些重要领域的安全任务,同时建议对这一章规定的有关安全任务作进一步完善。 法律委员会经研究,建议对第二章有关国家安全任务作如下修改:一是,将草案第十四条第二款禁止性规定之后规定的“巩固党的执政地位”的内容移前至第一款,将这一款修改为:“国家坚持中国共产党的领导,维护中国特色社会主义制度,发展社会主义民主政治,保障人民当家作主的各项权利,强化权力运行制约和监督机制,健全社会主义法治,维护宪法法律权威”(草案二次审议稿第十三条)。 二是,在经济安全中增加保障“关系国民经济命脉的重要行业和关键领域”、“重大基础设施”安全的规定(草案二次审议稿第十七条)。 三是,增加金融安全一条,规定:“国家健全金融宏观审慎管理和金融风险防范、处置机制,加强金融基础设施和基础能力建设,防范发生系统性、区域性金融风险,防范和抵御国际金融风险的冲击”(草案二次审议稿第十八条)。 四是,增加粮食安全一条,规定:“国家健全粮食安全保障体系,健全国家粮食安全预警制度,落实国家粮食储备责任,完善粮食流通体系和市场调控机制,保障粮食供给”(草案二次审议稿第十九条)。 五是,在文化安全中增加“加强社会主义核心价值观教育和宣传”、“防范和抵御不良文化的渗透”的规定(草案二次审议稿第二十条)。 六是,在网络与信息安全中增加国家“建设国家网络与信息安全保障体系,提升网络与信息安全保护能力”、“维护国家网络空间主权”的规定(草案二次审议稿第二十六条)。 此外,将草案第二十九条关于人民安全的规定移至本章第二条,突出维护国家安全“以人民安全为宗旨”。 (Second Reading Draft Article 14)

IV. Chapter IV of the draft provides mechanisms and systems for a national security strategy, intelligence information, risk prevention and assessment, review and monitoring, and threat control and handling. 有些常委会组成人员、部门和地方建议,对各项国家安全制度机制的相关规定进一步整合细化。 法律委员会经研究,建议对有关条文作如下修改:一是,将草案第四十条第二款关于建立国家安全工作督促检查机制的规定,与草案第四十六条关于建立国家安全战略实施执行情况的监督检查和评估机制的规定合并,并增加关于建立责任追究机制的内容,规定:“国家建立国家安全工作督促和责任追究机制,确保国家安全战略和重大部署贯彻落实”(草案二次审议稿第四十二条)。 二是,将草案第四十七条关于情报信息收集研判制度的规定,与草案第五十二条关于情报信息使用制度的规定合并,规定:“国家健全统一归口、反应灵敏、准确高效、运转顺畅的情报信息收集、研判和使用制度,建立情报信息工作协调机制,实现情报信息的及时收集、准确研判、有效使用和共享”(草案二次审议稿第四十七条)。 三是,进一步明确并细化报告和发布处置国家安全危机信息的主体以及相关要求,将草案第六十五条第二款修改为:“国家安全危机事件发生后,履行国家安全危机管控职责的有关机关,应当按照规定准确、及时报告,并依法将有关国家安全危机事件发生、发展、管控处置及善后情况统一发布。 (Second Reading Draft Article 64)

Fifth, the Draft Law's sixth Chapter, in its articles 79, 80 and 81, set down rules about the duties of organizations and citizens, respectively. Some Standing Committee members argued that since national security was concerned with core national interests, this Law ought to emphasize the duty of organizations and citizens to safeguard national security, and suggested that the rules on duties be put before those on rights. Having studied these suggestions the Law Committee recommends adopting this suggestion and reordering the sequence of provisions accordingly. At the same time, the phrases " obey the relevant provisions of national laws and regulations on national security'' and "must not act to endanger national security" were added to the provisions on citizens' and organizations' duties to protect national security. (Second Reading Draft Articles 74, 75, and 76)

In addition, some linguistic changes were also made to the draft.

 

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