Since the new version of the "Counterespionage Law of the People's Republic of China" (hereinafter referred to as the "Counterespionage Law") was revised and passed in April 2023, it has received widespread respect and support from the international community. However, some external forces have "blackmailed" the law out of fear of being "slapped in the face". The bad mentality of "protecting one's shortcomings" for fear of being "exposed", and "throwing the blame" for fear of being "taken over" has criticized, distorted and smeared my country's normal counterintelligence legislation and law enforcement work. However, the fact is that the revision of the Counterespionage Law was introduced at the right time, with standardized procedures and clear powers and responsibilities. It has effectively deterred the arrogance of overseas spy agencies and made the general public feel more at ease.
The opportunity to amend the Counterespionage Act is “timely”
Currently, on the new journey of comprehensively promoting the great rejuvenation of the Chinese nation with Chinese-style modernization, our country's development stands at a new historical starting point. The external environment and security pattern have undergone major changes. The revision of the "Counterespionage Law" can be said to be at the right time. , in response to its trend.
Implement the new spirit and new arrangements of the Party Central Committee. The revision and promulgation of the "Counterespionage Law" is an important achievement in implementing the spirit of the 20th National Congress of the Communist Party of China. It is an important improvement to the national security legal system with Chinese characteristics and promotes the implementation of the Party's innovative theories on hidden fronts in an institutionalized and legalized manner. Taking root, it has great guiding significance for deepening the anti-espionage struggle in the new era and new journey, and provides strong legal support for writing a new chapter of "governance of national security with Chinese characteristics" in the new era and new journey.
Adapt to the new situation in the counterintelligence struggle. At present, open battles and covert struggles in the field of national security are taking place in turn. The subjects of various espionage and sabotage activities are more diverse, the goals are more complex, the scope is broader, the methods are more covert, and the harm is more serious. The counter-espionage struggle situation is severe and complex. Recently, the national security agencies have fully fulfilled their counterintelligence responsibilities and have successively solved and exposed a series of cases such as the US Central Intelligence Agency (CIA) espionage case and the British Secret Intelligence Service (MI6) espionage case, effectively safeguarding our country's national sovereignty, security, and development interests. This fully demonstrates that revising the Counterespionage Law is an urgent need to strengthen the fight against espionage under the new situation. It provides a powerful legal weapon for preventing and cracking down on various espionage activities and safeguarding national security under the new situation. It also provides a way to ensure new development with a new security pattern. pattern and ensuring high-quality development with high-level security to lay a solid foundation for the rule of law.
The legislative form of the Counterespionage Act is “suitable”
Preventing and cracking down on espionage activities and safeguarding national security through legislation is a common practice in the international community. China's revision and promulgation of the "Counterespionage Law" based on safeguarding its own national security is a legitimate and just act.
It is the consensus of all countries to attach great importance to counterintelligence work. Espionage arises with the emergence of a country. Due to the sensitivity of its behavior, the political nature of its purpose, the foreign-related nature of the subject, the secrecy of its form, the uncontrollable impact and the irreparable nature of the damage, espionage has become a threat to the country. It is one of the most serious behaviors among many security factors, and all countries have severely cracked down on it. China safeguards national security in accordance with the law and carries out counter-espionage operations, which is an upright and just act.
Developing counterespionage legislation is standard for major countries. It is a common international practice to prevent and regulate espionage activities and to regulate legislation to prevent the leakage of state secrets and safeguard national security. The United States passed the Espionage Act in 1917 and promulgated the world's first Economic Espionage Act in 1996; the United Kingdom introduced a national security bill in 2023, adding criminal offenses such as "sabotage" and "foreign interference"; France is the first country in the civil law system to Among the countries with the most detailed legislation on espionage crimes, France’s criminal code contains 12 articles involving espionage crimes; Russia has detailed provisions on espionage behaviors and their penalties in the Russian Federation’s Criminal Code.
The Espionage Act’s legal powers are “modest”
The revision and promulgation of the "Counterespionage Law" strictly abides by relevant Chinese domestic laws, the procedures are rigorous and compliant, and the powers and responsibilities are clear and clear, which fully reflects the openness, transparency, and clarity of China's legislative activities.
The revision procedure is scientifically disclosed. During the revision process of the Counterespionage Law, the full text of the revised draft was published to solicit public opinions; the legislative work department widely solicited opinions from all aspects of society through various methods such as holding symposiums, demonstration meetings, and on-site surveys of front-line law enforcement units. The drafting and deliberation process of the revised draft of the "Counterespionage Law" strictly followed the requirements of the "Legislative Law of the People's Republic of China". The feasibility, timing, social effects and possible problems of the main provisions of the revised draft were evaluated before legislative adoption, and The constitutionality of the revised draft shall be reviewed in accordance with the law, fully embodying the principles of scientific legislation, democratic legislation, and legislation in accordance with the law.
Coordinate authority relationships. The "Counterespionage Law" properly handles the relationship between empowerment and power restriction, and strengthens supervision and restrictions on the exercise of public power. In terms of empowerment, we will further strengthen the centralized and unified leadership of the Party Central Committee on counterintelligence work, improve the definition of espionage in a targeted manner, strengthen the counterintelligence law enforcement and supervision responsibilities of national security agencies, improve counterintelligence investigation and handling measures, and expand the applicable types and types of administrative penalties. Scope; in terms of power restrictions, the Counterespionage Law clearly stipulates that “counterespionage work shall be carried out in accordance with the law, respecting and protecting human rights, and safeguarding the legitimate rights and interests of individuals and organizations.” At the same time, the "Counterespionage Law" establishes a special chapter on "Guarantee and Supervision" to further clarify the regulatory requirements for law enforcement by national security agencies, tighten the approval procedures, and strengthen supervision of illegal acts by national security agency staff.
(CCTV News Client CCTV reporter Li Benyang)