Adhering to the principle of "active defense" and revising the Anti Spy Law is necessary for maintaining national security
CCTV News: On July 1st of this year, the newly revised Anti Espionage Law was officially implemented. Some overseas media have expressed so-called "concerns" about this and have exaggerated that the newly revised Anti Espionage Law will affect the investment and business environment, even attacking and smearing normal legislative activities in China. In response to these situations, the Ministry of National Security recently responded that it is an international practice to prevent and combat espionage activities and maintain national security through legislation.
The relevant person in charge of the Ministry of National Security stated that revising the Anti Espionage Law is necessary to maintain China's national security. The purpose of this revision of the Anti Espionage Law is to prevent, stop, and punish various espionage illegal and criminal activities carried out by espionage and intelligence agencies, and does not target companies and their personnel who operate, invest, or work legally in China. Article 2 of the Anti Espionage Law clearly stipulates that China's anti espionage work adheres to the principle of "active defense", which clearly reflects the justice of China's anti espionage work. Some foreign media have misread the Anti Espionage Law by linking China's lawful investigation and handling of espionage activities with normal communication and cooperation between the state, enterprises, and personnel.
In the revision of the Anti Espionage Law, the scope of objects for relevant entities to steal secrets has been moderately expanded. In the determination of espionage behavior, relevant provisions have been added for the theft, espionage, bribery, and illegal provision of other documents, data, materials, and items related to national security and interests. Some foreign media have expressed concern about how to define the behavior in this provision.
The relevant person in charge of the Ministry of National Security stated that the premise of this definition is illegal behavior, and companies and their personnel who comply with Chinese laws and provide normal business services are not bound by this provision. At the same time, this definition clarifies the boundary between illegal and lawful behavior, facilitates social awareness, and enhances the certainty of the company and its personnel conducting business legally in China. Moreover, this definition is a common practice in legislation in various countries. Most countries regard the acquisition, collection, copying, leakage, and provision of various documents, materials, information, items, trade secrets, etc. that are detrimental to national security or interests as acts of espionage.
In addition, the relevant person in charge of the Ministry of National Security emphasized that China is a country under the rule of law, and law enforcement agencies have always adhered to strict adherence to the law. The Anti Espionage Law clearly requires that "anti espionage work should be carried out in accordance with the law" and "protect the legitimate rights and interests of individuals and organizations", fully reflecting the principle of the rule of law and the unity of punishing espionage behavior and respecting and protecting human rights. For espionage activities that endanger the national security of the People's Republic of China, law enforcement agencies will strictly investigate and handle them in accordance with legal provisions; The legitimate rights and interests of individuals and organizations shall be protected by national security organs in accordance with the law.
