Politburo Meetings - CCP@102 - GDI Progress Report - US' 'Extraterritorial Jurisdiction' - Tibet-Qinghai Rail Connection - Explanation of Counter-Espionage Law Revisions
Hi folks, over the weekend, there was a report on the Politburo meeting and a study session. I’ll cover these first below before getting to today’s paper.
First, on Saturday, PD reported (detailed English report) that the Politburo reviewed the Guidelines on Policies and Measures Supporting the High-standard and High-quality Construction of Xiong'an New Area. The report said that:
“Currently, the focus of the work related to Xiong’an New Area has shifted to its high-quality construction, high-level management and high-quality development for relieving Beijing of its non-essential functions. It is of significance to formulate a raft of supporting policies for coordinating Xiong’an’s role to take over Beijing’s non-essential functions with its large-scale construction and development as well as its high-standard and high-quality construction.”
It added: “Efforts must be made for landmark relocation projects to be constructed in Xiong’an, actively explore and follow the laws of city construction and development, promote efficient and economical utilization of resources, pursue green and low-carbon development, control the construction scale and pace in a rational manner, so that ‘Xiong’an quality’ can be created. It is important to explore and innovate, and to do something on trial basis at the beginning, and properly manage the relationship between the present and the future, and that between the government and the market. Reforms and innovative measures in relevant areas should be implemented in Xiong’an New Area in a targeted manner, and work should done to optimize the business environment, strengthen the capacity for scientific and technological innovation, and develop high-end, new and high-tech industries, so as to strengthen Xiong’an New Area’s capacity of self-development. It is important to focus on the urban governance framework, public service systems, and the like to strengthen the forward-looking design of the operational management system for the future urban development of Xiong’an New Area. It is necessary to actively explore new models of modern urban governance with Chinese characteristics.”
The final paragraph talks about upholding Party leadership when it comes to the development of the region; this is largely in the context of getting local governments to act as required. One key point is to “select and appoint officials so as to build a team of high-quality and professional officials who are politically committed, competent, clean and honest, have awareness of reform, and dare to explore.”
Next, on Sunday, there was a report (detailed English report which I am relying on) on the sixth study session of the 20th Politburo of the CPC on Friday. This focussed on the theme of “opening up a new realm in the sinicization of Marxism.” Li Wentang, vice president of the Central Party School delivered a lecture. After this, Xi Jinping delivered a speech.
Xi said that the Party’s success has been a product of:
a good command of the scientific theory of Marxism
ability to constantly innovate its theories in light of new realities
the CPC’s ability to keep emancipating the mind, seeking truth from facts, keeping up with the times and being realistic and pragmatic
“We owe the success of our Party and socialism with Chinese characteristics, at the fundamental level, to the fact the Marxism works, particularly when it is adapted to the Chinese context and the needs of the times. This is a conclusion that has stood the test of time. We must continuously further our understanding of the Party's theoretical innovation, and make greater achievements in this regard on the new journey in the new era.”
He added: “we shall never abandon the soul of Marxism and the root of fine traditional Chinese culture. Upholding such soul and root is the basis and prerequisite for theoretical innovation. To achieve theoretical innovation, we will definitely have different discourse. But we should never cease to draw on our fine traditional culture. Disowning Marxism and our own traditional culture means cutting off the soul and root, which will lead to the catastrophic mistake of losing both. We must adhere to Marxism, on which the development and prosperity of our Party and our country are based. We must continuously develop Marxism on the basis of our own rich culture that has evolved in our long history. We should have greater confidence in our history and culture, and stick to the principle of making the past serve the present and putting forth new ideas.”
He added: ”The era is the mother of thought, and practice the fount of theory. All epoch-making theories are the results of the needs of the times. The theory for observing, understanding, and steering the trends of the times must represent the voice of the times, and should not be detached from the reality of its times…Xi stressed that advancing theoretical innovation must be based on practical experience but never daydream in an ivory tower. We must discover and develop truth in practice, and realize truth and test truth in practice.”
“In an era when the overall strategy for the great rejuvenation of the Chinese nation and the momentous changes unseen in a century are progressing rapidly and interacting with each other, humanity faces many urgent and common problems that need to be solved. Various fronts in China, such as reform, development, stability, domestic and foreign affairs, national defense, and governance of the Party, the country and the military, are also facing a raft of new major issues. The questions posed by China, the world, the people, and the times are more complex and difficult than in the past. It is urgent for us to provide answers by combining theory and practice. It is important to have a broad view of history and grasp the trajectory and correct direction of world development with a broader perspective and a more far-sighted vision. It is imperative to understand the major logic and trends of China's social development and humanity's development, and grasp the historical evolution and practical requirements of Chinese modernization. We should deepen our understanding of promoting high-quality development and building a new development paradigm in the context of a new round of technological revolution, the global economic development landscape, and the stage-specific characteristics of China's development. We also need to deepen our understanding of the strategic thinking of the Party's self-reform, based on comparison with the fates of Marxist political parties in the world and on the practical tests facing our Party in its long-term governance. We need to put forward sound concepts and effective solutions in a comprehensive and systematic manner to solve practical problems, so as to let Marxism of contemporary China and of the 21st century showcase stronger and more persuasive power of truth.”
Xi then said that the “development of the (Xi Jinping) Thought on Socialism with Chinese Characteristics for a New Era is a process featuring constant enrichment, expansion, systematization and rationalization” of the Party’s theory, and one must continue “strengthening theoretical research and interpretation” “so as to educate and guide the whole Party and the whole country to better study and understand the theoretical system of the” Xi’s thought.
He ends with the following:
“To continuously advance the Party’s theoretical innovation, we must firmly follow the mass line and avoid working behind closed doors, and must act, not just talk or indulge in daydreaming. It is imperative to respect the pioneering spirit of the people, attach importance to summarizing fresh experience from their creative practices, transform it into rational knowledge, make new theoretical achievements, and strive to make the Party's innovative theories thoroughly understood by hundreds of millions of people. By doing so, these theories can correspond to people's desire, gather the wisdom of the people, meet people's will and win the support of the people.”
Finally, over the weekend, the Communist Party marked its 102 anniversary. On Saturday, the CCP’s statistical bulletin was published in PD. It informs that:
1. The Party had 98.041 million members as of 2022, a net increase of 1.329 million or 1.4% over the end of 2021.
2. Among these: there are 29.302 million female party members, accounting for 29.9% of the total party members. There are 7.445 million ethnic minority members, accounting for 7.6% of the total. There are 53.654 million party members with a college degree or above, accounting for 54.7% of the total.
3. 12.435 million party members are aged 30 and below, 11.50 million party members are aged 31 to 35, 10.356 million party members are aged 36 to 40, 8.966 million party members are aged 41 to 45, 9.291 million party members are aged 46 to 50, and party members are aged 51 to 55 8.975 million, 9.159 million party members are aged 56 to 60, and 27.359 million party members are aged 61 and above.
4. Data on when people joined the Party.
96,000 people joined the Party before the founding of New China
13.609 million people joined the Party after the founding of New China and before the Third Plenary Session of the Eleventh Central Committee
60.532 million people joined the Party after the Third Plenary Session of the Eleventh Central Committee of the Party and before the 18th Party Congress
23.805 million people have joined the party since the 18th Party Congress
5. Data on professional engagement of Party members:
6.649 million workers (workers and skilled workers)
26.032 million farmers, herdsmen and fishermen
15.898 million professional and technical personnel in enterprises, institutions and social organizations
11.265 million management personnel in enterprises, institutions and social organizations
7.784 million workers in party and government agencies
2.901 million students
7.645 million other professionals
19.867 million retirees
6. In 2022, 2.449 million party members were recruited. Among these, 45.5% were women and just 256,000 ethnic minorities were recruited, accounting for 10.5% of the total. 1.988 million party members aged 35 and under were recruited, accounting for 81.2%. There are 1.259 million party members with college degrees or above, accounting for 51.4%. One interesting datapoint in this is that in 2022, 1.288 million members were recruited in the front line of production and work.
7. There are 5.065 million grassroots organisations in the country, a net increase of 129,000 or 2.6% over the end of 2021.
Now, let’s look at Monday, July 3rd’s edition
Page 1: There’s a report on Vice President Han Zheng’s speech at the 11th World Peace Forum at Tsinghua University in Beijing. Xinhua reports:
“Han said that in the face of profound changes in the international situation, China has put forward a series of major initiatives, such as the Global Development Initiative, the Global Security Initiative, and the Global Civilization Initiative, constantly enriching the connotation and practical path of the concept of building a community with a shared future for humanity, and injecting strong positive energy into world peace and development. China is ready to work with other countries to safeguard world peace and security, seek global development and prosperity, advocate exchanges and mutual learning among civilizations, and share the fruits of human development, security, and civilization, Han said. He put forward four suggestions.”
First, he called for upholding independence and mutual respect, supporting all efforts to independently explore the path of democratic development, and respecting the exploration of the path of value realization by people in different countries.
Second, he stressed resolving conflicts through dialogue and consultation. The international community, especially influential major countries, should take a clear stand to promote peace talks and mediation in light of the needs and aspirations of the countries concerned so as to build mutual trust, resolve disputes and promote security through dialogue, Han said.
Third, he urged firmly upholding and practicing multilateralism to make global governance more just and equitable.
Fourth, Han called on all sides to promote inclusiveness, mutual benefit, and win-win results.
Next, there’s a report on the China-Africa Economic and Trade Expo. The report informs that:
A total of 120 projects were signed, amounting to $10.3 billion in value.
Ninety-nine cooperation projects were unveiled, totaling $8.7 billion
11 African countries contributed to these numbers by launching 74 projects
China’s trade with BRI countries from January to May totaled 5.78 trillion yuan, an increase of 13.2%. In this, China-Africa trade was at 822.32 billion yuan, a year-on-year increase of 16.4%. 海关数据显示,今年前5个月,我国对“一带一路”沿线国家合计进出口5.78万亿元,增长13.2%。其中,出口3.44万亿元,增长21.6%;进口2.34万亿元,增长2.7%。今年前5个月,中非贸易延续良好势头,进出口值8223.2亿元,同比增长16.4%.
Page 2: A few reports to note. First, on Friday, the PBoC raised the relending and rediscounting quotas for the agriculture sector and small and micro firms by RMB 200 billion (27.68 billion). Among them, the amount of re-lending for supporting agriculture, for small and micro enterprises and rediscounting have been increased by 40 billion yuan, 120 billion yuan and 40 billion yuan respectively, and the increased amount was 800 billion yuan, 1.76 trillion yuan and 740 billion yuan, respectively.
Second, a brief report informing that HSR has begun operations on the Xining-Golmud section of the Qinghai-Tibet Railway line on Saturday. The travel time has now been reduced to five and a half hours.
Page 3: There’s a report on the 43rd Chinese naval escort taskforce successfully concluded its visit to Ghana. GNA reports that the taskforce comprises a destroyer - Nanning, a frigate - Sanya, and a supply ship, along with two ship-borne helicopters and 700 troops. The PD report says that over 50 Ghanaian naval officers and soldiers visited the Sanya vessel. They conducted joint exercises, coordination exchanges, and a friendly basketball match. There was also a reception on board the Nanning. Finally, the the PLAN naval taskforce also conducted joint search and rescue, anti-terrorism and anti-piracy exercises with the Ghanaian Coast Guard.
Prior to Ghana, the taskforce visited Côte d'Ivoire. There, Chinese officials met with the Deputy Chief of Staff of the Ivorian Military, the Chief of Naval Staff, and the Commander of the Port of Abidjan. The Chinese naval vessels and the Ivorian patrol vessel Contre Admiral Fadika conducted the training drill on subjects including joint search and rescue, anti-terrorism and anti-piracy, and formation sailing.
Next, there’s a brief report informing that China’s Qu Dongyu was re-elected on Sunday for a second term as head of the UN’s Food and Agriculture Organization. Third, there’s a report on Chen Xu, head of the Chinese Mission to the UN in Geneva, delivering a joint statement on behalf of 60-odd countries at the UNHRC. This focussed on promoting and protecting the enjoyment of human rights by older women.
Finally, there’s an interview with Xu Xiuli, a professor at the China Agricultural University. She talks about GDI. She talks about the new progress report that has been issued on the implementation of GDI. I’ll summarise key points from this later. She also mentions that at present more than 100 countries and international organisations have supported GDI, and nearly 70 countries have joined the Group of Friends of GDI.
The total number of practical cooperation projects in the GDI project library has exceeded 100, and nearly 40 developing countries are benefiting from them
In the past year, the Chinese government has initiated and arranged 1,000 projects for human resources development cooperation, providing 20,000 training opportunities.
She says that poverty reduction is a key plank under GDI. “Through the establishment of overseas agricultural technology demonstration centers, dispatching agricultural experts, and building demonstration villages for agricultural development and poverty reduction, China strengthens the sharing and exchange of knowledge, experiences, and technologies, making significant contributions to global poverty reduction efforts.” 同时,中国积极加大国际农业合作资源投入,通过设立海外农业技术示范中心、派遣农业专家、建立农业发展与减贫示范村等方式,加强知识、经验、技术等分享交流,为全球减贫事业作出了重大贡献.
Anyway, let’s get to the GDI progress report, available here in English. Some key milestones:
January 2022 Establishment of Group of Friends of GDI
In June 2022, the High-level Dialogue on Global Development was held. 32 deliverables were approved. “Half of the 32 Deliverables of the High-level Dialogue on Global Development released in June 2022 have been accomplished or have reaped early harvests.” I am sharing below the data presented on this below.
On September 20, 2022, ministerial meeting of Group of Friends of GDI approves first batch of 50 projects in the GDI project pool. “Among them, more than 10 projects have been completed, and the rest are seeing positive progress. At present, the total number of projects in the project pool has exceeded 100, benefiting nearly 40 developing countries. Meanwhile, over the past year, the Chinese government has set up 1,000 capacitybuilding projects and provided 20,000 training opportunities, covering almost all members of the Group of Friends.”
November 2022 the Global Development Promotion Center of the China International Development Cooperation Agency (CIDCA) was launched.
In terms of funding, the paper provides the following data. This is really useful to note because it’s not like there’s a specific GDI pool of funding alone. A lot of existing policy initiatives are now being grouped under the framework of GDI. Or rather, GDI is being linked to different aspects of China’s prevailing development diplomacy.
At the high-level dialogue on global development China had said that the South-South Cooperation Assistance Fund would be upgraded to a Global Development and South-South Cooperation Fund, with an additional input of US$1 billion
“Since October 2021, the 2030 Agenda for Sustainable Development Sub-Fund under the China-UN Peace and Development Trust Fund has approved two batches of projects, supporting more than 20 UN development agencies in carrying out a dozen or so projects in over 60 countries in Asia and the Pacific, Africa and Latin America for development and capacity building in poverty reduction, food security, post-COVID recovery, green transition and digital technology, among other areas.”
In December 2021, China launched Phase III of the China-FAO South-South Cooperation Trust Fund with a total amount of US$50 million.
In April 2023, CIDCA issued a document setting out the principles, targets, allocations, ways of participation and management rules for financing the Global Development Project Pool. So far, “a total of 13 companies and organizations, namely 3M, Alibaba Group, China Energy Conservation and Environmental Protection Group Limited, Danone China, Honor, International Network for Bamboo and Rattan, Lenovo Group, MEBO Group, Novozymes, PepsiCo, Master Kong Holdings Limited, TOMRA Group and Xiamen Air, announced their participation in the pilot project as founding members, a solemn commitment to implementing the GDI and accelerating the achievement of the SDGs.”
China actively joined the 20th replenishment of the International Development Association (IDA), making a positive contribution to the 20th replenishment’s record US$93 billion.
China has altogether contributed US$330 million to the Asian Development Fund to support low-income members of the Asian Development Bank (ADB) in addressing the pandemic, natural hazards, food shortage and other challenges, promoting post-COVID recovery and sustainable development in Asia and the Pacific.
China also contributed SDR22.57 million (approximately US$31.899 million) to the 8th replenishment of the Global Environment Facility (GEF) and pushed the Facility to achieve its largest ever replenishment totaling US$5.33 billion, supporting environmental and climate projects in developing countries and promoting the improvement of global environmental governance.
China backed the IMF in the new allocation of SDRs equivalent to US$650 billion, called on countries with excess resources to reallocate SDRs to countries in need, and pushed for international consensus on the options of reallocation.
In late 2021, President Xi Jinping announced that China would re-channel US$10 billion of its SDRs to African countries.
Development of platforms. This section basically provides specific examples of initiatives, across the eight priority areas under GDI. Summarising this is not feasible. But the 8 priority areas are:
Poverty reduction
Food security
Pandemic response and vaccines
Financing for development
Climate change and green development
Industrialization
Digital economy
Connectivity in the digital era
Going ahead, the paper identifies some key likely developments:
“In September, the UN will hold the SDG Summit 2023. Countries and organizations participating in the GDI should focus on the central task of implementing the 2030 Agenda, coordinate position with other parties, and work to ensure that the SDG Summit sum up experience and come up with a workable path towards attaining the 17 SDGs on time.”
“It is necessary to respond to the SDG Stimulus proposed by the UN Secretary General by stimulating the realization of the SDGs through GDI cooperation. Platforms and mechanisms such as the Group of Friends should be given full play to further identify entry points for cooperation in various fields, better synergize the development strategies and visions of the members of the Group of Friends and their regions, and better meet the needs of countries to speed up their development and implementation of the 2030 Agenda.”
A taskforce composed of heads of UN development agencies and experts, as called for by the Group of Friends countries, should be set up to align the GDI with the multiyear strategic plans of UN development agencies and with UN development processes in various fields.
The proposal of the Group of Friends on appointing a Special Envoy of the Secretary General on Poverty Reduction should be actively considered to address poverty, which is deemed as the primary global challenge in the 2030 Agenda.
“The GDI participating countries should adopt innovative measures and cooperation models to further encourage developed countries, international financial institutions, development aid agencies, Chinese and international businesses and non-profit foundations, to increase input and take part in GDI cooperation.”
“International organizations such as UN development agencies should be encouraged to channel the resources of developed countries to the needs of developing countries, and promote and participate in GDI cooperation.”
“In line with the principle of voluntary participation, joint contribution, innovative methods and openness and transparency, continued efforts should be made to enrich the open-ended project pool, advance both ‘small but beautiful’ projects benefiting people’s lives as well as capacity-building projects boosting the ability to develop, and encourage UN development agencies to launch more pilot projects to improve people’s livelihood in developing countries. Project cooperation should not only cover all the eight key areas of the GDI, ensure the achievement of all the 17 SDGs; it should also focus on the outstanding issues at different times and highlight the development needs of countries, regions and countries in special situations, adapting measures to local conditions.”
“It is important to strengthen cooperation among development think tanks, pool their wisdom in development, jointly identify the general law of development, and share development experience and best practices. Governments, businesses, universities, research institutions and other stakeholders should be encouraged to work in close collaboration, give full play to their unique strengths, and form extensive networks that integrate intellectual and practical resources.”
“GDI participating countries should make good use of the world’s first scientific satellite dedicated to the SDGs launched by China and increase satellite data sharing to provide reliable scientific data support for the implementation of the 2030 Agenda.”
Page 11: There is an article by Wang Aili, from the NPC Standing Committee's Legislative Affairs Commission, providing an explanation in the context of the changes in the counter-espionage law. I have used the translation of the law from China Law Translate for understanding the text below better.
The article says that
“The revision fully implements Xi Jinping’s thought on the rule of law, adheres to the comprehensive national security concept, takes the spirit of the 20th Party Congress as guidance, and is based on the needs of the new era's counter-espionage struggle. It has translated the major decisions and deployment made by the Central Committee on counter-espionage work into law, firmly safeguarding political security, regime security, and protecting the interests of the people. It actively responds to new situations and new issues faced by China’s counter-espionage struggle, coordinates traditional security and non-traditional security, promotes the deep integration of development and security, and further enriches the ‘legal arsenal’ for countering infiltration, subversion, and theft of secrets. It ensures the new development pattern with a new security framework.” 此次修订全面贯彻落实习近平法治思想,坚持总体国家安全观,以党的二十大精神为指引,立足新时代反间谍斗争的需要,将党中央对反间谍工作的重大决策部署转化为法律,坚决维护政治安全、政权安全,保护人民利益,积极回应我国反间谍斗争面临的新情况和新问题,统筹传统安全与非传统安全,推动发展和安全的深度融合,同时进一步丰富反渗透、反颠覆、反窃密斗争的“法律武器库”,以新安全格局保障新发展格局.
The first section of the article informs that the amendments were necessary to implement the comprehensive national security concept at a higher level. It says that:
“From the perspective of timeliness, the Counter-espionage Law promulgated in 2014 was the first law to implement the comprehensive national security concept, and this revision is an important measure to adapt to the requirements of maintaining national security in the new era, adhere to the systems concept, implement the comprehensive national security concept at a higher level and comprehensively, and improve the ability to maintain national security and the level of governing the country according to law.” 从时间脉络上看,2014年颁布的反间谍法是我国贯彻落实总体国家安全观的第一部法律,而此次修订是适应新时代维护国家安全的要求,坚持系统观念,更高水平、更全面贯彻落实总体国家安全观,及时提高维护国家安全能力和依法治国水平的重要举措.
It adds that since the 18th Party Congress a bunch of laws have been enacted to accelerate the construction of a national security legal system. These include National Security Law and a series of laws related to counter-terrorism, nuclear security, biosecurity, cybersecurity, data security, cryptography, anti-foreign sanctions, as well as a range of laws related to military and defense. At the same time, existing laws such as the Anti-Secession Law, the Criminal Law, and the Law on the Protection of State Secrets also play important roles in the legal framework for national security. According to statistics, China currently has more than 30 laws that focus on regulating various aspects of national security. It can be said that the ‘four beams and eight columns’ of the legal framework for national security have been established and will continue to develop and improve. The Counter-Espionage Law serves as a cornerstone of the legal framework for national security. To carry out counter-espionage work in accordance with the law, it is necessary to establish connections with relevant laws within the legal framework for national security and form a synergy. At this time, the revision of the Counter-Espionage Law allows not only to clarify the current boundary and scope of maintaining national security from the height of the national security legal system and re-emphasise and refine the legal basis for carrying out counter-espionage work, but it also provides an opportunity to further strengthen and enhance counter-espionage efforts based on new situations and tasks, thereby further improving the legal system for national security.” 党的十八大以来,以总体国家安全观为指导,在党中央的坚强领导下,全国人大及其常委会加速构建国家安全法治体系,夯基垒石、立柱架梁,颁布实施了国家安全领域具有综合性、全局性、基础性的国家安全法,并且继续制定、修改多部法律,主要包括反恐怖主义法、核安全法、生物安全法、网络安全法、数据安全法、密码法、反外国制裁法以及一系列涉及军事、国防方面的法律。同时,现行的反分裂国家法、刑法、保守国家秘密法等也是国家安全法治体系的重要组成。据统计,我国现有30多部法律重点规范各领域国家安全有关内容。可以说,国家安全法治体系的“四梁八柱”已经形成,并且还将继续发展和完善。反间谍法是国家安全法治体系的承重石,依法开展反间谍工作,需要与国家安全法治体系的相关法律做好衔接,形成系统性合力。此时修订反间谍法,既可以从国家安全法治体系的高度,明确当前维护国家安全的边界和范围,对开展好反间谍工作的法理依据进行再强调、再提炼,同时也可以根据新形势新任务对反间谍工作进行再加强、再提升,进一步完善国家安全法治体系.
Wang then details the key contents of the revisions that have been made.
First Under implementing the spirit of the 20th Party Congress, he mentions:
Improve the guiding ideology and basic principles of counter-espionage work.
In this, he writes: “the revision of the Counter-Espionage Law amended the counterespionage law from ‘adhere to the unified leadership of the Central Committee’ to ‘adhere to the centralized and unified leadership of the Party Central Committee’ in order to clarify the absolute leadership of the Party Central Committee over counter-espionage work.” 此次修订反间谍法将反间谍工作“坚持中央统一领导”修改为“坚持党中央集中统一领导”,以明确党中央对反间谍工作的绝对领导.
Clarify that counter-espionage work should ‘adhere to the comprehensive national security concept’.” 二是增加规定反间谍工作应当“坚持总体国家安全观”.
The revisions aim to strengthen the approach of ‘treating both the symptoms and the root causes’ and ‘building a solid national security and people's defense line’ in counter-espionage work. The struggle against espionage is long-term and arduous. To intensify the fight against espionage and punishment, this is a very important ‘targeted approach’. At the same time, it is necessary to further weave the counter-espionage legal net to ‘cure the disease’ (deal with existing problems) and ‘prevent the disease’ (prevent future problems) and give full play to the role of counter-espionage safety precautions to achieve the purpose and effect of ‘treating both symptoms and root causes’.”三是增加反间谍工作要坚持“标本兼治”“筑牢国家安全人民防线”的规定。反间谍斗争具有长期性和艰巨性。对间谍行为加大打击和惩治力度,是十分重要的“靶向治疗”。同时,还需要进一步织密反间谍法网,既“治已病”,也“治未病”,充分发挥反间谍安全防范的作用,达到“标本兼治”的目的和效果.
Establish a national-level counter-espionage coordination mechanism
The goal is to “strengthen the system design of the Party Central Committee’s centralized and unified leadership of counter-espionage work.” It says that “Article 5 of the newly revised Counter-Espionage Law stipulates that ‘the state shall establish a coordination mechanism for counter-espionage work, coordinate major issues in counter-espionage work as a whole, and study and solve major issues in counter-espionage work’.” 新修订的反间谍法增加第五条规定“国家建立反间谍工作协调机制,统筹协调反间谍工作中的重大事项,研究、解决反间谍工作中的重大问题.”
Second, align the law with other legal provisions in the national security rule of law system and clearly define espionage. 与国家安全法治体系中的其他法律规定相衔接,清晰界定间谍行为的定义. In this, Wang writes that the determination of an activity as constituting espionage activities needs to be approached from the perspective of the new historical era; it must also consider the content and requirements of the relevant laws of the national security rule of law system from the perspective of implementing the comprehensive national security concept.” 对间谍行为的认定,需要站在新的历史时期,从贯彻落实总体国家安全观的角度,整体考虑国家安全法治体系相关法律的内容和要求.
Thereafter Wang makes the following points:
Changes are made to clarify the scope of ‘stealing secrets’ by specific subjects. In this, he refers to Article 4 point 3. “Activities carried out, instigated or funded by foreign institutions, organizations, and individuals other than espionage organizations and their representatives, or in which domestic institutions, organizations or individuals collude, to steal, pry into, purchase or illegally provide state secrets, intelligence, and other documents, data, materials, or items related to national security, or in which state employees are incited, enticed, coerced, or bought over to turn traitor.”
Changes are made to add regulations on the use of cyberspace/networks to carry out espionage. In this he points to Article 4 point 4. “Network attacks, intrusions, obstructions, control, or disruptions targeting state organs, units involved with secrets, or critical information infrastructure, that are carried out, prompted, or funded by a espionage organization and its agents, or carried out by agencies, organs, individuals, or other collaborators domestically or outside the PRC borders.”
Clarifying the definition of espionage. In this, he goes back to explaining how the provisions in Article 4 link with other laws, such as the data security law, national security law, etc.
In the third section of the article, Wang says that the aim of the revisions is to strengthen the protection and supervision of counter-espionage work and respect and protect human rights. 加强对反间谍工作的保障与监督,尊重和保障人权.
“For example, Article 3 of the Counter-Espionage Law clearly stipulates that
‘counter-espionage efforts shall be conducted in accordance with law, respect and protect human rights, and protect the lawful rights and interests of individuals and organizations.’ This article has been moved from being Article 5 in the 2014 law to Article 3 now. This reflects the solemn commitment and firm determination of the state to respect and protect human rights when carrying out counter-espionage work.” 该条规定在法条的位置上由2014年反间谍法的第五条提前至修订后的第三条,体现了国家在开展反间谍工作时,对尊重和保障人权的庄严承诺和坚定的法治决心.
Another example he cites is Article 11, which says that “State security organs and their staff shall handle matters strictly in accordance with law, must not exceed or abuse their authority, and must not infringe the lawful rights and interests of individuals and organizations, and keep the information obtained in their work confidential.” 再比如,反间谍法在总则部分第十一条规定了国家安全机关工作人员应当严格依法办事,不得超越职权、滥用职权,不得侵犯个人和组织的合法权益,并对工作中获取的信息予以保密. Wang says that clarifying the “responsibilities, obligations and prohibitive provisions of the staff of state security organs” as part of the general provisions is an “important signal” to the whole society. “When implementing other provisions of this law, personnel of national security agencies are required to comply with the responsibilities, obligations, and prohibitions set forth in the general provisions and accept supervision from society as a whole.” 在总则部分规定国家安全机关工作人员的责任义务和禁止性规定,是此次修订反间谍法向全社会传递的重要信号。国家安全机关工作人员在执行本法其他规定的时候,都需要遵守总则的责任义务和禁止性规定,并接受全社会监督.
And then Wang points to Article 69, which says: “State security organ staff who abuse their power, neglect their duties or misuse their power to benefit friends and family, or who illegally detain others, extract a confession by means of torture, obtain evidence by means of violence, or leak state secrets, work secrets, commercial secrets, individual private information, or personal information in violation of the regulations shall, are to be sanctioned in accordance with law, and where a crime is constituted, criminal responsibility is pursued in accordance with law.”
He also says that the law now has a special chapter on safeguards and oversight, which specifically says: “all individuals and organizations have the right to report or make accusations to the State security organ at a higher level, supervision organs, people's procuratorates, or other relevant departments, regarding a state security organ, or its personnel, exceeding or abusing their authority or their other unlawful conduct. State security organs, supervision organs, people's procuratorates, or other relevant departments receiving reports or accusations shall promptly ascertain the facts and address them in accordance with law, and they are to notify the informant or accuser about the outcome of the handling.”
Wang then tries to assure foreigners.
“The counter-espionage law has been formulated and constantly revised and improved to better adhere to the policy of opening up to the outside world and create a stable and harmonious social environment. On the one hand, it will punish espionage acts that endanger China’s national security and resist activities like infiltration, subversion, and theft of secrets carried out in abuse/using the guise of China’s policy of opening up to the outside world On the other hand, the legitimate rights and interests of foreign individuals and organizations engaged in exchanges and contacts with China in accordance with the law, as well as their lawful business, investment, work and other activities in China are clearly protected. 制定并不断修改完善反间谍法,就是为了更好地坚持对外开放政策,营造稳定和谐的社会环境,一方面依法惩处危害我国国家安全的间谍行为,抵御借助我国对外开放政策而实施的渗透、策反、窃密活动;另一方面对依法开展对华交流、交往的境外个人和组织的合法权益,在华合法进行的经营、投资、工作等活动,明确依法予以保护.
In the fourth and final section, Wang explains that the revisions strengthen counter-espionage work systems and mechanisms.
Page 15: On the international page, there’s an article by Fu Zhu, criticising the US’ tendency to engage in “extraterritorial jurisdiction.” The author argues that this “harms the legitimate rights and interests of foreign enterprises and individuals,” “seriously infringes on the sovereignty of other countries, disrupts the international order based on international law” and “exposes the true face of the United States, which portrays itself as the ‘world’s police’ and ‘international judge’ while actually practicing hegemony under the guise of law.” 一段时间以来,美国大打“规则牌”,突破国际法限制,挖空心思炮制种种法案和判例,不断扩张其域外管辖权,将自身国内法凌驾于国际法之上。美方此举不仅损害外国企业和个人的合法权益,还严重侵犯他国主权,扰乱以国际法为基础的国际秩序,暴露出美国以“世界警察”“国际判官”自居,借法律之名行霸权之实的真实面目.
The author argues that leveraging its “economic and financial hegemony”, the US has “broken through the restrictions of ‘reasonable sovereign interests’ and brazenly expanded its extraterritorial jurisdiction at the expense of other countries' sovereignty under the pretext of anti-terrorism, anti-monopoly, anti-corruption and anti-money laundering. What the US has done completely violates the principles of international law. Its usual practices are mainly reflected in two aspects:
First, it practises ‘jurisdiction by association’沾边就管 In other words, it uses extremely weak ‘connections’ to implement the so-called ‘jurisdiction’. US legislative, judicial, and executive agencies often use weak associations with subjects under their jurisdiction, such as the use of US dollars by foreign individuals or entities, the use of the US mail system, or behaviours that cause a certain impact within US territory, as the ‘basis’ for establishing jurisdiction over foreign subjects. As a result, some foreign enterprises and individuals are frequently sued in the US, individuals lose personal freedom, and enterprises are coerced by the US. Germany's Siemens, France's Alstom, BNP Paribas and other companies have been victims of this.
Second, it practises ‘cross-border law enforcement,’ in which coercive measures are taken on foreign territory. US law enforcement agencies utilize platforms for anti-money laundering information exchange, securities audit regulation, tax information exchange and even the national intelligence system to widely collect information on foreign entities or individuals, and unscrupulously use it in subsequent judicial proceedings against foreign subjects. The US often bypasses the channels of law enforcement and judicial cooperation between countries, conducts law enforcement activities such as delivery and evidence collection in other countries, or forces foreign entities or individuals to provide evidence outside the US. This seriously violates its obligations under international law enforcement and judicial cooperation treaties.”
美国凭借其经济、金融霸权地位,突破“合理的主权利益”限制,以反恐、反垄断、反腐败、反洗钱等为借口,以牺牲他国主权为代价,肆意扩张域外管辖权。美方做法完全违背国际法原则,其惯用行径主要表现在两个方面:一是“沾边就管”,用极其微弱的“联系”去实施所谓“管辖权”。美国立法、司法和行政机关常以与管辖对象之间牵强附会的联系,如根据他国个人或实体使用美元结算、使用美邮件系统或有关行为在美国境内造成一定影响等,作为对外国主体确立管辖权的“依据”。这导致一些外国企业和个人在美国动辄被诉,个人失去人身自由、企业被美方胁迫收购。德国西门子、法国阿尔斯通、巴黎银行等企业都曾是受害者。二是“跨境执法”,在外国领土上采取强制措施。美国执法机关利用反洗钱信息交换、证券审计监管、征税信息互助等平台,甚至动用国家情报系统广泛搜集外国实体或个人的信息,肆无忌惮地用于后续针对外国主体的司法程序。美国还常绕过国家间执法司法合作渠道,越境在他国境内开展送达、取证等执法活动,或强迫外国实体或个人提供在美境外的证据,严重违背其在国际执法司法合作条约下的义务。
The illegal expansion of extraterritorial jurisdiction by the United States has brought a huge negative impact on the international order.
First, it undermines rule of law in international relations
Second, it undermines the democratization of international relations
Third, it erodes the effectiveness of international governance mechanisms