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The National Peoples Congress (NPC) by terrorism law jinping sign to release

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The National Peoples Congress (NPC) by terrorism law jinping sign to release

Date:2017-02-20 Author: Click:

Anti-terrorism law of the People's Republic of China, is to prevent and combat terrorism and safeguard national security, public safety and people's life and property security, in accordance with the constitution and laws.

The anti-terrorism act on December 27, 2015, the 12th session of the standing committee of the National People's Congress through the 18th session. Effective as of January 1, 2016. On October 29, 2011, the standing committee of the 11th National People's Congress meeting by 23 of the National People's Congress standing committee's decision on strengthening counter-terrorism work concerned issue "shall be repealed simultaneously.

Terrorism has become the important factors that affect the world peace and development, is the common enemy of mankind. Currently, in view of China's violent terrorist event was more frequent, for China's national security and people's life and property safety pose a serious threat. China is a country rule of law. Develop anti-terrorism law is to perfect the national rule of law, promote comprehensive statecraft in accordance with the requirements, but also the realistic need, which the prevent and combat terrorism in accordance with the law, embodies the Chinese international responsibility as a responsible big country, it is very necessary.

To enact

The anti-terrorism law of the People's Republic of China "has been by the law of the People's Republic of China on the 12th 18th session of the standing committee of the National People's Congress on December 27, 2015, are hereby released, effective as of January 1, 2016.

The People's Republic of China President xi jinping

On December 27, 2015

The first chapter the general

Article 1 in order to prevent and punish ACTS of terrorism, strengthen anti-terrorism work, maintain national security, public safety and people's life and property security, in accordance with the constitution, this law is enacted.

Article 2 the state against all forms of terrorism, clamp down on terrorism organization in accordance with the law, to any organization, planning, preparation, implementation, the implementation of ACTS of terrorism, terrorism, incitement to terrorism, organizing, leading, and terrorist activities organization, provide help for terrorist activities, shall be investigated for legal responsibility according to law.

Countries that do not compromise to any terrorist organization and personnel, not to any terrorist activities personnel asylum or refugee status.

Article 3 the term "terrorism, it is to point to by means of violence, destruction or intimidation, create social panic, endangering public security, the infringement of personal property, or stress state organs, international organizations, in order to achieve its purpose, such as politics, ideology and behavior.

Terrorist activities referred to in this law refers to the terrorism of the nature of the following actions:

(a) organization, planning, preparation, implementation, implementation or intention caused casualties and major property damage, damage of public facilities, the activities of serious social harm, such as social order;

(2) promote terrorism, inciting implementation of terrorist activities, or who unlawfully holds items of terrorism, the force others to wear in public places, promote the clothing, signs of terrorism;

Organizing, leading, and (3) to terrorist organizations;

(4) for terrorist organizations, terrorist activities personnel training, implementation of terrorism or terrorist activities to provide information, capital, goods, services, technology, places such as support, assistance and convenient;

(5) other ACTS of terrorism.

Terrorist organizations referred to in this law refers to three or more persons for the implementation of the terrorist activities of organized crime.

Terrorist activities personnel referred to in this law refers to the implementation of terrorist activity and terrorist activities members of the group.

Terrorist event referred to in this law refers to is happening or has happened or may cause serious social damage of terrorism.

Article 4 the state against terrorism should be brought into the national security strategy, integrated ShiCe, severely, strengthen construction of ability of counterterrorism using political, economic, legal, cultural, education, diplomacy, military and other means, counter-terrorism work.

Countries oppose all forms of inciting hatred to distort religious doctrine or other means, incitement to discrimination, advocating violence and extremism, to eliminate the ideological basis of terrorism.

Article 5 the anti-terrorism work adhere to the combination of specially designed to work with the mass line, prevention is punishing, combining prevention and the principle of starter enemies, keep active.

Article 6 the anti-terrorism work shall be conducted in accordance with the law, respect and safeguard human rights, safeguard the legitimate rights and interests of citizens and organizations.

In counter-terrorism work, shall respect the citizens' freedom of religious belief and ethnic customs, prohibit any discrimination based on regional, ethnic, religious and other reasons.

Article 7 the state shall set up anti-terrorism work leading institutions, unified leadership and command the national counter-terrorism work.

The local people's government at or above the level of district-constituted municipalities set up anti-terrorism work leading institutions, people's government at the county level according to the need to set up a counter-terrorism work leading institutions, in the superior anti-terrorism work under the leadership of the leadership and command, responsible for the regional counter-terrorism work.

Article 8 the public security organs, state security organs and people's procuratorates and people's courts and judicial administrative organs and other relevant state organs, shall, according to the division of labor, implement the responsibility system, in accordance with the law to do a good job of anti-terrorism.

The Chinese people's liberation army, the Chinese people's armed police forces and the militia in accordance with this law and other relevant laws and administrative rules and regulations and military rules and regulations and the state council and the central military commission's order, and according to the deployment of the anti-terrorism work leading institutions, prevention and treatment of terrorism.

The relevant departments shall establish a joint cooperation mechanism, rely on and mobilize the villagers' committees and residents' committee, enterprises and institutions, social organizations, joint counter-terrorism work.

Article 9 any unit or individual to assist and cooperate with related departments to carry out the work of anti-terrorism obligations, found the suspected terrorist activities or terrorism suspects, it shall timely report to the public security organ or the relevant departments.

Article 10. The right to report ACTS of terrorism or assist in prevention and stop terrorism units and individuals with outstanding contribution, and made other outstanding contributions in counter-terrorism work units and individuals, in accordance with the relevant provisions of the state to give recognition and reward.

Article 11 on the outside of the territory of the People's Republic of China for the country, the citizen or organization of the People's Republic of China on the implementation of the terrorism crime, or concluded, participated by the People's Republic of China on the implementation of the terrorism crime stipulated in the international treaties, exercise the criminal jurisdiction of the People's Republic of China, shall be investigated for criminal responsibility according to law.

The second chapter, the cognizance of terrorist organizations and personnel

Article 12 the national anti-terrorism work leading institutions according to the provisions of article 3 of this terrorist organization and staff, led by the national anti-terrorism work institutions of agencies shall be published.

Article 13 of the public security department under the state council, national security departments, foreign ministries and provincial leadership for anti-terrorism work requires that terrorist organization and personnel, shall apply to the national anti-terrorism work leading institutions.

Article 14 the financial institutions and non-financial institutions specific agencies of the country's anti-terrorism work lead agency announcement of terrorist organizations and personnel of funds or other assets, shall immediately be frozen, and in accordance with the relevant provisions in a timely manner to the public security department under the state council, national security department and the administrative department of anti-money laundering report.

Article 15 are considered terrorist organizations and personnel is not satisfied with the recognition, can work through the national anti-terrorism lead agency offices to apply for a review. National anti-terrorism work leading institutions shall timely review, the decision to maintain or cancellation of cognizance. Reviewing for the final decisions.

National anti-terrorism work leadership of the decision to cancel that, led by the national anti-terrorism work agency offices shall be published; Capital, assets have been frozen, shall cancel the freeze.

According to article 16 of the provisions of the criminal procedure law has jurisdiction of a people's court at or above the intermediate level in the process of trial in criminal cases, can be determined in accordance with the terrorist organizations and personnel. For after the ruling by the national anti-terrorism work of leading institutions agencies make a public announcement, the relevant provisions of this chapter.

The third chapter safety

Article 17 people's governments at various levels and departments concerned shall organize to carry out the counterterrorism propaganda education, improve citizen consciousness of anti-terrorism.

Education, human resources, administrative departments and schools, vocational training institutions shall put terrorism prevention, emergency knowledge into the content of education, teaching and training.

The press, radio, TV, culture, religion, the relevant units, such as the Internet, should be targeted on counterterrorism, targeting social propaganda and education.

Villagers' committees and residents' committees shall assist the people's governments and relevant departments, to strengthen publicity and education the fight against terrorism.

Article 18 telecommunication business operators, the Internet service provider shall be for the public security organs, state security organs in accordance with the law to protect against it, investigate terrorist activities provide technical interface and decrypt and other technical support and assistance.

Article 19 the telecommunication business operators, Internet service providers shall, in accordance with laws, administrative rules and regulations, the implementation of network security, information content supervision system and safety technical measures to prevent, prevent information communication with terrorism and extremism content; Find the information contains the content of terrorism and extremism, it shall immediately stop transmission, save the related records, delete information, and report to public security organ or the relevant departments.

Net letter, telecom, public security, national security and other departments to contains information on terrorism, extremism and shall, in accordance with the division of duties, shall be ordered to the units concerned to stop transmission and delete the related information in time, or close related websites, close related services. The relevant units shall be executed immediately, and save the related records, to assist in the investigation. Cross-border transmission on the Internet contains information on content of terrorism, extremism and telecommunications departments shall adopt technical measures, interrupt transmission.

Article 20 railway, highway, water and air cargo and postal, Courier and other logistics operating units shall implement safety inspection system, identity to the customer for inspection, in accordance with the regulations of transportation, deliver goods safety checks or kaifeng examination. On it is prohibited to transport, deliver, there is great potential safety hazard, or the customer refuses to safety inspection of the goods, may transport and deliver.

Logistics operation of the units mentioned in the preceding paragraph, shall transport and deliver customer identification, goods information registration system.

Article 21 the telecommunications, Internet, finance, accommodation, long-distance passenger transport, motor vehicle leasing business operators, service providers, he shall make inspection for the client identity. For unknown or refuse to identity check, shall not provide services.

Article 22 the production and the import entity shall, in accordance with the provisions of guns and other weapons, ammunition, controlled equipment, hazardous chemicals, civil explosives, nuclear and radiation items to make electronic tracking id, add security tracer marker for civil explosives.

Transportation units shall, in accordance with the regulations on the operation of hazardous chemicals, civil explosives, the nuclear and radiation goods transport by positioning system monitoring.

The relevant units shall, in accordance with the provisions of pathogens of infectious diseases such as physical exercise strict supervision over the management, tightly to prevent infectious disease pathogens or substances such as diffusion into illegal channels.

To control appliances, hazardous chemicals, civil explosives, the relevant competent department under the state council or the people's governments at the provincial level according to the need, in a particular area, specific time, can decide the production, import and export, transport, sale, use, control the scrap, traded to ban the use of cash, physical objects, or make other restrictions on trading activities.

Article 23 the occurrence of guns and other weapons, ammunition, hazardous chemicals, civil explosives, nuclear and radiation items, pathogens of infectious diseases and other substances are stolen, robbed, lost or other loss situation, crime unit shall immediately take necessary control measures, and promptly report to the public security organ, and report to the relevant departments in accordance with the provisions. After receiving reports, the public security authority shall in a timely manner to carry out the investigation. The relevant departments shall cooperate with the public security organs to carry out the work.

Any unit or individual may illegally production, production, storage, transportation, import and export, sale, offer, purchase, use, possession, scrap, destroyed the goods specified in the preceding paragraph. Found the public security organ, shall be seized. Discovered other competent authorities, shall be held, and the public security organs immediately; Other units and individuals, shall immediately report to the public security organ.

Article 24 of the administrative department of anti-money laundering of the state council, the relevant departments of the state council and institutions in accordance with the law of financial institutions and non-financial institutions specific anti-terrorism financing duty of supervision and management.

Administrative department of anti-money laundering of the state council finds, suspected of terrorist financing can be investigated according to law, adopt measures to temporary freeze.

Article 25 audit, financial and tax departments in accordance with the provisions of the laws and administrative rules and regulations in the process of exercising supervision and inspection of the relevant units, found that money flows in suspected terrorist financing, it shall timely report to the public security organ.

Article 26 of the customs on the inbound and outbound personnel carry cash or bearer securities regulation in the process of discovery, suspected of terrorist financing shall immediately notify the administrative department of anti-money laundering of the state council and the public security organ that has jurisdiction over the.

Article 27 the local people's governments at various levels shall formulate and organize the implementation of urban and rural planning, shall conform to the anti-terrorism work needs.

The local people's governments at various levels shall, according to need, organization, to urge the construction unit in the main roads, traffic hub, the key parts of urban public area, equipment, installation of public security video image information system of dimension is against terrorist attacks, such as technology equipment and facilities.

Article 28 the public security organs and relevant departments to promote extremism, using the extremism of endangering public security and disrupt public order, the infringement of personal property, to the detriment of the social management, should be to stop in time, shall be investigated for legal responsibility according to law.

The public security organs found extremist activities, it shall be ordered to immediately stop, to relevant personnel forcibly take away from the scene and registration status information, to the related items, data collected, the illegal activities shall be seized.

Any units and individuals find that promote extremism items, materials, information, shall immediately report to the public security organ.

Article 29 of the abetting, coercion, tempted to participate in the activities of terrorism and extremism, or to participate in the activities of terrorism and extremism minor, does not yet constitute a crime, the public security organ shall organize relevant departments and villagers' committees and residents' committee, work unit, school, family and the guardian for juvenile delinquents.

Prison, detention center, community correction institutions shall strengthen the terrorism criminals to prison management, education, and extremist criminal correction, etc. Prisons, detention of terrorism and extremism criminal offenders, according to the needs of education reform and maintaining the order of supervision, can be mixed with ordinary criminal detention, can also be held individually.

Article 30 of terrorism and extremism criminal penalty of above of the criminal was sentenced to imprisonment, prisons, detention house shall, before released according to the nature of the crime, the plot and social harm degree, the performance of the prison, released after impact on the community of social risk assessment. Social risk assessment shall listen to the opinions of the relevant organizations at the grass-roots level and the original case authority. Has social risk by way of assessment, prisons, detention house shall be to the intermediate people's court in the land of prisoners education advice, a copy of the proposal should be sent to the people's procuratorate at the same level.

Intermediate people's court in the land of prisoners to do social risk, shall order them before the criminal is released after released to accept the decision of the education. Copy of the written decision shall be sent to the people's procuratorate at the same level. Be decided to put education personnel is not satisfied with the decision, could be a higher people's court for reconsideration.

Place for education shall be conducted by the people's governments at the provincial level. Place for education institutions shall be conducted every year to be placed education personnel assessment, to show true repentance and not to harm society, put forward to remove shall timely put education ideas, to determine placement of the education the intermediate people's court made a decision. Cancel the resettlement education were placed education personnel shall have the right to apply for.

Placement and execute the decision of the education of the people's procuratorates exercise supervision.

Article 31 of the public security organ shall, in conjunction with the relevant departments, the terrorist attacks on the possibility of larger, and terrorist attacks may cause serious personal casualty and property loss or social influence of the unit, places, activities, facilities and other determine the priorities of to prevent terrorist attacks, the anti-terrorism work leading institutions at the corresponding level for the record.

Article 32 the key target management unit shall perform the following duties:

(a) make preparedness and response to treatment of terror plans and measures, training and drills on a regular basis;

(2) establish a counter-terrorism work special funds safeguard system, equipped with, update, prevention and treatment of equipment and facilities;

(3) or related institutions designated to carry out the responsibility personnel, clear responsibility;

(4) implementing risk assessment and real-time monitoring security threat, perfect the internal security management;

(5) to the public security organs and relevant departments on a regular basis and preventive measures to carry out the situation.

Key target management unit shall, according to urban and rural planning, related standards and actual needs, to the construction of key target design, synchronization, synchronization operation conform to the provisions of article 27 of person and technology equipment and facilities.

Key target management unit shall establish public security video image information system monitor on duty, keep information use, operation maintenance management system, guarantee normal operation of related systems. Acquisition of video image information shall not be kept for at least ninety days.

The key objectives of the other units of public safety, places, activities, facilities and its departments and management units shall, in accordance with laws, administrative rules and regulations, establish and improve the safety management system to implement the security responsibility.

Article 33 the key target management units shall, in important positions and personnel security background checks. , the situation is not suitable for personnel shall adjust jobs, and will inform the public security organs concerned.

Article 34 the large-scale activities to undertake units as well as the key target of management units shall, in accordance with the regulations on into large activity places, airports, railway stations, docks, urban rail transit station, road long-distance bus terminal, port and other key target of personnel, items, and transportation safety checks. Found contraband and control items, shall be detained and promptly report to the public security organ; Found suspected of illegal crime personnel, shall immediately report to the public security organ.

Article 35 for aircraft, trains, ships, urban rail vehicles, public charge and other public transportation vehicles, operating unit shall be equipped with security personnel in accordance with the regulations and the corresponding equipment, facilities, strengthen the security check and security work.

Article 36 of the public security organs and relevant departments should grasp the key goal of basic information and important dynamic, guidance and supervision of the key goals of management unit to perform various duties against terrorist attacks.

Public security organs, the Chinese people's armed police forces shall, in accordance with the relevant provisions of the priorities for the alert, patrol and inspection.

Article 37 of the flight control, civil aviation, public security departments shall, in accordance with the division of duties, such as strengthening the airspace, aircraft and flight activity management, closely guard against flying aircraft or use of terrorist activities on the implementation of activities.

Article 38 people's governments and military organs at all levels shall in key countries (edge) shape and port Settings from cars and video image acquisition and the border alarm facilities.

The public security organ and the Chinese people's liberation army shall organize the tight patrol (frontier), in accordance with the provisions on (frontier) traffic in country frontier, to go abroad (frontier) administrative zone and the national (frontier) channel, ports, transportation tools, articles, and coastal ship inspection border area.

Article 39 of the entry and exit certificate issued by authorities, entry and exit frontier inspection authorities to terrorist activities personnel and terrorism suspects, has the right to determine its exit immigration is not allowed, will not be issued exit immigration papers or announced its entry certificates invalid.


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