1. What is espionage?
According to Article 38 of the Anti-Spy Law, espionage refers to the following acts:
(1) Spy organizations and their agents carry out or instigate or finance others to carry out activities that endanger People's Republic of China (PRC)'s national security, or domestic and foreign institutions, organizations and individuals collude with them;
(2) Joining a spy organization or accepting the tasks of a spy organization and its agents;
(3) Overseas institutions, organizations and individuals other than spy organizations and their agents or domestic institutions, organizations and individuals collude with them to steal, spy on, buy or illegally provide state secrets and information, or instigate, seduce or buy state functionaries;
(4) Pointing out targets for the enemy;
(5) Other espionage activities.
2. What are spy organizations and spy organization agents?
(1) A spy organization refers to an organization established by foreign governments or regional political groups to infiltrate, steal, spy on, buy and illegally provide state secrets and information to Chinese state institutions and various organizations for the purpose of rebelling against Chinese public officials, people and commercial organizations, and to carry out subversive and sabotage activities. Such as CIA, MI6, FSB, Mossad, Japanese Defense Agency Intelligence Headquarters, KCIA, Taiwan Province Military Intelligence Bureau, Taiwan Province National Security Bureau and so on.
(2) An agent of a spy organization refers to a person who is instructed, entrusted or funded by a spy organization or its members to carry out or instruct or instruct others to carry out activities endangering China's national security.
3. What is the task of accepting spy organizations and their agents?
Accepting the task of spy organizations and their agents means that the actor accepts orders, dispatches, instigates and entrusts from spy organizations and their agents to serve spy organizations and carry out activities that endanger China's national security.
rights and duties
1. What rights do citizens and organizations enjoy in anti-espionage work?
The Anti-Spy Law stipulates that citizens and organizations enjoy the following rights in anti-espionage work:
(1) If the personal safety of himself or his near relatives is threatened due to his assistance in anti-espionage work, he may request protection from the state security organ.
(2) Individuals who have made significant contributions to anti-espionage work shall be rewarded by state security organs according to law.
(3) Any individual or organization has the right to report and accuse the state security organ at a higher level or the relevant department of the state security organ and its staff of exceeding their functions and powers, abusing their powers and other illegal acts. State security organs or relevant departments that accept reports and complaints shall promptly ascertain the facts, be responsible for handling them, and inform the informants and complainants of the results in a timely manner.
No individual or organization may suppress or retaliate against individuals and organizations that assist the work of state security organs or report or accuse according to law.
2. What obligations should citizens and organizations undertake in anti-espionage work?
According to the provisions of the anti-espionage law, citizens and organizations shall undertake the following obligations in anti-espionage work:
(1) State organs, social organizations and other organizations shall educate their own personnel on safeguarding national security, and mobilize and organize their own personnel to prevent and stop espionage.
(2) Citizens and organizations shall provide convenience or other assistance for anti-espionage work.
(3) When citizens and organizations discover espionage activities, they shall promptly report to the state security organs; Report to the public security organs and other state organs and organizations, the relevant state organs and organizations shall immediately transfer them to the state security organs for handling.
(4) When the state security organs investigate and understand espionage activities and collect relevant evidence, the relevant organizations and individuals shall truthfully provide it and shall not refuse it.
(five) citizens and organizations should keep the state secrets they know in the anti-espionage work.
(6) No individual or organization may illegally hold documents, materials and other articles that are state secrets.
(7) No individual or organization may illegally hold or use special spy equipment because of the special needs of espionage. Special spy equipment shall be confirmed by the national security department of the State Council in accordance with the relevant provisions of the state.
Legal liability chapter
1. According to the regulations, what behavior will be investigated for criminal responsibility?
(1) If an overseas institution, organization or individual commits or instigates or finances others to commit espionage, or if a domestic institution, organization or individual colludes with an overseas institution, organization or individual to commit espionage, which constitutes a crime, criminal responsibility shall be investigated according to law.
(2) Whoever, knowing that others are engaged in espionage, refuses to provide information when the state security organ investigates the relevant situation and collects relevant evidence, which constitutes a crime, shall be investigated for criminal responsibility according to law.
(3) Whoever obstructs a state security organ from performing its tasks according to law by violence or threat shall be investigated for criminal responsibility according to law.
Whoever intentionally obstructs the state security organs from performing their tasks according to law and does not use violence or threats, thus causing serious consequences, shall be investigated for criminal responsibility according to law.
(4) Whoever divulges the state secrets of anti-espionage work, which constitutes a crime, shall be investigated for criminal responsibility according to law.
(5) Illegal possession of documents, materials and other articles belonging to state secrets, which constitutes a crime, shall be investigated for criminal responsibility according to law.
(6) Those who conceal, transfer, sell off or destroy the property sealed up, detained or frozen by the state security organs according to law, or those who knowingly harbor, transfer, purchase, sell off on their behalf or conceal or conceal in other ways, shall be recovered by the state security organs. If a crime is constituted, criminal responsibility shall be investigated according to law.
2. According to the regulations, which acts will be punished by administrative detention?
(1) If the state security organ refuses to provide relevant information when investigating the relevant situation and collecting relevant evidence, it shall be punished by the unit to which it belongs or the competent department at a higher level, or it shall be administratively detained by the state security organ for less than 15 days.
(2) Whoever intentionally obstructs a state security organ from performing its tasks according to law without using violence or threats, if the circumstances are relatively minor, shall be placed in administrative detention of not more than 15 days by the state security organ.
(3) Whoever divulges the state secrets of anti-espionage work shall be placed in administrative detention of not more than fifteen days by the state security organ.
(four) illegal possession of documents, materials and other articles belonging to state secrets, which does not constitute a crime, shall be given a warning by the state security organ or be sentenced to administrative detention of less than 15 days.
Guard against attacks
Why are college students easily favored by foreign spies?
On the one hand, college students' contact with information in the fields of economy, technology and materials, or their participation in topics and projects are of intelligence value to foreign spies. On the other hand, college students lack safety awareness and social experience, and some need to find some economic sources to support their studies. Foreign spies use the name of recruiting part-time jobs and sending questionnaires as bait to attract students to collect and steal information for them. If students want to quit after taking the bait, foreign spies will use threats, extortion and other means to force students to continue working for them. In addition, foreign spies may interfere with college students' job hunting process, support and encourage college students to apply for secret-related units, in an attempt to develop students into "latent spies" embedded in our party, government and army.
How to Enhance College Students' Anti-spyware and Anti-spyware Consciousness
(1) Establish the concept of "national security is paramount", overcome paralysis, improve identification ability, and strictly keep state secrets when contacting overseas personnel.
(2) Be good at identifying all kinds of disguises, and report to the state security organs, public security organs or university security departments in time when foreign teachers or foreigners are found to preach western "freedom", "democracy" and "human rights" in inappropriate places and spread extreme individualism and anarchism. The propaganda materials of reactionary psychological warfare received should be handed over to state security organs, public security organs or university security departments in a timely and active manner to prevent the spread and adverse effects.
(3) Before going abroad to study and travel, you should know and master the knowledge of national security, raise the awareness of safety precautions, consciously safeguard national security, and resolutely resist activities such as rebellion, wooing, threats and inducements by hostile forces.
How do citizens enhance their sense of confidentiality in their daily communication?
(1) Learn the common sense of confidentiality, accept the education of confidentiality, correctly understand the struggle between confidentiality and stealing secrets, enhance the awareness of confidentiality, and strictly abide by the confidentiality system.
(2) Improve safety awareness, adhere to the distinction between inside and outside in foreign exchanges, and do not involve my internal personnel organization, social security situation, scientific and technological achievements, technical know-how and various undisclosed data in economic construction. Any content involving state secrets should be avoided or answered according to the external caliber of the superior.
(3) When contacting overseas personnel, don't bring secret documents, materials and notebooks of confidential matters. When you ask me for scientific and technological achievements, materials, samples or openly ask me about my internal secrets, you should distinguish the situation and refuse flexibly.
(4) Without the approval of the competent department, it is not allowed to take overseas personnel to visit or enter closed areas and places; Overseas personnel are not allowed to use academic exchanges and lectures to conduct systematic social investigations; Don't fill in all kinds of questionnaires issued by foreigners, and don't write articles on social surveys for them.
(5) In the press and publication work, we should pay attention to the principle of confidentiality, and do not publish matters involving national defense, scientific research and other state secrets at will. Participate in international academic conferences or publish articles in foreign journals, and go through the examination and approval procedures according to regulations. Do not provide or purchase internal books and materials for overseas personnel.
What should citizens do when they find out that secrets have been compromised, leaked or stolen?
If a citizen discovers any of the following circumstances of leaking secrets, leaking secrets and stealing secrets, he shall promptly report to the state security organ, the public security organ and the secrecy administrative department:
(1) Found documents, materials and other items belonging to state secrets.
(2) It is found that someone buys or sells documents, materials and other articles that are state secrets.
(three) it is found that someone has stolen or robbed documents, materials and other articles belonging to state secrets.
(4) finding clues that reveal or may reveal state secrets.
What should citizens do if they are coerced or tricked into engaging in domestic and foreign espionage activities?
Citizens who are coerced or tricked into engaging in espionage activities in China must stop their espionage activities immediately and report to the state security organs and public security organs on their own initiative. Those who surrender or perform meritorious service may be given a lighter, mitigated or exempted punishment; Those who have made significant meritorious service shall be rewarded.
Those who are coerced or tricked into participating in hostile organizations or spy organizations abroad and engaging in activities that endanger China's national security shall truthfully explain the situation to Chinese institutions abroad in a timely manner, or directly or through their units after entering the country, truthfully explain the situation to the state security organs and public security organs, and strive for leniency. If you show remorse, you can not pursue it.
What should citizens and organizations do when they find espionage?
When citizens and organizations find espionage, they should immediately call the report number: 12339, or report it to the local state security organ.
Everyone is responsible for espionage.