Anti-Terrorism Law of the People's Republic of China
(Adopted at the 18th meeting of the Standing Committee of the 12th National People’s Congress on December 27, 2015)
Directory
Chapter 1 General Provisions
Chapter 2 Identification of terrorist organizations and personnel
Chapter 3 Safety precautions
Chapter 4 Intelligence information
Chapter 5 Investigation
Chapter 6 Response and disposal
Chapter 7 International Cooperation
Chapter 8 Safeguard Measures
Chapter 9 Legal Liability
Chapter 10 Supplementary Provisions
Chapter 1 General Provisions
Article 1 In order to prevent and punish terrorist activities,Strengthen anti-terrorism work,Maintaining national security、Public safety and safety of people’s lives and property,According to the Constitution,Enact this law。
Article 2 The country opposes all forms of terrorism,Ban terrorist organizations according to law,To any organization、Planning、Ready for implementation、Carry out terrorist activities,Promote terrorism,Incitement to commit terrorist activities,Organization、Leadership、Join a terrorist organization,Providing assistance to terrorist activities,Pursuing legal responsibility according to law。
The country will not compromise with any terrorist organization or personnel,Do not provide asylum or grant refugee status to any terrorist activities。
Article 3 Terrorism as referred to in this law,means through violence、Destruction、Intimidation and other means,Creating social panic、Endangering public safety、Infringement of personal property,Or coerce state agencies、International Organization,To realize its politics、Advocacy and behavior for ideological and other purposes。
Terrorist activities as referred to in this law,Refers to the following acts of a terrorist nature:
(1) Organization、Planning、Ready for implementation、Causing or intending to cause casualties、Significant property damage、Damage to public facilities、Activities that cause social disorder and other serious social harm;
(2) Promote terrorism,Incitement to commit terrorist activities,Or illegal possession of items promoting terrorism,Forcing others to wear clothing that promotes terrorism in public places、flag;
(3) Organizing, leading, and participating in terrorist organizations;
(4) Terrorist organization、Terrorist personnel、Providing information for carrying out terrorist activities or training for terrorist activities、Funds、Materials、Labor、Technology、Place and other support、Assistance、Convenient;
(5) Other terrorist activities.
Terrorist organization as referred to in this law,Refers to a criminal organization formed by more than three people to carry out terrorist activities。
Terrorist persons referred to in this law,Refers to those who commit terrorist activities and members of terrorist organizations。
Terrorist incidents as referred to in this law,Refers to terrorist activities that are occurring or have occurred that cause or may cause major social harm。
Article 4 The country incorporates counter-terrorism into its national security strategy,Comprehensive policies,Treat both the symptoms and the root causes,Strengthening anti-terrorism capacity building,Use politics、Economy、Law、Culture、Education、Diplomacy、Military and other means,Carry out counter-terrorism work。
The state opposes all forms of inciting hatred by distorting religious doctrines or other methods、Inciting discrimination、Advocating violence and other extremism,The ideological basis for eliminating terrorism。
Article 5 Counter-terrorism work adheres to the combination of specialized work and the mass line,Prevention is the priority、Combining punishment and defense and pre-emptive strike、The principle of staying active。
Article 6 Counter-terrorism work should be carried out in accordance with the law,Respect and protect human rights,Protecting the legitimate rights and interests of citizens and organizations。
In counter-terrorism work,Citizens’ freedom of religious belief and national customs and habits should be respected,Prohibit any location-based requests、Nationality、Discriminatory practices based on religion and other reasons。
Article 7 The state establishes a leading agency for counter-terrorism work,Unified leadership and command of national anti-terrorism work。
Local people’s governments at or above the city level with districts set up leading organizations for counter-terrorism work,County-level people’s governments establish anti-terrorism work leading organizations as needed,Under the leadership and command of the superior anti-terrorism work leadership agency,Responsible for anti-terrorism work in the region。
Article 8 Public Security Agency、National security agencies and People’s Procuratorate、People's Court、Judicial administrative agencies and other relevant state agencies,Should be based on division of labor,Implement work responsibility system,Do a good job in counter-terrorism work in accordance with the law。
Chinese People’s Liberation Army、The Chinese People’s Armed Police Force and militia organizations shall comply with this Law and other relevant laws、Administrative regulations、Military Regulations and State Department、Order of the Central Military Commission,And according to the deployment of the leading agency for counter-terrorism work,Preventing and dealing with terrorist activities。
Relevant departments should establish a linkage and cooperation mechanism,Rely on、Mobilize village committee、Residents Committee、Enterprises and institutions、Social organization,Jointly carry out counter-terrorism work。
Article 9 Any organization or individual can assist、Obligation to cooperate with relevant departments in carrying out anti-terrorism work,Discovering suspected terrorist activities or persons suspected of terrorist activities,Should be reported to the public security organs or relevant departments in a timely manner。
Article 10 Reporting terrorist activities or assisting in prevention、Units and individuals who have made outstanding contributions to suppressing terrorist activities,As well as other units and individuals who have made outstanding contributions in counter-terrorism work,Commendation in accordance with relevant national regulations、Reward。
Article 11 For countries outside the territory of the People’s Republic of China and the People’s Republic of China、Terrorist crimes committed by citizens or institutions,Or concluded by the People's Republic of China、Terrorist crimes stipulated in international treaties to which we have participated,The People’s Republic of China exercises criminal jurisdiction,Pursue criminal responsibility according to law。
Chapter 2 Identification of terrorist organizations and personnel
Article 12 The national leading agency for counter-terrorism work in accordance with the provisions of Article 3 of this Law,Designated terrorist organizations and personnel,Announced by the office of the national anti-terrorism leading agency。
Article 13 Public Security Department of the State Council、National Security Department、The Ministry of Foreign Affairs and provincial anti-terrorism work leading agencies need to identify terrorist organizations and personnel,An application should be submitted to the national anti-terrorism leading agency。
Article 14 Financial institutions and specific non-financial institutions have funds or other assets of terrorist organizations and personnel announced by the offices of the national anti-terrorism leading agency,Should be frozen immediately,And promptly report to the public security department of the State Council in accordance with regulations、Report from the national security department and anti-money laundering administrative department。
Article 15 Recognized terrorist organizations and personnel who are dissatisfied with the designation,You can apply for review through the office of the national anti-terrorism leading agency。The national leading agency for counter-terrorism work should conduct a timely review,Make a decision to maintain or revoke the recognition。The review decision is final。
The national anti-terrorism leading agency made a decision to revoke the certification,Announced by the office of the national anti-terrorism leading agency;Funds、Assets have been frozen,The freeze should be lifted。
Article 16 According to the provisions of the Criminal Procedure Law,In the process of trying criminal cases by the people's courts above the intermediate level with jurisdiction,Terrorist organizations and personnel can be identified according to law。For matters that need to be announced by the office of the national anti-terrorism leadership agency after the judgment takes effect,The relevant provisions of this chapter apply。
Chapter 3 Safety precautions
Article 17 People’s governments at all levels and relevant departments should organize and carry out anti-terrorism publicity and education,Raise citizens’ anti-terrorism awareness。
Education、Human resources administrative department and school、Relevant vocational training institutions should prevent terrorist activities、Incorporate emergency knowledge into education、Teaching、Training content。
News、Broadcast、TV、Culture、Religion、Internet and other relevant units,We should conduct targeted anti-terrorism propaganda and education to the society。
Village Committee、Resident committees should assist the people’s government and relevant departments,Strengthen anti-terrorism publicity and education。
Article 18 Telecom business operator、Internet service providers should be public security organs、National security agencies take precautions in accordance with the law、Provide technical support and assistance such as technical interface and decryption for investigating terrorist activities。
Article 19 Telecom business operator、Internet service providers should comply with the law、Administrative regulations,Implement network security、Information content supervision system and security technical precautions,Preventing terrorism、Dissemination of information on extremist content;Found to contain terrorism、Information of extremist content,Transmission should be stopped immediately,Save related records,Delete related information,And report to the public security organs or relevant departments。
Network、Telecom、Public Security、National security and other competent authorities are responsible for containing terrorism、Messages with extremist content,Work should be divided according to responsibilities,Promptly order relevant units to stop transmission、Delete related information,Or close related websites、Stop related services。Relevant units should implement it immediately,And save relevant records,Assist in investigation。Concerning cross-border transmission of terrorism on the Internet、Messages with extremist content,The telecommunications authorities should take technical measures,Breaking transmission。
Article 20 Railway、Highway、On the water、Air freight and postal services、Express delivery and other logistics operating units should implement a safety inspection system,Verify customer identity,Transportation in accordance with regulations、Send items for security inspection or unsealing inspection。Prohibited transportation、Shipment,Major safety hazard exists,Or items that the customer refuses security inspection,Not allowed for transportation、Shipment。
Logistics operation unit specified in the preceding paragraph,Transportation should be implemented、Shipping customer identity、Item information registration system。
Article 21 Telecom、Internet、Finance、Accommodation、Long distance passenger transport、Motor vehicle rental and other business operators、Service Provider,Customer identity should be verified。For those whose identity is unknown or who refuse identity verification,Not allowed to provide services。
Article 22 Producing and importing units shall inspect firearms and other weapons in accordance with regulations、Ammunition、Controlled equipment、Hazardous chemicals、Civil explosives、Electronic tracking marking of nuclear and radioactive items,Add security tracers to civilian explosives。
Transportation units shall monitor hazardous chemicals in operation in accordance with regulations、Civil explosives、The transportation of nuclear and radioactive items is monitored through positioning systems。
Relevant units shall implement strict supervision m88 online bettingm88 m88 best betting websiteonline sports bettingand management of infectious disease pathogens and other substances in accordance with regulations,Strictly prevent the spread of infectious disease pathogens and other substances or their inflow into illegal channels。
Controlled equipment、Hazardous chemicals、Civil explosives,Relevant departments under the State Council or provincial people’s governments as needed,In a specific area、Specific time,Can decide on production、Import and export、Transportation、Sales、Use、Scrap implementation control,The use of cash can be prohibited、Trading in kind or imposing other restrictions on trading activities。
Article 23 Guns and other weapons occurred、Ammunition、Hazardous chemicals、Civil explosives、Nuclear and radioactive items、Infectious disease pathogens and other materials stolen、robbed、Lost or other loss,The unit where the crime occurred should immediately take necessary control measures,And report to the public security organs immediately,At the same time, report to the relevant competent authorities in accordance with regulations。After receiving the report,Investigation should be carried out promptly。Relevant competent departments shall cooperate with the public security organs in carrying out their work。
No unit or individual may produce illegally、Production、Storage、Transportation、Import and export、Sales、Provided、Purchase、Use、Hold、Scrap、Destroy the items specified in the preceding paragraph。Discovered by the public security agency,Should be seized;Discovered by other authorities,Should be seized,And immediately notify the public security organs;Other units、Personally discovered,Should be reported to the public security organs immediately。
Article 24 The State Council’s anti-money laundering administrative department、Relevant departments of the State Council、The agency supervises and manages the performance of anti-terrorist financing obligations by financial institutions and specific non-financial institutions in accordance with the law。
The anti-money laundering administrative department of the State Council discovered suspected terrorist financing,Can be investigated according to law,Take temporary freezing measures。
Article 25 Audit、Finance、Taxation and other departments are in accordance with the law、In the process of supervising and inspecting relevant units in accordance with administrative regulations,Discovered capital inflows and outflows suspected of terrorist financing,Should promptly notify the public security organs。
Article 26 Customs is in the process of supervising cash and bearer securities carried by inbound and outbound personnel,Discovered suspected of terrorist financing,Should immediately notify the anti-money laundering administrative department of the State Council and the public security agency with jurisdiction。
Article 27 Formulated by local people's governments at all levels、Organize and implement urban and rural planning,Should meet the needs of counter-terrorism work。
Local people’s governments at all levels shall based on needs,Organization、Urge relevant construction units to install new materials on major roads、Transportation hub、Key parts of urban public areas,Equipment、Installing public security video image information systems and other technologies to prevent terrorist attacks、Physical defense equipment、Facilities。
Article 28 Public security organs and relevant departments are responsible for promoting extremism,Using extremism to endanger public safety、Disturbing public order、Infringement of personal property、Hindering social management,It should be stopped in time,Pursuing legal responsibility according to law。
Public security organs discovered extremist activities,Should be ordered to stop immediately,Forcibly take the relevant personnel away from the scene and register their identity information,For related items、Information will be collected,Search illegal activity venues。
Any organization or individual finds items promoting extremism、Information、Informative,Should be reported to the public security organs immediately。
Article 29 To be instigated、Coercion、Inducement into terrorist activities、Extremist activities,Or participate in terrorist activities、Mild extremist activities,Persons who have not yet committed a crime,The public security organ should organize relevant departments、Village Committee、Residents Committee、Your unit、School attended、Families and guardians will help and educate them。
Prison、Detention Center、Community correction institutions should strengthen the management of terrorist criminals and extremist criminals serving sentences、Education、Correction and other work。Prison、Detention center for terrorist criminals and extremist criminals,Based on the needs of educational transformation and maintenance of regulatory order,Can be mixed with ordinary criminal offenders,Can also be detained individually。
Article 30 Those convicted of terrorist activities and extremist criminals sentenced to a sentence of imprisonment or more,Prison、The detention center should be based on the nature of the crime before release after serving the sentence、Plot and degree of social harm,Performance while serving sentence,Carry out social risk assessment on the impact on the community where you live after release。Conduct social risk assessment,The opinions of relevant grassroots organizations and the original case handling agency should be listened to。Assessed to be socially dangerous,Prison、The detention center shall submit resettlement and education suggestions to the intermediate people’s court where the criminal is serving his sentence,And send a copy of the proposal to the People’s Procuratorate at the same level。
The Intermediate People's Court of the place where the criminal is serving his sentence shall treat those who are indeed dangerous to society,A decision should be made before the prisoner is released from prison to order him to receive resettlement education after he is released from prison。A copy of the decision shall be sent to the People’s Procuratorate at the same level。The person who was decided to be placed in education is dissatisfied with the decision,You can apply for reconsideration to the People’s Court at the next higher level。
Resettlement education is organized and implemented by the provincial people's government。Placement education institutions should evaluate the resettled education personnel every year,For those who have shown repentance,No longer harmful to society,Opinions on lifting resettlement education should be put forward in a timely manner,Report to the Intermediate People’s Court that decides on placement and education for a decision。Resettled education personnel have the right to apply for termination of resettlement education。
The People’s Procuratorate supervises the decision-making and implementation of resettlement education。
Article 31 The public security organs should work together with relevant departments,There is a greater possibility of suffering a terrorist attack and a terrorist attack may cause heavy casualties、Units with property damage or social impact、Place、Activity、Facilities and other facilities are identified as key targets to prevent terrorist attacks,Report to the corresponding anti-terrorism leading agency for filing。
Article 32 The management unit of key targets shall perform the following responsibilities:
(1) Formulate plans to prevent and respond to terrorist activities、Measures,Conduct regular training and drills;
(2) Establish a special fund guarantee system for counter-terrorism work,Equipment、Update prevention and treatment equipment、Facilities;
(3) Designate relevant agencies or implement responsible personnel,Clear job responsibilities;
(4) Implement risk assessment,Real-time monitoring of security threats,Improving internal security management;
(5) Regularly report the implementation of preventive measures to the public security organs and relevant departments。
The management units of key targets should be based on urban and rural planning、Related standards and actual needs,Synchronized design for key goals、Synchronized construction、Synchronized operation of technical defense technologies that comply with the provisions of Article 27 of this Law、Physical defense equipment、Facilities。
Management units of key targets should establish public security video image information systems for on-duty monitoring、Information saving and use、Operation and maintenance management system,Ensure the normal operation of relevant systems。The retention period of the collected video image information shall not be less than ninety days。
For other units involving public security other than key targets、Place、Activity、Facilities,The competent departments and management units shall follow the law、Administrative regulations,Establish and improve safety management system,Implement safety responsibilities。
Article 33 Management units of key targets should conduct security background checks on personnel in important positions。For those who are not suitable for the situation,Position positions should be adjusted,And notify the public security organs of the relevant situation。
Article 34 The organizers of large-scale events and the management units of key targets shall follow regulations,For entering large event venues、Airport、Train Station、Dock、Urban Rail Transit Station、Highway Long-distance Passenger Transport Station、Personnel at ports and other key targets、Safety inspection of items and vehicles。Contraband and controlled items found,Should be detained and reported to the public security organs immediately;Discovered suspected criminals,Should be reported to the public security organs immediately。
Article 35 To aircraft、Train、Ship、Urban rail vehicle、Public trams and other public transportation,The operating unit shall be equipped with security personnel and corresponding equipment in accordance with regulations、Facilities,Strengthen safety inspection and security work。
Article 36 Public security organs and relevant departments should master the basic information and important developments of key targets,Guidance、Supervise the management units of key targets to perform various responsibilities in preventing terrorist attacks。
Public Security Agency、The Chinese People’s Armed Police Force shall guard key targets in accordance with relevant regulations、Patrol、Check。
Article 37 Flight Control、Civil Aviation、Public security and other competent departments should divide work according to their responsibilities,Enhanced airspace、Aircraft and Flight Activity Management,Strictly guard against terrorist activities targeting aircraft or using flight activities。
Article 38 People's governments and military agencies at all levels should set up blocking and isolation nets at key national (border) border sections and ports、Video image collection and anti-cross-border alarm facilities。
The public security organs and the Chinese People’s Liberation Army should strictly organize border patrols,According to regulations, arrival and departure frontiers、Entry and exit of national (border) management areas and national (border) channels、Port personnel、Transportation、item,And inspect ships in coastal and border areas。
Article 39 Entry and Exit Document Issuing Authority、Entry and entry border inspection agencies monitor terrorist activity personnel and terrorist activity suspects,Have the right to decide not to allow them to leave or enter the country、Refuse to issue exit and entry documents or declare their exit and entry documents invalid。
Article 40 Customs、The entry-exit border inspection agency discovers persons suspected of terrorist activities or items suspected of terrorist activities,Should be detained according to law,And immediately transfer it to the public security agency or national security agency。
Inspection and quarantine authorities discovered items suspected of terrorist activities,Should be detained according to law,And immediately transfer it to the public security agency or national security agency。
Article 41 State Department Diplomacy、Public Security、National Security、Development and Reform、Industry and Information Technology、Business、Tourism and other competent departments should establish overseas investment cooperation、Travel and other safety risk assessment system,For Chinese citizens abroad and overseas institutions、Facilities、Enhanced security protection of property,Preventing and responding to terrorist attacks。
Article 42 Offices stationed abroad should establish and improve safety prevention systems and response plans,Strengthen supervision of relevant personnel、Facilities、Safety protection of property。
Chapter 4 Intelligence information
Article 43 The national leading agency for counter-terrorism work establishes the National Counter-Terrorism Intelligence Center,Implement cross-department、m88 online bettingm88 live casino and sports bettingCross-regional intelligence information working mechanism,Coordinate counter-terrorism intelligence information work。
Relevant departments should strengthen the collection of counter-terrorism intelligence information,Relevant clues collected、Personnel、Operation intelligence information,Should be promptly and uniformly reported to the National Counter-Terrorism Intelligence Center in accordance with regulations。
Local anti-terrorism leading agencies should establish an interdepartmental intelligence and information working mechanism,Organize and carry out counter-terrorism intelligence information work,Important intelligence information,Should be reported to the superior anti-terrorism work leadership agency in a timely manner,Emergency intelligence information involving other places,Relevant places should be notified in a timely manner。
Article 44 Public Security Agency、National security agencies and relevant departments should rely on the masses,Strengthen basic work at the grassroots level,Establishing grassroots intelligence and information work force,Improving counter-terrorism intelligence information capabilities。
Article 45 Public Security Agency、National security agency、Military agencies are within the scope of their duties,Due to the needs of counter-terrorism intelligence information work,According to relevant national regulations,After strict approval procedures,Technical reconnaissance measures can be taken。
Materials obtained in accordance with the provisions of the preceding paragraph,Can only be used for counter-terrorism response and criminal activities、Detection of extremist crimes、Prosecution and Trial,Not for other purposes。
Article 46 Relevant departments’ information obtained during the safety precautions specified in Chapter 3 of this Law,Should be based on the requirements of the National Counter-Terrorism Intelligence Center,Promptly provided。
Article 47 National Counter-Terrorism Intelligence Center、Local anti-terrorism leading agencies and public security agencies and other relevant departments should screen relevant intelligence information、Research and Judgment、Verification、Monitoring,Considering there is a risk of a terrorist incident,Appropriate security precautions need to be taken、Responsive measures,Relevant departments and units should be notified in a timely manner,And can issue early warning according to the situation。Relevant departments and units should take safety precautions according to the notification、Response and disposal work。
Article 48 Leading agency for counter-terrorism work、Relevant departments and units、Individuals should be responsible for performing counter-terrorism duties、State secrets learned during the course of duty、Business secrets and personal privacy shall be kept confidential。
Violate regulations and leak state secrets、Business secrets and personal privacy,Pursuing legal responsibility according to law。
Chapter 5 Investigation
Article 49 The public security organs receive reports of suspected terrorist activities or discover suspected terrorist activities,Requires investigation and verification,An investigation should be carried out quickly。
Article 50 Public security organs investigating suspected terrorist activities,Suspects may be questioned in accordance with relevant legal provisions、Check、Summons,Can extract or collect portraits、Fingerprint、Iris images and other human biometric information and blood、Urine、Biological samples such as exfoliated cells,And keep his signature。
Public security organs investigating suspected terrorist activities,People who know the relevant situation can be notified to go to the public security organ or other places for questioning。
Article 51 Public security organs investigating suspected terrorist activities,Right to collect from relevant units and individuals、Retrieve relevant information and materials。Relevant units and individuals should provide truthfully。
Article 52 Public security organs investigating suspected terrorist activities,Approved by the person in charge of the public security organ at or above the county level,You can check the suspect’s deposits、Remittance、Bond、Stock、Fund shares and other properties,Seizure can be adopted、Seizure、Freezing measures。Seized、Seizure、The freezing period shall not exceed two months,The situation is complicated,It can be extended by one month with the approval of the person in charge of the higher-level public security agency。
Article 53 Public security organs investigating suspected terrorist activities,Approved by the person in charge of the public security organ at or above the county level,According to its degree of danger,Order persons suspected of terrorist activities to comply with one or more of the following restraint measures:
(1) Do not leave the city where you live without the approval of the public security organ、County or designated place;
(2) Not allowed to participate in large-scale mass activities or engage in specific activities;
(3) Do not take public transportation or enter specific places without the approval of the public security organ;
(4) No meeting or correspondence with specific persons;
(5) Regularly report activities to the public security organs;
(6) Passport and other entry-exit documents、ID card、Send your driving license to the public security agency for preservation。
Public security agencies can adopt electronic monitoring、Supervise their compliance with restraint measures through irregular inspections and other methods。
The period for taking the restraint measures specified in the preceding two paragraphs shall not exceed three months。For those who do not need to continue to take restraint measures,Should be lifted in time。
Article 54 After investigation by the public security agency,Discovering criminal facts or criminal suspects,The case should be opened for investigation in accordance with the provisions of the Criminal Procedure Law。The relevant time limit specified in this chapter has expired,The public security organ has not filed a case for investigation,Relevant measures should be lifted。
Chapter 6 Response and disposal
Article 55 The state has established and improved a contingency plan system for responding to terrorist incidents.
The national anti-terrorism leadership agency should address the patterns of terrorist incidents、Characteristics and possible social harm,Grading、Develop national response plans by category,Specify the organizational and command system for responding to and handling terrorist incidents and the security prevention of terrorist incidents、Response and disposal procedures and post-event restoration of social order, etc.。
Relevant departments、Local anti-terrorism leading agencies should formulate corresponding response plans。
Article 56 Coping with terrorist incidents,The leading agencies for counter-terrorism work at all levels should establish a command organization with the participation of relevant departments,Implement the commander responsibility system。The person in charge of the leading agency for counter-terrorism work can serve as the commander,The person in charge of the public security organ or the person in charge of other member units of the anti-terrorism work leading agency can also be determined to serve as the commander。
Across provinces、Autonomous Region、Response to terrorist incidents or particularly major terrorist incidents that occur in municipalities directly under the Central Government,Commanded by the national anti-terrorism leading agency;In the province、Autonomous Region、Response to terrorist incidents involving multiple administrative regions or major terrorist incidents occurring within a municipality,Commanded by the provincial anti-terrorism leading agency。
Article 57 After the terrorist incident,The leading agency for counter-terrorism work in the place where the incident occurred should immediately launch a response and disposal plan for terrorist incidents,Confirm commander。Relevant departments and the Chinese People’s Liberation Army、Chinese People’s Armed Police Force、Militia organization,According to the unified leadership of the anti-terrorism work leading agency and commander、Command,Coordinated attack、Control、Rescue、Rescue and other on-site response and disposal work。
The higher-level anti-terrorism leadership agency can provide guidance on response and disposal work,Mobilize relevant counter-terrorism forces for support when necessary。
Need to enter emergency state,Decided by the Standing Committee of the National People's Congress or the State Council in accordance with the authority and procedures stipulated in the Constitution and other relevant laws。
Article 58 After discovering a terrorist incident or a suspected terrorist incident,The public security organs should handle it immediately,And report to the leading agency for counter-terrorism work;Chinese People’s Liberation Army、The Chinese People’s Armed Police Force discovered that someone was carrying out terrorist activities,The case should be brought under control immediately and the case should be transferred to the public security organs in a timely manner。
The leading agency for counter-terrorism work has not yet determined the commander,The highest ranking member of the public security organ handling the situation at the scene shall serve as the on-site commander。The public security organs failed to arrive at the scene,The highest-ranking personnel of the Chinese People’s Liberation Army or the Chinese People’s Armed Police Force at the scene shall serve as the on-site commander。On-site response personnel regardless of whether they belong to the same unit、System,Everyone should obey the command of the on-site commander。
After the commander is confirmed,The on-site commander should ask for instructions、Report work or related situations。
Article 59 Overseas institutions of the People’s Republic of China、Personnel、Important facilities are subject to or may be subject to terrorist attacks,State Department Diplomacy、Public Security、National Security、Business、Finance、State-owned assets supervision and administration、Travel、Transportation and other competent authorities should promptly initiate response plans。The foreign affairs department of the State Council should coordinate relevant countries to take corresponding measures。
Overseas institutions of the People’s Republic of China、Personnel、After a serious terrorist attack on important facilities,After consultation and agreement with relevant countries,The national leading agency for counter-terrorism work can organize diplomacy、Public Security、National security and other departments dispatched staff to carry out response and disposal work abroad。
Article 60 Coping with terrorist incidents,Priority should be given to protecting those directly harmed by terrorist activities、Threaten the personal safety of personnel。
Article 61 After the terrorist incident,The anti-terrorism leading agency responsible for response and disposal may decide that relevant departments and units shall take one or more of the following response and disposal measures:
(1) Organizing the rescue and treatment of victims,evacuate、Evacuate and properly resettle threatened personnel and take other rescue measures;
(2) Block the site and surrounding roads,Check the identity documents of on-site personnel,Set up temporary cordon near relevant places;
(3) Implementation of airspace in specific areas、Sea (water) area control,Inspection of transportation vehicles in a specific area;
(4) Implementing the Internet in specific areas、Radio、Communication Control;
(5) Implementing exit and entry controls in specific areas or for specific persons;
(6) Prohibition or restriction on the use of relevant equipment、Facilities,Close or restrict the use of relevant places,Stop activities that are densely populated with people or production and business activities that may lead to increased harm;
(7) Emergency repair of damaged traffic、Telecom、Internet、Radio and TV、Water supply、Drainage、Power supply、Gas supply、Heating and other public facilities;
(8) Organize volunteers to participate in anti-terrorism rescue work,Requesting the services of someone with specific expertise;
(9) Other necessary response and disposal measures.
Take the response measures specified in items 3 to 5 of the preceding paragraph,Decided or approved by the anti-terrorism leading agency at or above the provincial level;Take the response measures specified in item 6 of the preceding paragraph,Decided by the anti-terrorism work leading agency at or above the districted city level。The applicable time and space scope of the response measures should be clear,And announce it to the public。
Article 62 People’s Police、People’s Armed Police and other equipment in accordance with the law、Weaponed response personnel,Possession of firearms at the scene、Knives and other deadly weapons or using other dangerous methods,Persons who are committing or preparing to commit violent acts,Invalid with warning,Can use weapons;In emergencies or after warning, it may lead to more serious harmful consequences,Weapons can be used directly。
Article 63 Terrorist incident occurred、Development and response information,Issued by the provincial anti-terrorism leading agency where the terrorist incident occurred;Across provinces、Autonomous Region、Terrorist incidents in municipalities,Issued uniformly by the designated provincial anti-terrorism leading agency。
No unit or individual is allowed to make up stories、Spread false information about terrorist incidents;Not to be reported、Disseminate details of the execution of terrorist activities that may lead to imitation;Do not publish cruelty in terrorist incidents、Inhuman scene;In the process of responding to terrorist m88 best betting websitem88 best betting websiteincidents,Except for news media approved by the leading agency responsible for releasing information,Not to be reported、Staff who communicate on-site response and disposal、Hostage identity information and response and disposal actions。
Article 64 After the terrorist incident response is completed,People's governments at all levels should organize relevant departments to help affected units and individuals resume their lives as soon as possible、Production,Stabilize social order and public sentiment in the affected areas。
Article 65 The local people’s government shall promptly provide appropriate assistance to victims of terrorist incidents and their close relatives,And provide timely basic living security to the victims who have lost their basic living conditions and their close relatives。Hygiene、Civil affairs and other competent departments should provide psychological services to victims of terrorist incidents and their close relatives、Medical and other assistance。
Article 66 Public security organs should promptly file and investigate terrorist incidents,Find out the cause of the incident、Process and results,Pursuing terrorist organizations according to law、Criminal liability of persons。
Article 67 The leading agency for counter-terrorism work should conduct a comprehensive analysis of the occurrence and response to terrorist incidents、Summary evaluation,Propose prevention and response improvement measures,Report to the higher level anti-terrorism leading agency。
Chapter 7 International Cooperation
Article 68 International treaties concluded or acceded to by the People’s Republic of China,Or in accordance with the principle of equality and reciprocity,With other countries、Region、International organizations carry out counter-terrorism cooperation。
Article 69 Relevant departments of the State Council in accordance with the authorization of the State Council,Representing the Chinese government in conducting counter-terrorism policy dialogue with foreign governments and relevant international organizations、Intelligence information exchange、Law enforcement cooperation and international funds supervision cooperation。
As long as it does not violate the laws of our country,Local people’s governments at or above the county level and their competent departments in border areas,Approved by the State Council or relevant central departments,Can carry out counter-terrorism intelligence information exchange with neighboring countries or regions、Law enforcement cooperation and international funds supervision cooperation。
Article 70 Criminal judicial assistance for crimes related to terrorist activities、Extradition and transfer of sentenced persons,Performed in accordance with relevant legal provisions。
Article 71 After reaching an agreement with relevant countries,Submit to the State Council for approval,Public Security Department of the State Council、National security departments can send personnel abroad to perform anti-terrorism tasks。
Chinese People’s Liberation Army、The Chinese People’s Armed Police Force sends personnel abroad to perform anti-terrorism tasks,Approved by the Central Military Commission。
Article 72 Materials obtained through international cooperation against terrorism can be subject to administrative penalties、Used as evidence in criminal proceedings,Except for those we promise not to use as evidence。
Chapter 8 Safeguard Measures
Article 73 The State Council and local people's governments at or above the county level shall divide their powers,Include anti-terrorism funds into the fiscal budget at the same level。
The state provides necessary financial support to key anti-terrorism areas,Provide funding guarantees for responding to large-scale terrorist incidents。
Article 74 Public Security Agency、National security agencies and relevant departments,And the People’s Liberation Army of China、Chinese People’s Armed Police Force,Duties stipulated by law,Establishing professional counter-terrorism forces,Strengthen professional training,Equipped with necessary anti-terrorism professional equipment、Facilities。
County level、Township-level people's government as needed,Guide relevant units、Village Committee、Resident committee establishes anti-terrorism force、Volunteer Team,Assistance、Cooperate with relevant departments to carry out anti-terrorism work。
Article 75 For performing anti-terrorism duties or assisting、Persons who cooperated with relevant departments in anti-terrorism work, resulting in disability or death,Provide corresponding treatment in accordance with relevant national regulations。
Article 76 For reporting and stopping terrorist activities,Testify in terrorist crime cases,Or engage in counter-terrorism work,The personal safety of himself or his close relatives is in danger,Apply by myself or her close relatives,Public Security Agency、Relevant departments should take one or more of the following protective measures:
(1) Real name not disclosed、Personal information such as address and work unit;
(2) Prohibit specific people from contacting protected persons;
(3) Take special protective measures for people and residences;
(4) Change the name of the protected person,Rearrange residence and work place;
(5) Other necessary protective measures.
Public Security Agency、Relevant departments shall comply with the provisions of the preceding paragraph,The real name of the protected unit is not disclosed、Address,Prohibit specific people from approaching the protected unit,Office to protected units、Adopt special protective measures for business premises,And other necessary protective measures。
Article 77 National encouragement、Support anti-terrorism scientific research and technological innovation,Develop and promote the use of advanced counter-terrorism technologies、Equipment。
Article 78 Public Security Agency、National security agency、Chinese People’s Liberation Army、The Chinese People’s Armed Police Force has urgent needs to perform its anti-terrorism duties,According to relevant national regulations,Can requisition the property of units and individuals。After the task is completed, it should be returned in time or restored to its original state,And pay the corresponding fees in accordance with regulations;causing losses,Should be compensated。
Causing damage to the legitimate rights and interests of relevant units and individuals as a result of carrying out counter-terrorism work,Compensation should be provided in accordance with the law、Compensation。Relevant units and individuals have the right to request compensation in accordance with the law、Compensation。
Chapter 9 Legal Liability
Article 79 Organization、Planning、Ready for implementation、Carry out terrorist activities,Promote terrorism,Incitement to commit terrorist activities,Illegal possession of items promoting terrorism,Forcing others to wear clothing that promotes terrorism in public places、logo,Organization、Leadership、Join a terrorist organization,For a terrorist organization、Terrorist personnel、Providing assistance in carrying out terrorist activities or providing training on terrorist activities,Pursue criminal responsibility according to law。
Article 80 Participate in one of the following activities,Minor plot,Not yet a crime,Detention by public security organs for not less than ten days but not more than fifteen days,A fine of not more than 10,000 yuan may be imposed:
(1) Promote terrorism、Extremism or incitement to commit terrorist activities、Extremist activities;
(2) Production、Propagation、Illegal possession to promote terrorism、Extremist items;
(3) Forcing others to wear clothing in public places to promote terrorism、Extremist clothing、flag;
(4) To promote terrorism、Extremism or terrorism、Providing information on extremist activities、Funds、Materials、Labor、Technology、Place and other support、Assistance、Convenient。
Article 81 Exploiting extremism,Perform one of the following actions,Minor plot,Not yet a crime,Detention by public security organs for not less than five days but not more than fifteen days,A fine of not more than 10,000 yuan may be imposed:
(1) Forcing others to participate in religious activities,Or force others to go to religious venues、Religious clergy providing property or services;
(2) Intimidation、Driving people of other ethnic groups or people of other faiths out of their place of residence through harassment or other methods;
(3) Intimidation、Interfering with other people’s interactions with people of other ethnic groups or beliefs by means of harassment、Living together;
(4) Intimidation、Interference in other people’s lives and customs through harassment、Methods and production and operation;
(5) Obstructing state agency staff from performing their duties in accordance with the law;
(6) Distortion、Defamating national policies、Law、Administrative regulations,Incitement、Instigating resistance to the people's government's management according to law;
(7) Incitement、Coercing people to destroy or intentionally destroy resident identity cards、Household register and other national legal documents and RMB;
(8) Incitement、Coercing others to replace marriage with religious ceremonies、Divorce registration;
(9) Incitement、Coercing minors not to receive compulsory education;
(10) Others who use extremism to undermine the implementation of the country’s legal system。
Article 82 Knowingly knowing that others have committed terrorist activities and crimes、Extremist criminal behavior,Harboring、Covering,Minor plot,Not yet a crime,Or investigate the relevant situation with the judicial authority、When collecting relevant evidence,Rejected,Detention by public security organs for not less than ten days but not more than fifteen days,A fine of not more than 10,000 yuan may be imposed。
Article 83 Financial institutions and specific non-financial institutions have funds or other assets of terrorist organizations and terrorist personnel announced by the offices of the national anti-terrorism leading agency,Not frozen immediately,The public security organ shall impose a fine of not less than 200,000 yuan but not more than 500,000 yuan,Director who is directly responsible、Senior managers and other directly responsible personnel shall be fined not more than 100,000 yuan;Serious circumstances,A fine of more than 500,000 yuan,Director who is directly responsible、Senior managers and other directly responsible personnel,A fine of not less than RMB 100,000 but not more than RMB 500,000,Can be detained for not less than five days but not more than fifteen days。
Article 84 Telecom business operator、The Internet service provider has one of the following situations,The competent department shall impose a fine of not less than 200,000 yuan but not more than 500,000 yuan,And impose a fine of not more than 100,000 yuan on the person in charge and other directly responsible personnel;Serious circumstances,A fine of more than 500,000 yuan,The supervisor and other directly responsible personnel who are directly responsible for it,A fine of not less than RMB 100,000 but not more than RMB 500,000,The person in charge and other directly responsible personnel for whom the public security organ may be directly responsible,Detention for not less than five days but not more than fifteen days:
(1) Failure to serve as a public security organ in accordance with regulations、National security agencies take precautions in accordance with the law、Providing technical support and assistance such as technical interface and decryption for investigating terrorist activities;
(2) Failure to comply with the requirements of the competent department,Stop transmission、Delete containing terrorism、Messages with extremist content,Save related records,Closing related websites or shutting down related services;
(3) Failure to implement network security、Information content supervision system and security technical precautions,Causing terrorism、Dissemination of information on extremist content,Serious circumstances。
Article 85 Railway、Highway、On the water、Air freight and postal services、Express delivery and other logistics operation units have one of the following situations,A fine of not less than RMB 100,000 but not more than RMB 500,000 shall be imposed by the competent department,And impose a fine of not more than 100,000 yuan on the person in charge and other directly responsible personnel:
(1) Failure to implement safety inspection system,Verify customer identity,Or transportation is not carried out in accordance with regulations、Sending items for security inspection or unsealing inspection;
(2) Prohibited transportation、Shipment,Major safety hazard exists,Or the customer refuses to transport the items for security inspection、Delivered;
(3) Transportation not implemented、Shipping customer identity、Item information registration system。
Article 86 Telecom、Internet、Financial business operator、The service provider failed to verify the customer’s identity as required,Or unknown、Services provided to customers who refuse identity verification,The competent authority should order correction;Refuse to correct,A fine of not less than 200,000 yuan but not more than 500,000 yuan,And impose a fine of not more than 100,000 yuan on the person in charge and other directly responsible personnel;Serious circumstances,A fine of more than 500,000 yuan,The supervisor and other directly responsible personnel who are directly responsible for it,A fine of not less than RMB 100,000 but not more than RMB 500,000。
Accommodation、Long distance passenger transport、Motor vehicle rental and other business operators、The service provider falls under the circumstances specified in the preceding paragraph,A fine of not less than RMB 100,000 but not more than RMB 500,000 shall be imposed by the competent department,And impose a fine of not more than 100,000 yuan on the person in charge and other directly responsible personnel。
Article 87 Violation of the provisions of this law,Any of the following situations,Warning given by the competent authority,And ordered to correct;Refuse to correct,A fine of not more than 100,000 yuan,And impose a fine of not more than 10,000 yuan on the person in charge and other directly responsible personnel:
(1) Failure to handle firearms and other weapons in accordance with regulations、Ammunition、Controlled equipment、Hazardous chemicals、Civil explosives、Electronic tracking marking of nuclear and radioactive items,Adding security tracers to civilian explosives;
(2) Failure to handle hazardous chemicals in operation in accordance with regulations、Civil explosives、The transportation of nuclear and radioactive items is monitored through positioning systems;
(3) Failure to implement strict supervision m88 online bettingm88 m88 best betting websiteonline sports bettingand management of infectious disease pathogens and other substances in accordance with regulations,Serious circumstances;
(4) Violation of the regulations on devices controlled by the relevant competent departments of the State Council or the provincial people’s government、Hazardous chemicals、Measures to control or restrict trade in civilian explosives。
Article 88 Management of key targets to prevent terrorist attacks、The operating unit violates the provisions of this law,Any of the following situations,Warning given by the public security agency,And ordered to correct;Refuse to correct,A fine of not more than 100,000 yuan,And impose a fine of not more than 10,000 yuan on the person in charge and other directly responsible personnel:
(1) Failure to formulate a plan to prevent and respond to terrorist activities、measure of;
(2) No special funding guarantee system for anti-terrorism work has been established,Or not equipped with prevention and treatment equipment、Facility's;
(3) Failure to confirm the working organization or responsible personnel;
(4) Failure to conduct security background checks on personnel in important positions,Or failing to adjust the positions of those who are not suitable for the situation;
(5) Public transportation vehicles are not equipped with security personnel and corresponding equipment in accordance with regulations、Facility's;
(6) Public safety video image information system is not established for on-duty monitoring、Information saving and use、Operation and maintenance management system。
The organizers of large-scale events and the management units of key targets did not comply with regulations on entry to large-scale event venues、Airport、Train Station、Dock、Urban Rail Transit Station、Highway Long-distance Passenger Transport Station、Personnel at ports and other key targets、Safety inspection of items and vehicles,The public security organs should order corrections;Refuse to correct,A fine of not more than 100,000 yuan,And impose a fine of not more than 10,000 yuan on the person in charge and other directly responsible personnel。
Article 89 Persons suspected of terrorist activities violate the restraint measures ordered by the public security organs,Warning given by the public security agency,And ordered to correct;Refuse to correct,Detention for not less than five days but not more than fifteen days。
Article 90 Fabricated by news media and other units、Spread false information about terrorist incidents,Report、Disseminate details of the execution of terrorist activities that may lead to imitation,Post cruelty in terrorist incident、Inhuman scene,Or not approved,Report、Staff who communicate on-site response and disposal、Hostage identity information and response and disposal actions,A fine of not more than 200,000 yuan will be imposed by the public security organ,The supervisor and other directly responsible personnel who are directly responsible for it,Detention for not less than five days but not more than fifteen days,A fine of not more than 50,000 yuan may be imposed。
Individuals who commit acts specified in the preceding paragraph,Detention by public security organs for not less than five days but not more than fifteen days,A fine of not more than 10,000 yuan may be imposed。
Article 91 Refuse to cooperate with relevant departments in carrying out anti-terrorism security precautions、Intelligence information、Investigation、In response to disposal work,A fine of less than 2,000 yuan will be imposed by the competent department;causing serious consequences,Detention for not less than five days but not more than fifteen days,A fine of not more than 10,000 yuan may be imposed。
The unit has the behavior specified in the preceding paragraph,A fine of not more than 50,000 yuan will be imposed by the competent department;causing serious consequences,A fine of not more than 100,000 yuan;The person in charge and other directly responsible persons directly responsible for it shall be punished in accordance with the provisions of the preceding paragraph。
Article 92 Hindering relevant departments from carrying out anti-terrorism work,Detention by public security organs for not less than five days but not more than fifteen days,A fine of not more than 50,000 yuan may be imposed。
The unit has the behavior specified in the preceding paragraph,A fine of not more than 200,000 yuan will be imposed by the public security organ,The person in charge and other directly responsible persons directly responsible for it shall be punished in accordance with the provisions of the preceding paragraph。
Obstruct the People's Police、People's Liberation Army、The people’s armed police perform their duties in accordance with the law,Severe punishment。
Article 93 The unit violates the provisions of this law,Serious circumstances,Ordered by the competent authorities to stop engaging in relevant business、Provide relevant services or order suspension of production and business;causing serious consequences,Revoke relevant licenses or cancel registration。
Article 94 Leading agency for counter-terrorism work、Staff of relevant departments abused their powers in counter-terrorism work、Neglect of Duty、Practice for personal gain,Or violating regulations and leaking state secrets、Business secrets and personal privacy behaviors,Constituting a crime,Pursue criminal responsibility according to law;Not yet a crime,Punishment according to law。
Leading agency for counter-terrorism work、Relevant departments and their staff abused their powers in counter-terrorism work、Neglect of Duty、Practice for personal gain or commit other illegal or disciplinary acts,Any unit or individual has the right to report to the relevant departments、Accusation。Relevant departments received reports、After accusation,Reports should be handled and responded to in a timely manner、Accuser。
Article 95 Seizure in accordance with the provisions of this law、Seizure、Freeze、Detention、Confiscated items、Funds, etc.,Those found not to be related to terrorism after review,Relevant measures should be lifted promptly,Refund。
Article 96 Relevant units and individuals are dissatisfied with decisions on administrative penalties and administrative coercive measures made in accordance with this law,You can apply for administrative reconsideration or file an administrative lawsuit in accordance with the law。
Chapter 10 Supplementary Provisions
Article 97 This law shall come into effect on January 1, 2016。The "Decision of the Standing Committee of the National People's Congress on Issues Concerning Strengthening Anti-Terrorism Work" adopted at the 23rd meeting of the Standing Committee of the Eleventh National People's Congress on October 29, 2011 is repealed at the same time。