China's Legal Framework and Measures for Counterterrorism

The State Council Information Office of the People's Republic of China January 2024

Contents

Preface

I. An Improving Legal Framework for Counterterrorism

II. Clear Provisions for the Determination and Punishment of Terrorist Activities

III. Standardized Exercise of Power in Fighting Terrorism

IV. Protection of Human Rights in Counterterrorism Practices

V. Effective Protection of People's Safety and National Security

Conclusion

Preface

Terrorism is the common enemy of humanity, posing a grave threat to international peace and security, and representing a challenge to all countries and all of humanity. All members of the international community share the responsibility to fight it.

Over the decades, the United Nations has led the creation of relevant conventions and other instruments, coordinating member states in their joint efforts to combat terrorism, and bringing such efforts under the rule of law. In response to its call, many countries have actively fulfilled their international obligations by making and enforcing domestic counterterrorism laws and strengthening international cooperation against terrorism. Through unremitting efforts, the international community has gradually established a multitiered framework of legal instruments against terrorism, including international and regional conventions, multilateral and bilateral treaties and agreements, and domestic laws.

As a victim of terrorism, China has long faced its real threat, and has always attached great importance to law-based counterterrorism efforts. It has accumulated experience by concluding or joining international conventions and treaties and amending and improving criminal laws. In the face of new developments in international and domestic terrorism, China has first endeavored to gain a deeper understanding of law-based counterterrorism, summarize its underlying dynamics, and identify appropriate countermeasures. Drawing on foreign experience, China has formulated counterterrorism laws, improved the legal framework, and made consistent application of these laws. These have provided legal safeguards for China's ramped up efforts in combating terrorism.

China has found a path of law-based counterterrorism that conforms to its realities by establishing a sound legal framework, promoting strict, impartial, procedure-based law enforcement, and ensuring impartial administration of justice and effective protection of human rights. It has safeguarded national and public security, protected people's lives and property, and contributed to global and regional security and stability.

I. An Improving Legal Framework for Counterterrorism

Headed by the UN, its specialized agencies, and some other international organizations, the international community has formulated 13 global counterterrorism conventions since the 1960s, demonstrating its position and attitude on counterterrorism.

To strengthen international cooperation and effectively prevent and combat terrorist activities, China has joined or ratified a number of conventions since the late 1970s, including the Convention on Offences and Certain Other Acts Committed on Board Aircraft, Convention for the Suppression of Unlawful Seizure of Aircraft, and Convention for the Unification of Certain Rules for International Carriage by Air. In light of its national conditions, and following constitutional principles, China has drawn on useful experience from the international community and accelerated its efforts to build a domestic counterterrorism legal framework since the 1990s.

— Amending and improving the criminal laws.

Terrorism is viewed by the international community as a serious criminal offense, and is therefore a highlighted target of criminal laws in all countries.

In March 1997, China's National People's Congress (NPC) amended the Criminal Law, adding the crimes of forming, leading, or participating in a terrorist organization, and tightening sanctions for crimes of terrorism.

After the September 11 attacks in the United States in 2001, many countries took prompt and effective measures to combat terrorism. In December the same year, China's NPC Standing Committee adopted Amendment III to the Criminal Law, which consists of eight revisions and additions for improving and clarifying provisions on terrorist activities. One of the additions relates to the crime of financing terrorism. This was part of China's effort to implement UN Security Council Resolution 1373.

At the same time, to sanction money laundering for terrorist activities, China prescribed terrorism as a predicate crime of money laundering. In June 2006, the NPC Standing Committee adopted Amendment VI to the Criminal Law, which further clarifies penalties on money laundering for terrorist activities. In response to new developments and issues in the crime of terrorism, in August 2015 the NPC Standing Committee adopted Amendment IX to the Criminal Law, adding to it the crimes of preparing for terrorist activities, advocating terrorism and extremism, inciting terrorism, and using extremism to undermine law enforcement, while also clarifying relevant charges and penalties.

In 2012 and 2018, the NPC and its Standing Committee amended the Criminal Procedure Law to add provisions on the investigation, prosecution, and trial procedures for crimes of terrorism. The Supreme People's Court and the Supreme People's Procuratorate have independently or jointly formulated and issued a series of judicial interpretations to further standardize the application of law and prosecution procedures for combating crimes of terrorism.

— Making a counterterrorism law.

Since the beginning of the 21st century, a series of horrendous terrorist attacks have occurred around the world. In response, many countries have made their own counterterrorism law, or amended existing laws. In October 2011, to strengthen counterterrorism, safeguard national security, maintain social stability, and protect people's lives and property, the NPC Standing Committee adopted the Decision on Issues Related to Strengthening Counterterrorism Work, which defines the concept of terrorism, the leading state counterterrorism body and its duties, the determination of terrorist organizations and individuals, the publication of lists of these organizations and individuals, and the principles for international cooperation. This laid a solid foundation for subsequent legislation.

Between 2011 and 2014, terrorist attacks hit multiple countries, signaling a resurgence of terrorism worldwide. Forces of terrorism, separatism and extremism, both within and outside China, carried out violent terrorist acts in Xinjiang, Beijing, Yunnan, and other places.

From April 2014, to summarize the experience against crimes of terrorism, improve the counterterrorism mechanism, and curb frequent and widespread acts of violence and terrorism, the leading state counterterrorism body led several other departments in conducting field investigations, research and argumentation, soliciting opinions and suggestions from all parties, and drafting a counterterrorism law. In October 2014, the NPC Standing Committee held the first deliberations on the draft law, published it in full to the public for suggestions, and made revisions. In February and December 2015, it deliberated on the draft law for the second and third rounds to improve it. On December 27, 2015, the NPC Standing Committee adopted the Counterterrorism Law. It is a comprehensive counterterrorism law that defines China's basic principles and stance on counterterrorism. By specifying provisions on the determination of terrorist organizations and individuals, security protection, intelligence information, investigation, response and handling, international cooperation, safeguard measures, and legal liability, it provides a strong legal guarantee for preventing and punishing terrorist activities. In April 2018, the NPC Standing Committee amended the law to further clarify the responsibilities of competent departments and facilitate effective counterterrorism work.

Example 1 Draft Counterterrorism Law Open for Public Comment

Following the first deliberations on the draft counterterrorism law, the Legislative Affairs Commission of the NPC Standing Committee, in accordance with the Legislation Law, published the draft on the NPC website for public comment and distributed it to provincial-level administrative units, relevant central departments, some universities, and legal research institutions for suggestions. Based on the opinions and suggestions solicited, the NPC Standing Committee revised and improved the draft.

— Improving other relevant laws.

China has made consistent efforts to upgrade the counterterrorism provisions of relevant laws to strengthen systematic coordination among different laws, close legal loopholes, improve areas of weakness, and form synergy in counterterrorism practice:

The Anti-Money Laundering Law, adopted in 2006, provides for the prevention and suppression of terrorist financing and related illegal and criminal activities. The National Security Law, adopted in 2015, provides for the fight against terrorism and extremism. The Cybersecurity Law, adopted in 2016, prohibits the use of the internet to advocate terrorism and extremism. The National Defense Law, amended in 2020, provides for the lawful use of armed forces in combating terrorism. The Law on the People's Armed Police, amended in 2020, provides for the People's Armed Police Force to perform the tasks of preventing and responding to terrorist activities. The Law on Safeguarding National Security in the Hong Kong Special Administrative Region enacted in 2020 contains provisions on combating crimes of terrorism in the region and defined the relevant penalties.

— Improving relevant administrative regulations.

The Chinese government has continued to improve counterterrorism provisions of relevant administrative regulations to meet practical counterterrorism needs, strengthen coordination and cooperation among relevant administrative bodies, and define the responsibilities of all parties:

The Administrative Measures for Internet Information Services, adopted in 2000, ban the production, reproduction, publication and distribution of content that spreads terror. The Regulations on Religious Affairs, amended in 2017, stipulate that no organization or individual may use religion to carry out terrorist activities. Regulations on the Protection of Minors in Cyberspace adopted in 2023 ban the production, reproduction, publication and distribution of information online containing content of terrorism and extremism that will damage the physical and mental health of minors.

— Making new local regulations.

After the Counterterrorism Law came into force in 2016, Xinjiang, Zhejiang, Hunan, Shanghai, Sichuan, Fujian, Beijing, and some other localities developed measures on the enforcement of the law within their respective administrative regions in light of local realities and in accordance with the local legislative authority conferred by the Constitution and the Legislation Law. Xinjiang formulated the Regulations of Xinjiang Uygur Autonomous Region on Deradicalization, with detailed work measures and means to make the law more practicable. In addition, some localities added content on strengthening counterterrorism work when formulating local regulations on religious affairs and public security.

— Formulating departmental and local government rules.

To better implement counterterrorism-related laws and regulations and improve counterterrorism work in respective sectors or localities, central departments and local governments have formulated counterterrorism rules that meet their specific needs in accordance with statutory authority and procedures:

In 2014, the People's Bank of China, Ministry of Public Security, and Ministry of State Security formulated the Administrative Measures for the Freezing of Assets Relating to Terrorist Activities, with provisions on the procedures and actions for freezing terrorism-related assets. In 2021, the Qinghai provincial government adopted the Administrative Measures of Qinghai Province for Railway Safety, with provisions on establishing a counterterrorism command and coordination mechanism and building the capacity to guard against possible terrorist attacks.

Relying on more than 40 years of experience, China has gradually formed a counterterrorism legal framework based on the Constitution. With the Counterterrorism Law as the centerpiece and the criminal laws and National Security Law playing major roles and other laws as supplements, it also covers administrative regulations, judicial interpretations, local regulations, and departmental and local government rules.