(Passed at the 15th Meeting of the 12th National People’s Congress Standing Committee on 1 July 2015)
Chapter I: General principles
Article 1: In order to safeguard national security, defend the people’s democratic dictatorship regime and the system of Socialism with Chinese characteristics, protect the fundamental interests of the people, ensure the smooth progress of reform, opening up and Socialist modernization construction, and realize the great rejuvenation of the Chinese nation, in accordance with the Constitution, this Law is formulated. Read the rest of this entry »
A few days ago, it was reported in the Chinese press that opinions were solicited concerning the promulgation of cybersecurity legislation. According to these reports, consultation meetings had already been held with large Chinese companies such as Baidu, Alibaba, Tencent, 360 and Huawei, and that public consultation would be imminent. In the mean time, a draft cybersecurity law has been presented to the National People’s Congress Standing Committee at its bimonthly meeting. No text has been released as of yet, but a Xinhua press release summaries the main points of the draft.
Draft Cybersecurity Law: Safeguard Sovereignty in Cyberspace
Xinhua (Journalists Luo Yufan, Chen Fei)
In order to ensure cybersecurity, safeguard sovereignty and national security in cyberspace, stimulate the healthy development of economic and social informatization, the incessant perfection of laws and regulations in the area of cyberspace protection is urgently required. The 5th Meeting of the 12th National People’s Congress Standing Committee has deliberated a draft cybersecurity law on the 24th.
The draft has 18 articles in 7 chapters, and provides a concrete structural design for areas such as guaranteeing the security of network products and services, guaranteeing the security of network operations, guaranteeing the security of network data, and guaranteeing the security of network information. Read the rest of this entry »
Notice concerning Further Strengthening Management of Radio and Television Presenters and the Use of Guest Stars
This translation is based on a Xinhua announcement via QQ News. I am not sure this is the complete text of the Notice, given its brevity and lack of detail, but no more complete version has so far been published.
XGDF No. 129
I, Strictly implement on-the-job management regulations for presenters.
News, commentary and interview programmes may not have or covertly have assisting presenter positions, radio and television programmes must have a clear division of work between presenters and guest stars, presenters shall be responsible for anchoring, guiding and controlling the programme, it is prohibited to have “guest star presenters”, and guest stars cannot exercise the duties of presenters.
II, Strengthen information management of presenters’ professional conduct.
III, Earnestly implement pre-broadcast censorship and rebroadcast re-censorship structures.
IV, Strengthen education and training for presenters and guest stars.
V, Make clear who bears chief responsibilities, and ensure they are satisfactorily carries out.
VI, Ensure that presenter qualifications are inspected and management structures are constructed for presenters and guest stars.
This Notice takes effect on 1 July 2015. The Notice requires that all radio and television work units “grasp the research and formulation of management rules for presenters and the use of guest stars in that work unit, professional conduct information management rules, pre-broadcast censorship regulations and education and training plans.
My article on China’s 2013 constitutionalism debate and its implications for political and legal reform has now been published in The China Journal. It can be accessed, for academic subscribers, through JSTOR. The working paper version remains available on SSRN.
Speech at the Initiation Ceremony for the 2nd National Cybersecurity Propaganda Week
1 June 2015
All respected guests,
Comrades, students, friends:
Good morning, everyone! Today is “1 June”, the International Children’s Day, on this beautiful day that belongs to children, we are holding the initiation ceremony for the 2nd National Cybersecurity Propaganda Week in the China Science and Technology Museum. First and foremost, on behalf of the Central Internet Information Office [Note: this is a literal translation, the official English name for this body is the Cyberspace Administration of China], I’d like to send my congratulations to children on this holiday, and would like to express heartfelt thanks to all sponsoring work units, all localities and all departments, all enterprises and news media that support and participate in this Cybersecurity Propaganda Week! Read the rest of this entry »
This article was originally posted on the Red Flag Manuscripts/Seeking Truth website on 22 May.
The 3rd Plenum of the 18th Party Congress put forward the overall objective of comprehensively deepening reform, which requires “perfecting and developing the Socialist system with Chinese characteristics, and moving forward the modernization of State governance systems and governing capabilities”. The modernization of State governance systems and governing capabilities transcend and develop traditional management, they cannot do without the support of modern Internet and informatization technologies, this is a major change with revolutionary significance, and requires our deep research. Read the rest of this entry »
This article was published today in the PLA Daily, and reposted on the Seeking Truth website.
No-one living today can leave the network. The network is changing people’ lives, and is profoundly influencing national security.
Cybersovereignty symbolized national sovereignty. The online space is also the security space of a nation. If we do not occupy the online battlefield ourselves, others will occupy it; if we do not defend online territory ourselves, sovereignty will be lost, and it may even become a “bridgehead” for hostile forces to erode and disintegrate us.
The Internet has become the main battlefront for struggle in the ideological area. With the existence of the network, the ideological front has been completely thrown open, gates of minds have become gates of the country, defence of the mind has become defence of the country, and a battle of the minds has become a hidden war. Whoever controls the network, will seize the commanding heights in the ideological struggle, and command the lifelines of national security and development in the information era.
Network resources are not virtual resources, but they are real resources involving national security. In the network age, a country’s information, resources, morale, key nodes, etc., can be wantonly pillaged by hostile nations who control advanced network technology.
National security has become an important component part of our country’s overall security “chessboard”. It may be said that without cybersecurity, there is no national security.
With regard to cybersecurity, apart from the fact that we have strengthened technological forces, strengthening “moral defence” forces should become the heaviest of heavies. The Internet is “the greatest variable” that we face, if we do not handle it well, it may become “an anxiety in hearts and minds”. Especially online ideological work involves our banners, our path and national political security, this is a core battlefield that we must defend and occupy. A scholar pointed out that: “control of cyber power in the 21st century is equally decisive as controlling naval power in the 19th Century and airpower in the 20th”. Western anti-China forces have continuously and vainly attempted to use the Internet to topple China. A few years ago, western political leaders stated that “with the Internet, there is a way to counter China”, and “Socialist countries will fall into the Western fold, and this will start with the Internet”.
Consequently, Western hostile forces and a small number of “ideological traitors” in our country use the network, and relying on computers, mobile phones and other such information terminals, maliciously attack our Party, blacken the leaders who founded the New China, vilify our heroes, and arouse mistaken thinking trends of historical nihilism, with the ultimate goal of using “universal values” to mislead us, using “constitutional democracy” to throw us into turmoil, use “colour revolutions” to overthrow us, use negative public opinion and rumours to oppose us, and use “de-partification and depoliticization of the military” to upset us.
On this battlefield of the Internet, whether or not we are able to ward of the enemy from the gates of minds, directly affects our country’s ideological security and regime security. This is an online public opinion battle with glints and flashes of cold steel and numerous opportunities to make a kill. Back in the day, to tackle the Soviet Union, one method Western hostile forces adopted was online infiltration in the ideological area. Afterwards, in the Southern Alliance, and a number of countries in Southwest Asia, and North Africa, they played the same tricks: through subverting the online platforms of their target countries, they used means such as garbled statements and palming off the spurious as the genuine to attack their targets, and so by borrowing a knife to kill someone, they eliminated their strategic adversary in the real world.
If hearts are won, there is gladness, if hearts are lost, there is failure. A regime’s disintegration often begins in the ideological area, political upheaval and regime change can happen in the space of a night, but ideological evolution is a long-term process. If the ideological front is broken, other fronts will become difficult to hold. We must grasp the leadership power, management power and discourse power in online ideology work closely in our hands, we cannot let it fall to others at any time, otherwise, we will make irreversible and historical mistakes.
Even so, in comparison with the strategic attacks conducted in an organized, targeted, planned and gradual manner by hostile powers who have dominated online public opinion guidance power for a ling time, a small number of leading cadres in our Army haven’t yet learnt “the art of swimming” in the high waves of the network, they lack a sober understanding and sense of worry concerning the circumstances of the online public opinion struggle, and lack an active understanding and sense of purpose in battling for online “terrain” for the sake of the Party, the country and the Army.
Strengthening online ideology work means safeguarding the highest interest of the country and the nation, and safeguarding the fundamental interests of the people. In the face of this struggle, we cannot and must not retreat, we cannot and must not lose. If we do not give high regard to cybersovereignty, and do not put online ideological work in a high position and grasp it in our hands, the masses will be led astray by the enemy, and the military will face the risk of changing of nature and colour. It may be said that our biggest danger endangers it battlefield, and the most crucial matter is the crux of this battlefield.
It is still necessary to field the main force on this battlefield. In the journey towards a strong country and a strong military, our Army must not only firmly safeguard national sovereignty, security and development interests on the tangible traditional battlefield, it must also firmly defend ideological security and political security on the intangible cyber battlefield, this is a task to which we are duty-bound. Only if we act as we did at the time of the Battle of Triangle Hill, are riveted to the most forward position of the battlefield and the fight in this ideological struggle, are online “seed machines and propaganda teams”, and arouse hundreds and thousands in the “Red Army”, will we be able to be good shock troops and fresh troops in the construction of the “Online Great Wall”, and will we be able to endure and vanquish in this protracted, smokeless war.
Notice concerning the Standardization of the Online Reprinting Copyright Order (National Copyright Administration, April 2015)
While many scholars have debated the question whether the Internet would change China, the question whether China would change the Internet has received less attention. However, the Internet’s arrival in China meant it entered into a highly complex, historically formed political culture. This created a lens through which government has perceived the potential harms and benefits of Internet technology, and a normative basis for a governing strategy. This essay attempts a preliminary exploration of how the cultural elements of Chinese politics, deeply influenced by both Confucian and Leninist tenets, have interacted with information technology. It is available free of charge through SSRN.
Planning Outline for the Construction of a Social Credit System (2014-2020) (State Council, June 2014)
In order to implement the CCP Central Committee General Office and State Council General Office “Guiding Opinions concerning Promoting the Converged Development of Traditional Media and New Media”, encourage lawful and sincere business between newspaper and periodical work units and Internet media, promote the establishment and completion of copyright cooperation mechanisms, and standardize the online reprint copyright order, on the basis of the relevant regulations of the “Copyright Law of the People’s Republic of China”, the “Copyright Law Implementation Regulations of the People’s Republic of China”, and the “Regulations to Protect the Right of Distribution Through Information Networks”, matters concerning standardizing the online reprint copyright order are hereby notified as follows: Read the rest of this entry »
Mutual Trust through Communication, Cooperation through Win-Win (Speech, Lu Wei, 2 December 2014)
Liu Yunshan: Safeguard Cybersecurity, Build a Strong Network Country (Speech, Liu Yunshan, 24 November 2014)
A Network Shared Together, A Space Governed Together (Speech, Lu Wei, 23 June 2014)
Internet Society of China Proposal Letter on Resisting Online Rumours (Internet Society of China, April 2012)
CCP Central Committee Instructions concerning the Rectification Movement (Central Committee, April 1957)
On 6 February, the Central Leading Group for Cybersecurity and Informatization and China Mobile jointly organized a nationwide conference for cyber and information security, at which China Telecom, China Mobile, People’s Daily Online, Xinhua Online, Qihoo 360 and other such Internet and information technology firms committed to new list of proposals concerning reforming the online environment. These documents mostly have symbolic value, but demonstrate the continuing pressure on enterprises to “identify with” (rentong 认同) the State’s objectives.
Since the 18th Party Congress, and especially since the establishment of the Central Leading Group for Cybersecurity and Informatization, the Centre has put forward a series of major policies and strategic deployments concerning cybersecurity and informatization work, greatly inspiring internet and information technology enterprises as well as sectoral organizations nationwide. Everyone deeply feels major responsibilities, and shall dare to undertake work, act vigorously, give rein to their own superiorities, and truly make even greater contributions to safeguarding our country’s cyber and information security. To this end, the Chinese Cyberspace Security Association, together with all Internet and information technology enterprises and sectoral organizations publish the following proposal: Read the rest of this entry »
This Qiushi (Seeking Truth) editorial on Dialectical Materialism was published first on 15 February.
Study and Use Dialectical Materialism, Strengthen and Coordinate our Abilities to Move the “Four Comprehensives” forward.
Not long ago, General Secretary Xi Jinping made an important speech at the 20th collective study session of the Politburo, stressing that dialectical materialism is the worldview and methodology of Chinese Communist Party members, that our Party must unite and lead the people in moving the comprehensive construction of a moderately prosperous society, the comprehensive deepening of reform, comprehensively governing the country according to the law and comprehensively governing the Party strictly forward in a coordinated manner, realize the “Two Centenaries” struggle objective, and realize the Chinese Dream of the great rejuvenation of the Chinese nation, that we must incessantly receive the nourishment and wisdom of Marxist philosophy, even more consciously uphold and use the worldview and methodology of dialectical materialism, strengthen our abilities in dialectical thinking and strategic thinking, strive to raise our skill in resolving fundamental problems in our country’s reform and development, and develop a Chinese Marxism for the 21st Century. Giving high regard to studying and grasping the worldview and methodology of Marxism, is an excellent tradition that our Party has consistently maintained through the Chinese revolution, construction and reform periods. The important speech of General Secretary Xi Jinping has pointed out the direction for our preparations to respond with a magnificent struggle that has many new historical characteristics, for the coordination of moving the “Four Comprehensives” forward and spare no effort for the realization of the Chinese Dream.
To persist in starting from our basic national circumstances and starting from objective reality from beginning to end to formulate policies and move work forward, we must earnestly study and grasp the basic tenets of dialectical materialism concerning the world being unified in matter, and that matter decided consciousness. The relationship between spirit and matter is a fundamental philosophical question, and is a fundamental question in real work. All of humankinds’ activities are inseparable from the two aspects of spirit and matter. Only dialectical materialism scientifically resolves the relationship between spirit and matter, has demonstrated that the world is unified in matter, and objective existence decides subjective consciousness. Because of this, in real work, we must ensure everything starts from reality, and truth must be sought from facts. The biggest objective reality in contemporary China is that our country still is, and for a long time will remain, in the primary stage of Socialism, this is the fundamental objective point for us to understand the present, plan the future, formulate policy and move our undertaking forward, we cannot become separated from this basic point. The reason that the theory, line, principles and policies that our Party has put forward and implemented in the present stage are correct is because they have taken our country’s current social existence as basis. At present, we must both consider that the fundamental national circumstance of the primary stage of Socialism has not changed, and must also consider that our country’s economic and social development has brought new characteristics in every phase. We must correctly grasp the unity of this sort of “non-change” and “change”, we must neither mark a boat to seek a sword [an old Chinese proverb], neither can we help the plants grow by pulling on the sprouts, we must persist in starting from our country’s fundamental national circumstances and development requirements from beginning to end. When we put forward we must correctly grasp and actively adapt to the new normal in economic development, this is a judgement responding to the changes in the international and domestic environment, and of a dialectical analysis of the characteristics of our country’s economic development stage. Correctly grasping the new changes and new characteristics of our country’s different development stages, ensuring that the subjective world conforms better to objective reality, and deciding on work policies according to reality are work methods that we must closely keep in mind.
To forcefully strengthen the construction of the Socialist core value system and strengthen our country’s soft power, we must earnestly study and grasp the tenets of dialectical materialism concerning the counter effect of consciousness on matter. Dialectical materialism, under the precondition that it affirms that matter decides consciousness, also admits that consciousness displays a huge dynamic effect on understanding and changing the world, which demands that we respect the integration of objective laws and giving rein to subjective initiative. “People must have a bit of spirit.” General Secretary Xi Jinping pointed out that: “dialectical materialism is not a denial of the counter effect of consciousness on matter, but it believes that this sort of counter effect sometimes can be extremely huge. Our Party has put ideological construction in the first place in Party building from beginning to end, and has stressed that ‘revolutionary ideals are higher than heaven’, the reason for this is that spirit changes matter and matter changes spirit dialectically.” To realize the Chinese Dream, we must carry forward a Chinese spirit. Realizing the Chinese Dream demands that we not only strengthen in material terms, but also that we expand spiritually. From ancient times to the present, any large country’s development process has been a process of rising power in economic quantities, military power and other such hard power factors, as well as a rise in value systems, ideology, culture and other such soft power. For a nation, for a country, the most long lasting and the most profound force is a core value system commonly recognized by all of society. We must not slacken education about ideals and conviction, the construction of ideology and morality, and ideological work, forcefully foster and carry forward the Socialist core value system, and use a Chinese spirit that is rich in the flavour of the times to concentrate China’s forces.
To incessantly strengthen our consciousness about problems and strengthen our ability to vigorously respond to and resolve contradictions we run into during our progress in moving the “Four Comprehensives” forward, we must earnestly study and grasp the fundamental principles of dialectical materialism concerning material contradictions. Some leading cadres, when they run into problems or contradictions, often want to avoid or dodge the matter, one important reason for this is that they do not understand that material contradictions are the inherent drivers to promote material development. The general characteristics of dialectical materialism are connection and development, it is a theory concerning universal connection and comprehensive development. The law of the unity of opposites is the essence and core of dialectical materialism, it takes the objective universality of contradictions as preconditions, and understands that the driver of development lies in the unity of opposites of both sides of material contradictions. The problem is the manner in which material contradictions manifest themselves. Stressing that we must strengthen a consciousness of problems, persist in a problem orientation, means recognizing the universality and objectivity of contradictions, and means that we must be good at making the understanding and dissolution of contradictions into a breakthrough point to open up work situations. Problems are the voices of the times. Our Party has led the people in the revolution, construction and reform, and has always done so for the sake of resolving China’s real problems. The correct attitude for dealing with contradictions should be directly facing contradictions, and using the complementary characteristics of contradictions to promote material development through the process of resolving contradictions. At present, the Centre puts forward the accelerated transformation of economic development, adjusting economic structures, reducing excess production capacity, strengthening the construction of an ecological civilization and other such tasks, all of these are aimed at a number of profound contradictions that affect a broad area and are strongly coupled, they are for the sake of incessantly guiding action according to circumstances, they directly face and resolve contradictions. General Secretary Xi Jinping has pointed out that: “in the face of complex circumstances and onerous tasks, we must first and foremost look at the entire picture, and ensure we have a detailed knowledge of all sorts of contradictions, at the same time, we must also resolve main contradictions and the main aspects of contradictions with priority, in order to drive the resolution of other contradictions.” This demands that we not only understand contradictions and view them correctly, we must also be good at finding the main contradictions out of a mass of contradictions, look for the main aspects of contradictions on both sides of every contradiction, and persist in the dialectical unity of the “dialectical points theory” and the “focus point theory”. Only if we are good at grasping the “focus point” of “dialectical points”, grasp the focus point to lead the ordinary, both pay attention to general planning and pay attention to leading “the cow by the nose”, and moving forward with the comprehensive construction of a moderately prosperous society, the comprehensive deepening of reform, comprehensively governing the country according to the law and comprehensively governing the Party strictly in a coordinated manner, will we be able to even better build Socialism with Chinese characteristics.
To strengthen our ability for dialectical thinking and raise our skill in mastering complex situation and dealing with complex issues, we must earnestly study and grasp the fundamental methods of dialectical materialism concerning material dialectics. “Handling affairs according to dialectics” is a celebrated remark of Comrade Deng Xiaoping, which was greatly admired by Comrade Mao Zedong. To consciously handle affairs according to material dialectics, the most important matter is that we must make the entire process of material activity into a dialectical development and grasp it in this manner, look at problems by studying them in a comprehensive and dialectical manner, and oppose metaphysical thinking methods. General Secretary Xi Jinping stressed that: “The more our undertaking develops in breadth and depth, the more we must incessantly strengthen our ability for dialectical thought.” At present, the relationships between all sorts of interests in our country’s society is becoming extremely complex, there are more problems that on their own can affect the whole situation, and it is especially necessary to “recommend handling matters according to dialectics”, be good at dealing with the relationship between partial matters and the complete situation, the present and the long-term, focus concerns and non-focus concerns, seek profit and avoid harms in weighing pros and cons, and make the most beneficial strategic choices. To comprehensively deepen reform, we must give prominence to the systematic nature, integrated nature and coordinated nature of reform, and ensure that the fruits of reform and extended to the whole body of the people in greater numbers and even more fairly. Handling affairs according to dialectics demands that our observation of circumstances and work must overcome subjective wilfulness, we cannot be like blind men groping an elephant, look at the sky from the bottom of the well, pull up sprouts to help them grow, fit everything into a Procrustean bed, or draw feet on a snake. To raise our ability for dialectical thinking, we must be objective rather than subjective, develop rather than remain static, be comprehensive rather than biased, be systemic rather than fragmented, and be universally contacted rather than look at matters in isolation, when we analyse and resolve problems, we must correctly grasp objective reality, truly grasp laws, and appropriately deal with all sorts of major relationships.
To persist in practicing the first viewpoint, and incessantly move forward theoretical innovation on a practical basis, we must earnestly study and grasp the tenets of dialectical materialism concerning understanding and practicing dialectical relations. Dialectical materialism makes practice into a basis for understanding, it makes dialectics into a theory of reflection, and so establishes a dynamic theory of reflection. The practical viewpoint is the primary and basic viewpoint of dialectical materialist epistemology. It stresses that understanding is the dynamic reflection of the objective on the subjective on a practical basis; from perceptual knowledge to rational knowledge, and from rational knowledge to practice, are two big leaps in the process of understanding. Theory must be connected to reality, theory must be unified with practice. For us to move work in all areas forward, we cannot rely on “bookism”, we must rely on deriving true knowledge from practice. At the same time, we must give high regard to the role of theory, strengthen self-confidence about theory and a strategic ability to concentrate, correct theories that have been obtained through repeated practice and comparison must be firmly and unwaveringly upheld. The unity of theory and practice is realized in incessant development. We must, on the basis of the changes of the times and development in practice, under the leadership of the Party Centre with Comrade Xi Jinping as General Secretary, incessantly deepen our understanding, incessantly summarize experiences, incessantly realize the beneficial interaction of theoretical innovation and practical innovation, and coordinate moving forward with the “Four Comprehensives” and developing a 21st Century Chinese Marxism through this sort of unity and interaction.
A few days ago, the Capital Internet Association organised an online gala to celebrate the upcoming Chinese New Year. As part of the proceedings, the choir of the Cyberspace Administration of China performed a song glorifying China’s Internet. You can watch the video here, the lyrics are the following:
“The Spirit of Online Information”
Keeping loyal watch in this sky for days and months
Working hard for the mission of the sunrise East
Innovation embraces brightness every day
It is felt in hearts like a bundle of honest sunlight
A force that unites all living things in their growth
Devoted to making the global village into the most beautiful scene
In this world, a hundred streams faithfully seek the ocean
Take up the measure of Chinese civilization
Five thousand years of sediments illuminate innovative thought
Honesty is the undulating ripple of a nation
We unite in the centre of heaven and earth
And devote our faith to the Yellow River and Yangze that flow for ten thousand leagues
Strong cybercountry, the Internet is in all glorious dreams
Strong cybercountry, from the faraway cosmos to the home that we muss
Strong cybercountry, tell the world the Chinese dream is letting China rise
Strong cybercountry, a country that I represent in the world.
Guiding Opinions concerning Promoting the Healthy Development of Online Literature (SAPPRFT, December 2014)