Enforcement
Measures on the Administration of Internet Live-streaming Services
This translation was published first on China Law Translate, and is reposted here with kind permission.
Article 1: These Provisions are formulated on the basis of the “Standing Committee of the National of the National People’s Congress’s Decision on Strengthening Protections for Online Information”, the “State Council’s Notification of Authorization of the State Internet Information Office to be Responsible for Efforts to Management Internet Information Content”, “Measures for the Management of Internet Information Services”, and the “Provisions on the Management of Internet News Information Services” so as to strengthen management of internet live-streaming services, to protect the lawful rights and interests of citizens, legal persons, and other organizations, safeguard national security and the public interest.
Cybersecurity Law moves towards promulgation
Today, it was reported that China’s draft cybersecurity law has been presented to the National People’s Congress for a third reading. It is widely expected that this reading will accept the law, which will thus be promulgated soon. The following is a translation of a Xinhua report, which outlines the changes that have been made.
The third deliberation draft of the Cybersecurity Law was submitted to the NPC Standing Committee for deliberation on the 31st. The NPC Legal Committee indicated in its report concerning the draft’s deliberation results, that the third draft made a partial revision on the basis of the second draft, including a further planned definition of the scope of crucial information infrastructure; it also provides corresponding punishment measures against foreign organizations and individuals attacking or destroying our country’s crucial information infrastructure.
Planned further definition of the scope of critical information infrastructure. Read the rest of this entry »
Opinions concerning Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanisms for Persons Subject to Enforcement for Trust-Breaking
Opinions concerning Accelerating the Construction of Credit Supervision, Warning and Punishment Mechanisms for Persons Subject to Enforcement for Trust-Breaking
CCP Central Committee General Office, State Council General Office
Information concerning people who are subject to enforcement for trust-breaking through a judicial procedure by a People’s Court is an important component of social credit information. Conducting credit supervision, warning and punishment of people subject to enforcement for trust-breaking, benefits stimulating persons subject to enforcement to consciously implement their duties established in valid legal documents, raises judicial credibility, and moves forward the construction of the social credit system. In order to accelerate the construction of credit supervision, warning and punishment mechanisms for people subject to enforcement for trust-breaking, the following Opinions are hereby formulated. Read the rest of this entry »
Outline of the National Informatization Development Strategy
Central Committee General Office
State Council General Office
27 July 2016
In the present world, information technology innovation changes every day, and a tide of informatization, characterized by digitization, networking and smartification has vigorously arisen. Without informatization, there is no modernization. Adapting to and leading a new normal in economic development, and strengthening new development drivers, require informatization to penetrate into the entire process of our country’s modernization, and the acceleration and liberation of the huge potential of informatization development. Driving modernization with informatization and building a strong network power are major measures in the “Four Comprehensive” strategic positioning, and are necessary choices to realize the “Two Centenaries” struggle objective and the Chinese Dream of the great rejuvenation of the Chinese nation.
This Strategy Outline is an adjustment and development of the “National Informatization Development Strategy 2006-2020” on the basis of new circumstances, it is a programmatic document to standardize and guide national informatization development in the next ten years it is an important component part of the national strategy system, and is an important basis for the formulation of plans and policies in the area of informatization. Read the rest of this entry »
Use Big Data Thinking and Methods to Enhance the Government’s Governing Capacity
Seeking Truth 2016/12
Chen Gang
Key points:
– In the present era, data has become a national basic strategic resource, bug data is gaining an ever more important influence on the operational mechanisms of the global economy, society’s way of life and national governing capability. The Party Centre and the State Council are giving the development of big data and innovation of application in high regard, and the 5th Plenum of the 19th Party Congress clearly put forward the implementation of the national big data strategy.
– The scientific and technological revolution is moving forward rapidly, which is especially due to the advent of big data era, which urgently requires governmental governing to transform from closed management to open governance, from unidirectional management to coordinated governance, from passive influence to active service, from qualitative management to quantitative management, from extensive management to detailed management, from operational management to conventional management, and so to realize a transformation of social governance thinking, improvement in social governance methods, progress of governmental policymaking technology, the upgrading of risk control capacity, the recreation of public management workflows, and the enhancement of social coordination in governance.
– We are entering the Internet era and the big data era, public goods and public services must progressively transform from being “supply-oriented” to being “demand oriented”, from focusing on “service coverage” to focusing on “service experience”, and from focusing on “passive provision” to “active provision”.
– The first step to enhance the government’s governing capacity with big data is to transform the traditional concentration of work in offices, and the paper transmission of public documents between different departments into paperless, networked and virtualized new methods, ensure the informatization of public affairs workflows, and use the Internet to realize the online operation of governmental affairs.
– What we must guard against is that, if there is no openness and sharing of cross-regional, high-quantity, specialized data, using big data to upgrade the government’s governing capability is an empty phrase; but if we completely fail to differentiate which data should be opened op or not, it may bring great privacy and secrecy leaks, and the disaster of great economic fluctuations. Read the rest of this entry »
The Situation of the Revision of the Cybersecurity Law (Draft)
This is the National People’s Congress’ official explanation of the changes made in the Second Reading Draft of the Cybersecurity Law.
I, Some Standing Committee Members suggested that the content of Article 11 of the Draft, concerning the national cybersecurity strategy, be moved to the General Principles, to clarify its important position. Some Standing Committee Members, localities and departments pointed out that, in order to better maintain sovereignty in cyberspace, and to vigorously and actively respond to cyber attacks and destruction at home and abroad, State measures to maintain cybersecurity should be further strengthened, in the corresponding articles, content concerning resisting domestic and foreign cybersecurity threats, protection of the security of critical information infrastructure, punishment of online law-breaking and crime, maintaining order in cyberspace, etc., has been added. The Legal Committee praised the abovementioned opinion, and suggested the following revision be made to the draft: first, the content of Article 11 be moved to the General Principles, and be revised as: the State formulates and incessantly perfects a cybersecurity strategy, which clarifies the basic requirements and main objectives of ensuring cybersecurity, puts forward cybersecurity policies, work tasks and measures for focus areas (Second Reading Draft Article 4); second, a provision is added: the State adopts measures to monitor, defend against, and deal with cybersecurity risks and threats originating from inside and outside of the territory of the People’s Republic of China, to protect critical information infrastructure from attack, intrusion, interference and destruction, to punish unlawful and criminal cyber activities according to the law, and maintain security and order in cyberspace (Second Reading Draft Article 5). Read the rest of this entry »
Mobile Internet Application Information Service Management Regulations
Article 1: In order to strengthen management of mobile Internet application (apps) information services, protect the lawful rights of citizens, legal persons and other organizations, safeguard national security and the public interest, on the basis of the “National People’s Congress Standing Committee Decision concerning Strengthening Online Information Protection” and the “State Council Notice concerning Authorizing the Cyberspace Administration of China to Take Responsibility of Internet Information Content Management”, these Regulations are formulated.
State Council Guiding Opinions concerning Establishing and Perfecting Incentives for Promise-keeping and Joint Punishment Systems for Trust-Breaking, and Accelerating the Construction of Social Sincerity
GF No. (2016)33
All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate bodies:
Completing the social credit system and accelerating the building of a novel market supervision structure with credit at the core benefits the further promotion of governmental streamlining and decentralization of powers, as well as the transformation of government functions, and creating a fair and sincere market environment. In order to establish and perfect incentives for promise-keeping and joint punishment systems for trust-breaking, accelerate the construction of social sincerity, the following Opinions are hereby put forward. Read the rest of this entry »
Procedural Regulations for Administrative Law Enforcement concerning Internet Information Content Management (Opinion-seeking Draft)
Chapter I: General Provisions
Article 1: In order to standardize and guarantee that Internet information content management departments exercise their powers according to the law, correctly impose administrative punishment, stimulate the healthy and orderly development of Internet information services, protect the lawful rights and interests of citizens, legal persons and other organizations, safeguard national security and the public interest, on the basis of the relevant provisions of the “Administrative Punishment Law of the People’s Republic of China”, the “Administrative Coercion Law of the People’s Republic of China”, the “National People’s Congress Standing Committee Decision concerning Strengthening the Protection of Online Information”, the “Internet Information Service Management Rules” and the “State Council Notice concerning Empowering the Cyberspace Administration of China to Take Responsibility of Internet Information Content Management Work”, etc., these Regulations are formulated. Read the rest of this entry »
Internet News Information Service Management Rules
(Opinion-seeking Revision Draft)
Chapter I: General provisions.
Article 1: In order to standardize Internet news information service activities, stimulate the healthy and orderly development of Internet news information services, protect the lawful rights and interests of citizens, legal persons and other organizations, safeguard national security and the public interests, on the basis of the “National People’s Congress Standing Committee Decision concerning Strengthening the Protection of Online Information” and the “Internet Information Service Management Rules” and other such laws and administrative regulations, these Rules are formulated. Read the rest of this entry »
Outline of Operations to Stimulate the Development of Big Data
State Council Notice concerning Printing and Issuance of the Outline of Operations to Stimulate the Development of Big Data
GF No. (2015)50
All provincial, autonomous region and municipal People’s Governments, all State Council ministries and commissions, all directly subordinate bodies.
Hereby, the “Outline of Operations to Stimulate the Development of Big Data” is printed and issued to you, please implement it earnestly.
State Council
31 August 2015 Read the rest of this entry »
Cybersecurity Law of the People’s Republic of China (Draft)
This translation was published first on China Law Translate, and is the result of a collaborative effort led by Jeremy Daum. It is republished here with his kind permission. I contributed translations of chapters I and II, amongst others.
The 15th meeting of the Standing Committee of the 12th National People’s Congress performed initial review of this “People’s Republic of China Cybersecurity Law (Draft)” in June 2014. The ” People’s Republic of China Cybersecurity Law (Draft)” is hereby released to the public on the Chinese National People’s Congress website for collection of public comments. The public can directly log in to the NPC website ((www.npc.gov.cn) ）and provide comments; and may also mail comments to the National People’s Congress Legal Work Committee, (Beijing, Xicheng District, Qianmen West Road #1, 100805) [in Chinese: 北京市西城区前门西大街1号，邮编：100805] Please clearly indicate on the envelope that it is a comment on the Cybersecurity Law draft. The consultation period concludes on: August 5, 2015. Read the rest of this entry »
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