Non-State institutions

Proposal on Upholding Cyber and Information Security

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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 ) 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 »

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Beijing Municipality Self-Discipline Convention on Internet Application Programmes and Public Information Services

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This convention was announced on 26 November 2014. According to Xinhua, it was signed by over 50 websites, including Sina, Netease and Sohu. In the Xinhua report, the names of companies such as Baidu and Tencent are conspicuously absent. I have not been able to verify whether they have signed this document or not. 

Following the swift development of the mobile Internet, mobile Internet application programmes (hereafter named apps) have been applied increasingly broadly in areas such as information publication, commercial marketing, social interaction, etc., and their influence in areas such as cultural dissemination, economic growth and social development is growing increasingly large. At the same time, a number of unlawful and harmful phenomena have appeared, such as the use of apps to publish false information, disseminate online rumours, infringe users’ privacy, conduct illegal trading, disseminate obscene and vulgar information, etc., this gravely harms the lawful rights and interests of consumers, and gravely disorders the Internet information dissemination order. In order to standardize and guide apps and public information service activities, promote the healthy and orderly development of the app sector, and stimulate social harmony and national development, this Convention is formulated. Read the rest of this entry »

Monitoring and Evaluation Standards for the Protection of Personal Information by Internet Enterprises

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(Chinese Law Association on Science and Technology, Peking University Institute for Internet Law)

Official Version 1.0

I, Purpose

These Standards are formulated in order to implement the “NPC Standing Committee Decision concerning Strengthening the Protection of Online Information”, the “Law for the Protection of Consumer Rights and Interests”, the “Telecommunications and Internet User Personal Information Protection Regulations”, the “Online Trading Management Rules” and other normative and legal documents concerning the protection of personal information, safeguard users’ lawful rights and interests and standardize Internet enterprises’ personal information processing activities, and in order to realize a balance between the protection and use of personal information for the benign development of the industry. Read the rest of this entry »

The Controversy on the Preamble to the Constitution and Its Effects

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Zhang Qianfan, Yanhuang Chunqiu

Apart from a few countries such as the United Kingdom, etc., at present, more than two hundred countries and regions in the world all have their own written constitutions. The absolute majority of federal countries also have more than a constitution, for example, the Unites States has as much as 51 constitutions, apart from the federal Constitution, and every state has its own constitution. Constitutions are the basic fundamental law of a country; their highest authority is reflected in the clauses provided in its texts. Furthermore, many written constitutions have a preamble. Whether or not the preamble to a constitution has a legal effect similar to that of the text itself, is disputed in international legal circles and domestic legal circles, and has not yet been determined.

Read the rest of this entry »

The “Chinese Dream” and the Choice of the Path of Democratic Politics

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Red Flag Manuscript

The Chinese Dream of national rejuvenation is a major strategic thought collectively put forward by the central leaders, and is a political declaration for the future development of the Party and the country. Realizing the “Chinese Dream” requires a choice for the correct democratic political path. Recently, in the discussion concerning the “Chinese Dream”, constitutional governance has become a focus point again. In the view of some, the “Chinese Dream” is the “dream of constitutional governance”: constitutional governance represents the future of China, the orientation of constitutional governance is the path for political structural reform in China, constitutional governance and democracy are the highest interests of the country. In the present public opinion discourse, the “dream of constitutional governance” may express the longing of a few wordsmiths for a beautiful life. But, longing is one thing, the process of realization is a different matter. The ““Chinese Dream”” clearly is not something that can be described with the single term “constitutional governance”, and it cannot be substituted with “dream of constitutional governance”.  Read the rest of this entry »

Clearly Understanding the Essence of “Constitutional Governance”

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Zhengzhi Xue

– The term “constitutional governance”, regardless of whether it is discussed as a theoretical concept or as an institutional practice, refers to the implementation of a bourgeois constitution.

– The direction that “constitutional governance” advocates is extremely clear, it is that we must abolish the leadership of the Communist Party in China, and overthrow the Socialist regime.

– “Constitutional governance” cannot be made into a basic political concept for our country, this would be falling into the “discourse trap” that is hidden behind it.

In recent years, Western thinking about constitutional governance and constitutional governance institutions have become a topic that gained much attention in our country’s legal scholarship circles and political science circles, and it became hot for a while to discuss constitutional governance. In some discussions, a number of people advocated the indiscriminate copying of Western constitutional governance systems, the implementation of a multi-Party system, parliamentary democracy and a tripartite separation of power, under the guise that constitutional governance does not differentiate between East and West, or under the disguise of “universal values”. These viewpoints are mistaken in theory, and are harmful in practice. There are also academics putting forward that we may discuss “Socialist constitutional governance”, which is different from the so-called “capitalist constitutional governance”, this is a formulation that is apparently right but actually wrong, and there are also deviations in understanding. Read the rest of this entry »

Long-Standing Mistakes in Understanding “A Century of Constitutional Governance”

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Guo Shiyou, Yanhuang Chunqiu

If we say that the last 12 years of the Qing Dynasty were one of the most complex periods in Chinese history, then 1905 is one of the most important years of that time. It was in that year that the result was declared in the Russian-Japanese War, in which the constitutional monarchy Japan defeated the absolute monarchy Russia, the United League of China, which swore to overthrow the Qing Dynasty, was established in Tokyo, the Empress Dowager Cixi, who suppressed the Hundred Days of Reform with her own hands gave the idea to Emperor Guangxu, to, on the one hand, declare the abolition of the imperial examination system that had lasted for 1300 years in China, and on the other hand, to send Zaize and five other ministers on an unprecedented trip to both the Easter and Western seas, in order to observe and study foreign countries’ constitutional governance, and announced the next year that “constitutional governance patterned after [these countries] is being prepared”, in August 1908, a commitment was made to institute constitutional monarchy within nine years, the “Imperial Constitutional Outline” that attracted worldwide attention appeared soon after. In another three years, the gunfire of the Wuchang Uprising spurred the tide of the Xinhai Revolution, and the constitutional monarchy plans of the Qing Dynasty “for all ages” vanished like a bubble. Until the foundation of the Republic, there was frequent change of masters, the text of the Constitution was incessantly renewed, the result of constitutional governance remained slow in coming time and time again, it never attained the desired goal up to the present, the calls for constitutional governance from the knowledge elite are sometimes hidden, and sometimes emerge, it is a ceaseless path. More than a hundred years have passed since the late Qing constitutional governance observation mission visited foreign countries, the rivers and mountains are unrecognizable, the dream of constitutional governance, however, lingers in the Divine Land, without ever being forgotten. Looking back at the figures of the sages of the modern era who endured great hardships in pioneering work and fought bloody battles, it is hard to avoid that all sorts of feelings well up in one’s mind. Read the rest of this entry »

Transmitting Positive Energy to Realize the Chinese Dream with a Strong Sense of Social Responsibility – A Pledge

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Taking on the social responsibility for beating the drums and cheering for the realization of the Chinese dream, is the great trust of the times that the Party and the people have entrusted to news media, is the sublime pursuit of the present news workers, and is an important pillar for the Chinese nation to build the Chinese dream with one heart. The broad news workers must consciously implement their duty and mission, and provide strong spiritual drivers and ideological guarantees for realizing the great rejuvenation of the Chinese nation. To this end, we pledge to:

I, Sing in the strongest voice about realizing the Chinese dream. We must sign the main melody of the times, transmit positive social energy, and expand the mainstream public opinion field. Forcefully propagate that realizing the wealth and strength of the country, the vitalization of the nation and the happiness of the people are the common aspiration of all the people of all ethnicities in the entire country, deeply expound that to realize the Chinese dream, we must walk a Chinese path, carry forward a Chinese spirit, and concentrate Chinese forces, guide and encourage the broad popular masses to incessantly strive to create an even happier and more beautiful future for the Chinese people and the Chinese nation. Read the rest of this entry »

Information Security Technology Guidelines for Personal Information Protection on Public and Commercial Service Information Systems

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Includes explanatory notes published by the Ministry of Industry and Information Technology.

Our country’s first national personal information protection standards, the “Information Security Technology Guidelines for Personal Information Protection on Public and Commercial Service Information Systems” will be implemented from 1 February 2013. The said standard’s clearest characteristic is that, before sensitive personal information is collected and used, the clear authorization of the subject of that personal information must be obtained in advance.

The Ministry of Industry and Information Technology Information Security Coordination Department’s vice-director Ouyang Wu said, at a teaching meeting on national standards for personal information protection, that these standards are put forward and specifically organized by the National Information Security Standardization Technology Committee, the China Software Observation Centre took the lead in formulating them jointly with many work units. The said standards are our country’s first national standards concerning personal information protection, and were published last year in November. Read the rest of this entry »

The Constitution is the Consensus for Political Structural Reform

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Yanhuang Chunqiu

After more than three decades of reform, the trouble of political reform lagging behind economic reform becomes clearer every day, factors leading to social instability progressively accumulate, pushing forward political structural reform is a vital matter of immediate urgency. But opinions vary on how to conduct structural political reform, and so far, there is no consensus. An old saying says: act after plans have been determined. Without consensus, how can plans be determined? Therefore, our current political reform has “safety” in excess, but lacks “vigour”. Read the rest of this entry »

The Chinese Dream, the Dream of Constitutional Governance

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Southern Weekend

Between heaven and earth, time blossoms.

This is our first meeting in 2013, we hope you have been lit up by dreams.

In 2012, you guarded your own life, they defended their own work. Defending their work meant that they defended the dreams in their lives.

In 2012, the buzz about constitutional governance reverberated around the Imperial Halls: “The life of the Constitution lies in its implementation, the authority of the Constitution lies also in its implementation.” We expect that the Constitution will grow teeth, and that constitutional governance will be born soon. Only in this way will it be possible to accomplish this difficult transition of an ancient country to which time has brought great change. Today, the time has come to fulfil dreams. Having undergone the nightmare of the “Cultural Revolution”, where constitutional governance was lost, we have spent thirty years of time to progressively return to logical thinking and common sense. From the remunerative contract responsibility system to individual small business, from township and village enterprises  to “people’s enterprises”, the right of compatriots to autonomously arrange their lives has been slightly returned, we have created flourishing cities, and harvested food to fill warehouses. Read the rest of this entry »

Self-Discipline Convention for Internet Search Engine Services

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Chapter I: General provisions

Article 1: In order to standardize Internet search engine services, protect the lawful rights and interests of Internet users, safeguard a reasonable and orderly market order with fair competition, and stimulate the sustained and healthy development of our country’s Internet search engine sector, this Convention is formulated.

Article 2: Internet search engine services as named in this Convention refers to Services where Internet service providers use specific computer procedures to provide online information searches to users through keywords and other search methods. Read the rest of this entry »

China Network Audiovisual Programme Service Self-Discipline Convention

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(Passed at the 1st meeting of 2012 of the China Network Audiovisual Programme Service Association Council on 13 July 2012)

Chapter I: General Principles

Article 1: In order to stimulate the sustainable development of our country’s network audiovisual programme service business, let network culture flourish, safeguard a healthy and orderly sector order, this Convention is formulated. Read the rest of this entry »

Six Major Challenges that Our Country’s Ideological Construction Faces at Present

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Party Building”, July 2012, Ren Jie

–       Firmly occupy the ideological battlefield is both where the core interest of the country lies, and an important chip in the international contest of strength.

–       In the present world, vying for the power of discourse, the power of network control, the power of information dissemination, the power of regulation formulation, the power of cultural leadership and other “soft powers” have become the focus point for competition in comprehensive national strength.

–       The fight for mastery and trial of strength in the ideological area will never disappear, the task of strengthening our country’s mainstream ideology construction is huge. Read the rest of this entry »

Sina Weibo Community Pact (Trial)

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In order to establish a harmonious, rule of law and healthy network environment, safeguard the order of the Sina Weibo community, and even better guarantee the lawful rights and interests of users, Sina Weibo has formulated this Pact together with users. Read the rest of this entry »

Sina Weibo Community Committee System (Trial)

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Chapter I: General provisions

Article 1: In order to safeguard Sina Weibo community order, even better guarantee users’ lawful rights and interests, The Sina Weibo Community Management Centre (hereafter designated as “the Web Site”), has formulated this System according to the “Sina Weibo Community Pact “Trial”). Read the rest of this entry »

Sina Weibo Community Management Regulations (Trial)

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Chapter I: General provisions

Article 1: In order to safeguard the order of the Sino Weibo community, even better guarantee the lawful rights and interests of users, Sina Weibo Community Management Centre (hereafter designated as “the Web Site” has formulated these Regulations on the basis of existing laws and regulations and the “Sina Weibo Community Pact (Trial)”. Read the rest of this entry »

Internet Society of China Proposal Letter on Resisting Online Rumours

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Following the rapid development of information and telecommunications technology, the Internet has become an important platform for the expression of the popular will, and has a positive influence on the economy, politics, culture, and the people’s lives and production. At the same time, it should be noted that harmful and untrue information still exists online, which influences the healthy development of society, especially the communication of online rumours recently has become a major social nuisance, which gravely harms citizens’ rights and interests, harms the public interests and endangers national security and social stability. Jointly resisting rumours and creating a healthy and civilized online environment have become problems attracting the common concern of all walks of society. In order to resist online rumours and create a healthy and civilized online environment, and to promote the healthy and sustainable development of the Internet sector, the Internet Society of China puts forward the following proposals to the Internet circles of the entire country. Read the rest of this entry »

The Historical Experience of the Chinese Communist Party’s 90 Years of Moving Ideological Work Forward

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Source: Qiushi, 2011

In the process of revolution, construction and reform of the Chinese Communist Party over 90 years, ideological work has had high attention from beginning to end. Even though the historical backgrounds of the times, development stages and main tasks were different, it has closely grasped the leading power in ideological construction work, has incessantly raised control capacity in the ideological sphere, and has accumulated rich historical experience in moving ideological construction forward.

I, Closely grasping leadership power – a prominent strategic position, grasping the power of initiative in ideological work from beginning to end. Read the rest of this entry »

Copyright Self-Discipline Declaration for the Internet Sector of China

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In order to safeguard the lawful rights of holders of copyright and related rights, stimulate the healthy development of the Internet industry, and safeguard the social public interest, we hereby represent the Internet sector in making the following self-declaration to society:

Read the rest of this entry »