Laws
Personal Information Protection Law (Expert Suggestion Draft)
Editorial note:
This suggestion draft is one of the outcomes of the National Social Science Fund Major Project “Important Legislative Questions for Internet Security” (14ZDC021) at Renmin University of China Law School, of which Professor Zhang Xinbao is lead expert, its objective is to provide reference for legislation, its authors are Zhang Xinbao and Ge Xin. On deficiencies in the suggestion draft, the submission of valuable opinions and suggestions is welcomed, to be sent to gexinde@126.com. After further revision and perfection, the suggestion draft and statement of grounds for legislation will be published in the near future by Renmin University of China Press, further attention is respectfully invited. Read the rest of this entry »
National Intelligence Law of the People’s Republic of China (Draft)
Chapter I: General Provisions
Article 1: In order to strengthen and guarantee national intelligence work, and safeguard national security and interests, on the basis of the Constitution, this Law is formulated.
Article 2: National intelligence work shall persist in an overall national security view, provide intelligence reference for major national policy decisions, provide intelligence support for preventing and dissolving risks endangering national security, and safeguard the national regime, sovereignty, unity, independence and territorial integrity, the prosperity of the people, economic and social sustainable development and other major national interests. 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 »
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 »
National Security Law of the People’s Republic of China
(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 »
Copyright Law of the People’s Republic of China (Revision Draft, Submission Version)
National Copyright Administration
Revision Draft, Submission Version
Chapter I: General Principles
Chapter II: Copyright
Section I: Copyright holders and their rights
Section II: Copyright entitlement
Section III: The term of protection of copyright
Chapter III: Related rights
Section I: Publishers
Section II: Performers
Section III: Audio producers
Section IV: Radio stations and television stations
Chapter IV: The limitations of rights
Chapter V: The exercise of rights
Section I: Copyright and related right contracts
Section II: Collective copyright management
Chapter VI: Technological protection measures and rights management information
Chapter VII: The protection of rights
Chapter VIII: Supplementary provisions
Chapter I: General provisions Read the rest of this entry »
Copyright Law of the People’s Republic of China (Second Revision Draft)
Changes in the updated document in comparison with the earlier March draft are underlined.
National Copyright Administration, July 2012
Chapter I: General Principles
Chapter II: Copyright
Section I: Copyright holders and their rights
Section II: Copyright entitlement
Section III: The term of protection of copyright
Chapter III: Related rights
Section I: Publishers
Section II: Performers
Section III: Audio producers
Section IV: Radio stations and television stations
Chapter IV: The limitations of rights
Chapter V: The exercise of rights
Section I: Copyright and related right contracts
Section II: Collective copyright management
Chapter VI: Technological protection measures and rights management information
Chapter VII: The protection of rights
Chapter VIII: Supplementary provisions Read the rest of this entry »
Copyright Law of the People’s Republic of China (Revision Draft)
National Copyright Administration, March 2012
Chapter I: General Principles
Chapter II: Copyright
Section I: Copyright holders and their rights
Section II: Copyright entitlement
Section III: The term of protection of copyright
Chapter III: Related rights
Section I: Publishers
Section II: Performers
Section III: Audio producers
Section IV: Radio stations and television stations
Chapter IV: The limitations of rights
Chapter V: The exercise of rights
Section I: Copyright and related right contracts
Section II: Collective copyright management
Chapter VI: Technological protection measures and rights management information
Chapter VII: The protection of rights
Chapter VIII: Supplementary provisions Read the rest of this entry »
Copyright Law of the People’s Republic of China (2010 Revision – Official Translation)
Adopted in the 15th meeting of the Standing Committee of the Seventh National People’s Congress on September 7, 1990 and revised in the 24th meeting of the Standing Committee of the Ninth National People’s Congress on October 27, 2001 in accordance with the Decision on Revision of the Copyright Law of the People’s Republic of China for the first time and in the 13th meeting of the Standing Committee of the 11th National People’s Congress of the People’s Republic of China on February 26, 2010 in accordance with the Decision on Revision of the Copyright Law of the People’s Republic of China for the second time
Public Order Management Punishments Law of the People’s Republic of China (Excerpt)
People’s Republic of China Presidential Decree
(No. 38)
The “Public Order Management Punishments Law of the People’s Republic of China” was passed at the 17th meeting of the 10th National People’s Congress Standing Committee of the People’s Republic of China, on 28 August 2005, is hereby promulgated, and shall take effect on 1 March 2006. Read the rest of this entry »
Copyright Law of the People’s Republic of China
(Adopted at the Fifteenth Session of the Standing Committee of the Seventh National People’s Congress on 7 September 1990, and revised in accordance with the Decision on the Amendment of the Copyright Law of the People’s Republic of China adopted at the 24th Session of the Standing Committee of the Ninth National People’s Congress on 27 October 2001.) Read the rest of this entry »
Copyright Law of the People’s Republic of China (official Translation)
Copyright Law of The People’s Republic of China
Adopted at the Fifteenth Session of the Standing Committee of the Seventh National People’s Congress on September 7, 1990.
General Principles of the Civil Law of the People’s Republic of China (excerpt)
(Passed on 12 April 1986 at the fourth session of the sixth National People’s Congress)
Decision concerning Revising Article 45 of the “Constitution of the People’s Republic of China”
(Passed on 10 September 1980 during the 3rd Meeting of the 5th National People’s Congress)
The 3rd Meeting of the 5th National People’s Congress of the People’s Republic of China decides to agree with the proposal concerning suggesting a revision of Article 45 of the “Constitution of the People’s Republic of China” put forward by the Standing Committee of the 5th National People’s Congress, in order to fully carry forward Socialism, complete the Socialist legal system, safeguard the political picture of stability and unity, and guarantee that Socialist modernization construction is conducted smoothly, it is decided that: Article 45 of the Constitution of the People’s Republic of China, “Citizens have the freedom of speech, communication, publication, assembly, to form associations, to demonstrate, march and strike, and have the right to ‘speak out, air views, have debates and post large-character posters.'” is revised into: “Citizens have the freedom of speech, communication, publication, assembly, to form associations, to demonstrate, march and strike.” The provision of the original Article 45 that they “have the right to ‘speak out, air views, have debates and post large-character posters'” is deleted. Read the rest of this entry »
Film Examination Law
Article 1: Films, regardless of whether they are produced in this country or abroad, may only be screened after the studio submits it for examination and approval and obtains a licence according to this Law. Read the rest of this entry »
China Copyright and Media 