On January 23, the Information Office of the State Council released a white paper entitled "China's Counter-Terrorism Legal System and Practice".
In addition to the preface and conclusion, the white paper is divided into five parts, namely, the improvement of the legal system for counter-terrorism, the clear identification of terrorist activities and the standardization of punishment, the regulation of the exercise of power in counter-terrorism work, the protection of human rights in accordance with the law in counter-terrorism work, and the vigorous protection of people's security and national security.
The White Paper points out that terrorism is a common enemy of human society, a challenge to all countries and all mankind, and a serious threat to international peace and security. Counter-terrorism is a shared responsibility of the international community. As a victim of terrorism, China has long faced the real threat of terrorism. China has always attached great importance to the establishment of the rule of law against terrorism, and has continuously accumulated experience in the rule of law against terrorism by concluding or acceding to a series of international conventions and treaties, and by amending and improving criminal laws.
The white paper stresses that over the years, through the establishment and improvement of the legal system, strict regulation of fair and civilized law enforcement, the full implementation of a fair judiciary, and the effective strengthening of human rights protection, China has gradually explored a path of anti-terrorism rule of law that suits its own reality, effectively safeguarding national security, public safety and the safety of people's lives and property, and contributing to global and regional security and stability.
The white paper says: Practice has proven that as long as the explorations and practices of various countries can embody the value orientation of human society, abide by the principles and norms of the United Nations on counter-terrorism, and conform to their national conditions and legal systems, they are all part of the international anti-terrorism cause of legalization. China is ready to work with all countries in the world to actively participate in global counter-terrorism governance under the guidance of the concept of a community with a shared future for mankind, and carry out extensive mutual learning, exchanges and cooperation on the basis of equality and respect, so as to jointly promote the healthy development of the global counter-terrorism cause.
On January 23, the Information Office of the State Council released a white paper entitled "China's Counter-Terrorism Legal System and Practice". The full text is as follows:
China's counter-terrorism
Legal System and Practice
(January 2024)
People's Republic of China
Information Office of the State Council
directory
Preface
1. The legal system for counter-terrorism is improving day by day
-- Revising and improving criminal laws
-- Carrying out special legislation on counter-terrorism
– Improving other relevant laws
-- Complete relevant administrative regulations
-- Adding relevant local regulations
-- Formulating departmental and local government rules
II. Clear designations of terrorist activities and standardized punishments
-- Clearly defining the concepts of terrorism and terrorist activities
-- Clarify the criteria for designating illegal acts of terrorist activities
-- Clarify the criteria for designating criminal acts of terrorist activities
-- Comply with the principle of punishment for illegal acts of terrorist activities
-- Regulating the discretionary power to punish criminal acts of terrorist activities
3. Regulate the exercise of power in counter-terrorism efforts
-- Standardize handling procedures
-- Implement case-handling responsibilities
– Strengthening external supervision
-- Broadening the channels of supervision
4. Protect human rights in accordance with the law in counter-terrorism efforts
• Ensuring a safe environment and social order for the enjoyment of human rights
- Protecting the rights of victims and other stakeholders
-- Protecting personal freedom and personal dignity
– Guaranteeing the right to a defense
-- Protecting the right to know and the right to participate
-- Guaranteeing the right to obtain relief in accordance with the law
-- Guaranteeing the right to use one's own spoken and written language in litigation
-- Protecting the lawful rights of criminals
5. Vigorously safeguard people's security and national security
-- Continuously enhancing counter-terrorism and anti-terrorism capabilities
-- Better coordinating security, stability and social development
-- Eliminating the ideological basis of terrorism
-- Making positive contributions to global and regional security and stability
Conclusion
Preface
Terrorism is the common enemy of human society, a challenge to all countries and all mankind, and a serious threat to international peace and security. Counter-terrorism is a shared responsibility of the international community.
For a long time, the United Nations has led the formulation of a series of conventions and other documents, led and coordinated member states to jointly combat terrorism, and promoted the integration of counter-terrorism work into the track of the rule of law. In response to the call of the United Nations, countries around the world have actively fulfilled their international obligations, formulated and implemented domestic counter-terrorism laws, and continuously strengthened international counter-terrorism cooperation. Through unremitting efforts, the international community has gradually established a multi-layered legal system for counter-terrorism, including international and regional conventions, multilateral and bilateral treaties and agreements, as well as domestic laws.
As a victim of terrorism, China has long faced the real threat of terrorism. China has always attached great importance to the establishment of the rule of law against terrorism, and has continuously accumulated experience in the rule of law against terrorism by concluding or acceding to a series of international conventions and treaties, and by amending and improving criminal laws. In the face of the new situation and situation of international and domestic terrorist activities, China has continued to deepen its understanding of the rule of law in counter-terrorism, comprehensively summarized the regularities, characteristics and practical practices of its own counter-terrorism work, learned from the beneficial experience of other countries, formulated special counter-terrorism laws, improved the legal system for counter-terrorism, and standardized and unified the application of laws, providing a legal guarantee for strengthening counter-terrorism work.
Over the years, through the establishment and improvement of the legal system, strict regulation of fair and civilized law enforcement, the full implementation of a fair judiciary, and the effective strengthening of human rights protection, China has gradually explored a path of counter-terrorism rule of law that suits its own realities, effectively safeguarding national security, public safety and the safety of people's lives and property, and contributing to global and regional security and stability.
1. The legal system for counter-terrorism is improving day by day
Since the 60s of the 20th century, under the auspices of the United Nations and its specialized agencies and affiliated organizations, the international community has successively formulated 13 global anti-terrorism conventions, expressing the basic global stance and attitude towards combating terrorism. Since the end of the 70s of the 20 th century, in order to strengthen international cooperation and effectively prevent and punish terrorist activities, China has successively acceded to or ratified the Convention on Offences and Certain Other Acts Committed on Board Aircraft, the Convention for the Suppression of Unlawful Seizure of Aircraft, and the Convention on the Unification of Certain Rules for International Air Transport. Since the 90s of the 20th century, China has accelerated the process of building a domestic counter-terrorism legal system based on its own national conditions, adhered to the principles of the Constitution, and learned from the useful experience of the international community.
-- Revising and improving criminal laws. The crime of terrorist activities is an internationally recognized serious criminal offense and is the focus of the criminal laws of various countries. In March 1997, the National People's Congress amended the Criminal Law of the People's Republic of China to add the offences of organizing, leading and participating in terrorist organizations and to increase the punishment for related terrorist activities. In the aftermath of the 9/11 attacks in the United States in 2001, countries around the world quickly took effective measures to combat terrorism. In December of the same year, the Standing Committee of the National People's Congress passed the "Amendment (III) to the Criminal Law of the People's Republic of China", which specifically improved the provisions of the criminal law on terrorist activities, clarified the application of the criminal law, and made eight supplementary amendments to the criminal law. Among them, in order to implement the United Nations Security Council Resolution 1373, the crime of financing terrorist activities has been added. At the same time, in order to punish criminal activities involving terrorist activities and money laundering, the crime of terrorist activities is included in the predicate crime of money laundering. In June 2006, the Standing Committee of the National People's Congress (NPC) passed the Sixth Amendment to the Criminal Law of the People's Republic of China, which further improved the criminal and criminal provisions on money laundering for terrorist activities in the relevant articles. In August 2015, in response to the new situations and problems arising from violent terrorist crimes, the Standing Committee of the National People's Congress passed the Ninth Amendment to the Criminal Law of the People's Republic of China, adding the crime of preparing to commit terrorist activities, advocating terrorism, extremism, inciting the commission of terrorist activities, and using extremism to undermine the implementation of the law.
In addition, in 2012 and 2018, the National People's Congress and its Standing Committee amended the Criminal Procedure Law of the People's Republic of China twice. In particular, in order to meet the needs of punishing terrorist crimes, special provisions have been made on the investigation, prosecution, and trial procedures for terrorist crimes. The Supreme People's Court and the Supreme People's Procuratorate have individually or jointly formulated and issued a series of judicial interpretations to further standardize the application of law and litigation procedures to combat terrorist crimes.
-- Carrying out special legislation on counter-terrorism. Since the beginning of the 21st century, a series of major terrorist attacks have occurred around the world, and various countries have enacted anti-terrorism laws, or revised and improved the original laws. In October 2011, in order to strengthen counter-terrorism work, safeguard national security, maintain social stability, and protect the safety of people's lives and property, the Standing Committee of the National People's Congress adopted a decision on issues related to strengthening counter-terrorism work, which stipulates the definition of terrorist activities, the leading institutions for counter-terrorism work and their responsibilities, the designation and publication of lists of terrorist organizations and personnel, and the development of international cooperation on counter-terrorism, laying a solid foundation for follow-up legislative work.
Between 2011 and 2014, international terrorism intensified, with a series of major terrorist attacks in many countries, and a series of violent terrorist cases (incidents) committed by ethnic separatist forces, religious extremist forces, and violent terrorist forces at home and abroad in Xinjiang, Beijing, Yunnan and other places, seriously trampling on human dignity. In April 2014, in order to summarize the experience of tackling terrorist crimes, improve counter-terrorism work mechanisms, and resolutely curb the frequent, frequent, and spread of violent and terrorist activities, the national leading institution for counter-terrorism efforts led multiple departments to draft a counter-terrorism law on the basis of on-the-spot investigations, research and argumentation, and extensive listening to and soliciting opinions and suggestions from all parties. In October 2014, the Standing Committee of the National People's Congress (NPC) conducted its initial review of the Counter-Terrorism Law of the People's Republic of China (Draft), after which the full text of the draft was released to the public for public comment and revisions. In February and December 2015, the Standing Committee of the National People's Congress (NPC) conducted its second and third deliberations on the Counter-Terrorism Law of the People's Republic of China (Draft), both of which were improved. On December 27, 2015, the Standing Committee of the National People's Congress passed the Counter-Terrorism Law of the People's Republic of China. As a specialized and comprehensive law on counter-terrorism, the Law provides comprehensive provisions on the basic principles and stance of China's counter-terrorism work, the identification of terrorist organizations and personnel, security precautions, intelligence information, investigation, response and handling, international cooperation, safeguard measures, and legal liability, providing a strong legal guarantee for the prevention and punishment of terrorist activities. In April 2018, the Standing Committee of the National People's Congress amended the Counter-Terrorism Law of the People's Republic of China to further clarify the responsibilities of industry authorities and promote the effective implementation of counter-terrorism work.
– Improving other relevant laws. In order to strengthen the systematic cooperation between different laws in counter-terrorism practice, fill legal loopholes, make up for shortcomings, and form a joint force, China has continuously improved the specific content of relevant laws related to counter-terrorism. For example, the Anti-Money Laundering Law of the People's Republic of China passed in 2006 provides for the prevention and suppression of terrorist financing and related illegal and criminal activities, the National Security Law of the People's Republic of China adopted in 2015 provides for combating terrorism and extremism, the Cybersecurity Law of the People's Republic of China adopted in 2016 stipulates that the Internet shall not be used to promote terrorism and extremism, and the National Defense Law of the People's Republic of China amended in 2020 The People's Armed Police Law of the People's Republic of China stipulates the tasks of the People's Armed Police Force to participate in the prevention and handling of terrorist activities, and the Law of the People's Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region, adopted in 2020, provides for terrorist activities related to the Hong Kong Special Administrative Region and their penalties.
-- Complete relevant administrative regulations. In order to continuously meet the needs of counter-terrorism work, strengthen the coordination and cooperation of relevant administrative departments in carrying out counter-terrorism work, and consolidate the responsibilities of all parties, the Chinese government continues to improve and improve the provisions of relevant administrative regulations related to counter-terrorism work. For example, the Measures for the Administration of Internet Information Services, adopted in 2000, prohibits the production, reproduction, publication, or dissemination of information containing terrorist content, the 2017 revision of the Regulations on Religious Affairs prohibits any organization or individual from using religion to carry out terrorist activities, and the 2023 Regulations on the Protection of Minors on the Internet prohibits the production, reproduction, publication, or dissemination of online information containing terrorism, extremism, or other content that endangers the physical and mental health of minors.
-- Adding relevant local regulations. After the implementation of the Counter-Terrorism Law in 2016, Xinjiang, Zhejiang, Hunan, Shanghai, Sichuan, Fujian, Beijing, and other places have successively formulated measures for the implementation of the Counter-Terrorism Law in their respective administrative regions in accordance with the local legislative authority granted by the Constitution of the People's Republic of China and the Legislation Law of the People's Republic of China. In addition, in the process of formulating local regulations such as the Regulations on Religious Affairs and the Regulations on the Construction of Peace, some localities have also stipulated the content of strengthening counter-terrorism work.
-- Formulating departmental and local government rules. In order to better implement laws and regulations related to counter-terrorism, and to do a good job of counter-terrorism efforts in that field or region, relevant departments and local governments are to successively draft relevant rules and regulations that meet the actual needs of that field and region and involve counter-terrorism efforts on the basis of legally-prescribed authority and procedures. For example, in 2014, the People's Bank of China, the Ministry of Public Security and the Ministry of State Security jointly formulated the Administrative Measures for the Freezing of Assets Involving Terrorist Activities, which made special provisions on the procedures and conduct for freezing assets related to terrorist activities, and the Qinghai Provincial People's Government adopted the Measures for the Administration of Railway Safety in Qinghai Province in 2021, which provided for the establishment of a counter-terrorism command and coordination mechanism and the strengthening of capacity building to prevent terrorist attacks.
After more than 40 years of exploration and practice, China has gradually formed a counter-terrorism legal system with the Counter-Terrorism Law as the main body, the criminal law as the backbone, the National Security Law as the guarantee, and other laws as the supplement, covering administrative regulations, judicial interpretations, local regulations, departmental rules and local government rules.
II. Clear designations of terrorist activities and standardized punishments
Chinese law clearly stipulates the criteria for the identification and punishment of terrorist activities, distinguishes between administrative violations and criminal offenses, and stipulates different legal liabilities depending on the degree of harm caused by terrorist activities. The Counter-Terrorism Law stipulates the standards for the determination and punishment of terrorist violations, and the Criminal Law stipulates the standards for the determination and punishment of terrorist criminal acts.
-- Clearly defining the concepts of terrorism and terrorist activities. China's Counter-Terrorism Law defines the concepts of terrorism and terrorist activities in a specific and clear manner, which is consistent with the spirit of the international conventions to which China is a party and is a party, and is also in line with the practices of other countries. Among them, terrorism must have elements such as means, objectives, and forms of expression at the same time, including "violence, destruction, intimidation, and other means", with the purpose of "creating social panic, endangering public safety, infringing on persons and property, or coercing state organs and international organizations to achieve their political, ideological, and other goals", and the form of expression is "propositions and acts"; terrorist activities must be both terrorist in nature and have legal manifestations such as "organizing, planning, preparing to carry out, and carrying out terrorist activities". In addition, China's counter-terrorism law and Xinjiang de-radicalization regulations also define the concept of extremism, enumerate the specific circumstances of extremist activities, and make it clear that extremism is the ideological basis of terrorism.
-- Clarify the criteria for designating illegal acts of terrorist activities. China's criminal law only pursues criminal liability for terrorist activities that are seriously harmful to society, and imposes administrative penalties on illegal acts that are minor but do not constitute a crime in accordance with the Counter-Terrorism Law and other laws. The public security organs are to give administrative punishments in accordance with law to terrorist activities that are minor and do not constitute a crime, such as advocating terrorism or extremism or inciting the commission of terrorist or extremist activities as provided for in the Counter-Terrorism Law. Whether the circumstances are minor is to be comprehensively judged by the law enforcement and judicial case-handling organs in accordance with legal provisions, on the basis of factors such as whether the terrorist activity meets the constitutive elements of the crime, the perpetrator's subjective malice, the role he played, and the harm to society caused.
-- Clarify the criteria for designating criminal acts of terrorist activities. China has clarified the criteria for determining terrorist activities through criminal laws, judicial interpretations, and standards for filing and prosecuting cases. The Criminal Law makes clear and unambiguous provisions on the constitutive elements of terrorist activities in terms of the object, objective, subject, and subjective aspects of the crime, and strictly distinguishes between crimes and non-crimes, this crime and other crimes, and one crime and multiple crimes. Adhere to the principle of legality for crimes, and where there are no explicit provisions in the law, they must not be convicted and sentenced for any reason. Through the formulation of judicial interpretations and judicial documents, the judicial organs have clarified the standards for filing and prosecuting criminal cases, and further refined the standards for determining the crime of terrorist activities. For example, in 2018, the Supreme People's Court and the Supreme People's Procuratorate issued an opinion on several issues concerning the application of law in handling cases of terrorist activities and extremist crimes, which clearly stipulates the quantitative criteria for the crime of illegally possessing materials advocating terrorism or extremism.
-- Comply with the principle of punishment for illegal acts of terrorist activities. China's law enforcement agencies punish illegal acts of terrorist activities, adhere to the principle of statutory administrative punishment, and strictly abide by the express provisions of the Counter-Terrorism Law, the Public Security Administration Punishment Law, the Administrative Punishment Law and other laws. Adhere to the principle of proportionality of excessive punishment, ensuring that the punishment is commensurate with the facts, nature, circumstances, and degree of harm to society of the violation. Adhere to the principle of no further punishment, and administrative punishments of fines must not be given more than twice for the same violation, and where the same illegal conduct violates multiple laws and norms and should be punished, punishment is to be given in accordance with the provisions on the higher amount of fines. Law enforcement agencies are to implement a benchmark system for administrative discretion, detailing and quantifying the scope, type, and scope of discretion for administrative law enforcement acts, and making them public. Since 2018, public security organs in Anhui, Zhejiang, Beijing, Heilongjiang and other places have successively formulated and implemented discretionary standards for administrative punishments, regulating counter-terrorism administrative law enforcement conduct.
-- Regulating the discretionary power to punish criminal acts of terrorist activities. In hearing cases of terrorist activities, the people's courts adhere to the principle of proportionality of criminal responsibility and punishment, and impose criminal punishments in accordance with the express provisions of the Criminal Law on the basis of the facts of the terrorist activity crime, the nature and circumstances of the crime, and the degree of harm to society. In order to make sentencing more scientific and accurate, China's judicial organs have actively promoted the reform of standardized sentencing, formulating the "Guiding Opinions of the Supreme People's Court on Effectively Regulating the Exercise of Discretion in Trial and Enforcement Work and Ensuring the Uniform Application of Law", "The Supreme People's Court and Supreme People's Procuratorate Sentencing Guiding Opinions on Common Crimes (Provisional)", and "Opinions of the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, Ministry of State Security, and Ministry of Justice on Several Issues Concerning the Standardization of Sentencing Procedures" and other normative documents, comprehensively and systematically regulate the exercise of discretionary power in terms of the principles and conditions for exercising discretionary power, the correct application of law application methods, legal interpretation methods, sentencing procedures, etc. In the practice of adjudicating cases of terrorist activities, the judicial organs persist in standardizing the exercise of discretionary powers, so that those who should be lenient are treated with leniency, those who are punished with severity, and those who are punished are punished according to their crimes.
3. Regulate the exercise of power in counter-terrorism efforts
Chinese law distinguishes between administrative offenses and criminal offenses for terrorist activities, and stipulates different procedures for handling them. Administrative punishment procedures are to be applied in cases of illegal terrorist activities, and criminal procedures are to be applied to cases of terrorist crimes. By standardizing the procedures for handling cases of terrorist activities in accordance with the law, implementing case-handling responsibilities, and strengthening external oversight, the standardized and orderly operation of power has been realized.
-- Standardize handling procedures. Chinese law clearly stipulates the powers and responsibilities of law enforcement and judicial case-handling organs. Cases of illegal terrorist activities are investigated and handled by the public security organs in accordance with law, and cases of crimes committed by terrorist activities are investigated by the public security organs, reviewed and prosecuted by the people's procuratorates, and tried by the people's courts. In handling cases of terrorist activities, law enforcement and judicial case-handling organs must strictly follow the authorization of the law, exercise their authority in accordance with the law, and ensure that the law is enforced accurately and effectively. When filing a case, the public security organs shall withdraw the case if it should not have been filed, and the people's procuratorate has the right to supervise the public security organs' withdrawal of the case. When collecting and collecting evidence, the public security organs should collect evidence that is unfavorable to the suspect as well as evidence favorable to the suspect, prohibit the use of torture to extract confessions and other illegal methods to collect evidence, and exclude illegal evidence in accordance with law. When approving arrest or reviewing for prosecution, the people's procuratorate must not make a decision to approve arrest or prosecution if the conditions are not met. At trial, the people's court shall render a not-guilty verdict where the evidence is insufficient or does not constitute a crime.
-- Implement case-handling responsibilities. China's law enforcement and judicial case-handling organs have actively promoted the reform of the case-handling responsibility system, ensuring strict law enforcement and judicial fairness, and effectively consolidating the responsibilities of personnel handling terrorist cases. The people's courts further clarify the scope of authority of trial organizations and the duties of adjudicators, with effective trial management and trial supervision as safeguards, deepen the reform of the substantiation of court trials, and implement the practice of letting adjudicators make judgments and having adjudicators be responsible, to ensure the independent and impartial exercise of adjudication power in accordance with law. The people's procuratorates are to complete case-handling organizations, define internal case-handling authority, improve the judicial case-handling responsibility system, so that whoever handles the case is responsible and whoever makes the decision is responsible, and build a fair and efficient operational mechanism for procuratorial power. Public security organs are to establish and complete mechanisms for case review and gatekeeping, clarifying the law enforcement and case-handling powers of case handlers, reviewers, approvers, and so forth, and making full use of information technology to record and retrospectively manage the entire process of law enforcement and case-handling activities, so as to restrain law enforcement and case-handling activities. On the basis of clarifying responsibility, the law enforcement and judicial case-handling organs have also provided for a strict accountability system, whereby those responsible for handling cases in violation of the law will be held accountable in accordance with the law, punished according to the circumstances, and criminal responsibility will be pursued in accordance with the law if a crime is constituted. In addition, law enforcement and judicial case-handling organs have also comprehensively standardized the exercise of power by deepening the reform of sentencing standardization, establishing a case quality evaluation system, implementing a case-handling quality evaluation mechanism, strengthening case management and case guidance, and strengthening the training of case-handling personnel.
– Strengthening external supervision. In addition to being constrained by statutory and internal supervision mechanisms, the powers of China's law enforcement and judicial organs are also subject to external supervision, such as supervision by the people's congress, democratic supervision, and social supervision. People's congresses, as organs of state power, supervise the work of the people's courts and people's procuratorates in accordance with law by hearing work reports and conducting special inquiries. The People's Political Consultative Conference (CPPCC) exercises democratic supervision over law enforcement and judicial case-handling organs. The people's courts, people's procuratorates, and public security organs also take the initiative to accept the supervision of the people's congresses and the people's political consultative conference. The masses are to carry out social oversight of the law enforcement and judicial case-handling activities of the people's courts, people's procuratorates, and public security organs through methods such as serving as people's assessors or people's supervisors, and participating in hearings.
-- Broadening the channels of supervision. China's law enforcement and judicial case-handling organs continue to broaden the channels of supervision, strengthen social supervision through various means, continuously enhance the transparency of law enforcement and justice, and prevent the abuse of law enforcement and judicial powers. The people's courts are to increase the extent of judicial openness through disclosure of trial process information, judgment documents, enforcement information, court hearings, and so forth, and promptly announce the court's trial and enforcement work. People's procuratorates are to promote openness in procuratorial affairs, lawfully disclosing activities and matters related to procuratorial authority, and making full use of modern information means to establish platforms for open information on procuratorial affairs, set up electronic display and inquiry equipment, and open websites and web pages to facilitate inquiries into procuratorial information. Public security organs are to promote openness in police activities, and administrative punishments follow the principle of openness, and the law enforcement process and punishment results are consciously subject to the supervision of society and citizens. Judicial-administrative organs are to promote openness in prison affairs, disclosing the conditions, procedures, and results of prison law enforcement work to the public in accordance with law, strengthening the standardization, institutionalization, and legalization of prison work, and standardizing law enforcement conduct.
4. Protect human rights in accordance with the law in counter-terrorism efforts
China regards respect for and protection of human rights as the basic principle of the legal system and practice of counter-terrorism, organically combines the punishment of terrorist activities in accordance with the law with the respect and protection of human rights, and pays attention to protecting the basic rights of citizens and maintaining normal social order as well as the rights of victims, other stakeholders, suspects, defendants and criminals in the process of handling cases of terrorist activities in accordance with the law.
• Ensuring a safe environment and social order for the enjoyment of human rights. Terrorism poses a major threat to national security, public safety, and the safety of people's lives and property, and strengthening counter-terrorism measures and effectively preventing and combating terrorist activities are important aspects of human rights protection. On the one hand, China resolutely protects the legitimate rights and interests of citizens and organizations and prohibits any discriminatory practices on the basis of region, ethnicity, religion and other grounds, and on the other hand, effectively curbs the spread of terrorism, protects citizens' rights to life, health and property to the greatest extent possible, and maintains social stability.
- Protecting the rights of victims and other stakeholders. In responding to and handling terrorist incidents, China gives priority to protecting the personal safety of persons directly harmed or threatened by terrorist activities, organizing the rescue and treatment of victims, evacuating, evacuating, and properly relocating those threatened; medical and other assistance, and timely provision of basic livelihood guarantees to victims who have lost their basic living conditions and their close relatives.
-- Protecting personal freedom and personal dignity. China's constitution and laws clearly stipulate that citizens' personal freedom and personal dignity shall not be violated. When handling cases of terrorist activities and employing compulsory measures restricting personal liberty such as detention and arrest, case-handling organs are to strictly abide by the requirements, procedures, and time limits provided by law. Without the approval of the people's procuratorate or the decision of the people's court, the public security organs must not carry out arrests. The people's procuratorates have strengthened the review of the necessity of detention, recommending that they be released or modify compulsory measures where there is no need for continued detention, and strictly grasp the conditions for extending the period of investigative detention, and do not extend those who do not meet the requirements. Case-handling organs strictly abide by the Constitution and laws on the inviolability of personal dignity, ensure that suspects or defendants in terrorist activities violate the law and have food and necessary rest periods, must not physically punish, abuse, or humiliate, prohibit beatings, threats, or intimidation during interrogation, strictly prohibit extorting confessions by torture and using threats, inducements, deception, or other illegal methods to gather evidence, must not compel self-incrimination, and criminal suspects or defendants' confessions gathered by torture or other illegal methods shall be excluded.
– Guaranteeing the right to a defense. Suspects or defendants of terrorist activities have the right to retain a defender to defend themselves from the date on which they are first interrogated by the investigating organs or when compulsory measures are taken, and they have the right to receive legal aid if they meet the legally prescribed circumstances. Judicial organs and judicial-administrative organs are actively promoting pilot efforts to provide full coverage of defense counsel during the review for prosecution phase of criminal cases, appointing lawyers to provide legal aid to criminal suspects who do not have a defender, and expanding the scope of criminal legal aid. In addition, in order to ensure that criminal suspects and defendants have the right to a defense and that they can obtain an effective defense, the judicial organs have further strengthened lawyers' rights to know, apply, and appeal in the course of litigation, as well as the rights to meet, read the case file, collect evidence, ask questions, debate evidence, and defend themselves.
-- Protecting the right to know and the right to participate. Before administrative organs investigate and handle cases of illegal terrorist activities and make administrative punishment decisions, they shall inform the parties of the content of the proposed punishment and the facts, reasons, and basis, and inform the parties of their rights to make statements, make defenses, and request hearings in accordance with law. Where the facts, reasons, and evidence submitted by the parties are sustained, the administrative organs shall accept them. In the investigation of terrorist crimes, strictly limit the exceptional circumstances of not notifying family members after compulsory measures have been employed, and where notifying family members might obstruct the investigation, notice should be given as soon as the circumstances obstructing the investigation disappear. In criminal proceedings, suspects and defendants of terrorist activities have the right to be promptly informed of the charges against them, the circumstances of the case, and the procedural rights they enjoy, the right to apply for recusal, the right to appear in court, and the right to participate in court investigations, debates, and final statements to the court.
-- Guaranteeing the right to obtain relief in accordance with the law. Chinese law guarantees the right of the parties to obtain all-round and multi-channel remedies. Where a person who has been punished for illegal acts of terrorist activities is not satisfied with the punishment decision, he has the right to apply for an administrative reconsideration or initiate an administrative lawsuit in accordance with law, and may retain a lawyer to participate. Defendants in terrorist activities, defenders with the defendant's consent, close relatives, and so forth, have the right to appeal if they are dissatisfied with the first-instance judgment or ruling of the local people's court at any level. The right of appeal of the accused may not be deprived on any pretext. Where the parties have the right to submit an appeal against a judgment or ruling that has already taken effect, and where the legally-prescribed requirements are met, the people's court or people's procuratorate shall initiate trial supervision procedures, and the people's court is to retry the case. Where a party's rights and interests are harmed due to administrative or judicial organs illegally giving administrative or criminal punishments, they have the right to apply for state compensation in accordance with law.
-- Guaranteeing the right to use one's own spoken and written language in litigation. China's constitution and laws give citizens of all ethnic groups the right to use their own spoken and written languages to conduct litigation. Judicial organs hearing cases of terrorist activities shall translate for litigation participants who do not know the spoken and written languages commonly used in the locality. In areas where ethnic minorities live in large concentrations or where multiple ethnic groups live together, trials shall be conducted in the language commonly used in the locality, and judgments, notices, and other documents shall be published in the language commonly used in the locality. In ethnic autonomous areas, the people's courts and people's procuratorates shall hear and prosecute cases in the language commonly used in the locality, and reasonably appoint personnel who are proficient in the spoken and written languages of the ethnic minorities commonly used in the locality, and legal documents shall use one or more of the languages commonly used in the local area according to actual needs.
-- Protecting the lawful rights of criminals. Chinese law clearly stipulates that the personality of a convict shall not be insulted, and his personal safety, lawful property, and rights of defense, appeal, accusation, report, and other rights that have not been deprived or restricted in accordance with law shall not be infringed upon. Criminal punishment enforcement organs respect the personal dignity of terrorist criminals and protect their lawful rights and interests. The people's procuratorates are to conduct legal supervision of the enforcement of criminal punishments in accordance with law. Where convicts are not satisfied with an effective judgment, they may file an appeal. Where convicts submit accusations or reports, the criminal punishment enforcement organs shall promptly handle it or transfer it to the relevant departments for handling, and notify the convict of the outcome. While serving their sentences, convicts may correspond with others, meet with relatives and lawyers, etc. Prisons have special medical institutions, and those who really need to go out for medical treatment or be released on parole to ensure that sick convicts receive medical treatment in a timely manner. Prisons adhere to the work principle of "combining punishment with reform, with the aim of reforming people", carry out cultural, legal and technical education for convicts, improve their cultural level and ability to earn a living, and strive to prevent convicts of terrorist activities from committing crimes again after their release from prison. Criminal punishment enforcement organs and people's courts are to handle commutation or parole cases in strict accordance with legally-prescribed procedures and conditions, and the criminal punishment enforcement organs are to submit a request, and the people's courts are to make a commutation or parole ruling on eligible convicts in accordance with law, and the people's procuratorates are to supervise in accordance with law.
5. Vigorously safeguard people's security and national security
China has carried out counter-terrorism work in accordance with the law, continuously enhanced its counter-terrorism and anti-terrorism capabilities, better coordinated security, stability and social development, eliminated the ideological basis of terrorism, enhanced the people's sense of security, safeguarded national security, and made positive contributions to regional and global security and stability.
-- Continuously enhancing counter-terrorism and anti-terrorism capabilities. With the continuous improvement of the legal system, China has continuously strengthened the construction of safety management systems in transportation, mail and logistics, dangerous goods and other related industries, actively promoted the construction of anti-terrorism prevention standards in key industries and local areas, successively formulated and revised various anti-terrorism plans, and strengthened drills to strengthen social security prevention and control capabilities. Encourage and support counter-terrorism scientific research and technological innovation, develop and promote the use of new technical equipment, and use it in practical training and actual combat, effectively respond to the challenges brought about by new technologies and new forms of business such as artificial intelligence, encrypted communications, and virtual currency, and continuously improve scientific and technological counter-terrorism capabilities. Persist in combining specialized counter-terrorism work with the mass line, widely carry out counter-terrorism publicity and education activities throughout society, promote publicity on campuses, units, communities, and so forth, launch publicity materials such as the "Citizen Counter-Terrorism Prevention Handbook" to the public, introduce reward measures for reporting leads related to terrorism, and widely mobilize the public to provide clues, increasing the public's awareness of security precautions and their ability to respond to violent terrorist emergencies.
-- Better coordinating security, stability and social development. Since 2014, China has continued to crack down on violent terrorist activities, punished a number of criminals who premeditated terrorist activities in accordance with the law, destroyed the vast majority of terrorist activities at the premeditated stage and before the action, effectively safeguarding national security and overall social stability, and significantly enhancing the people's sense of security. Counter-terrorism promotes security and stability, and security and stability bring development dividends, and development dividends further consolidate security and stability. From 2012 to 2022, the per capita disposable income of urban residents increased from 19,019 yuan to 38,410 yuan, and the per capita disposable income of rural residents increased from 6,876 yuan to 16,550 yuan, an increase of 1.02 times and 1.4 times, respectively. By the end of 2020, 3,064,900 rural poor people in Xinjiang had been lifted out of poverty, 3,666 impoverished villages had been withdrawn, and all 35 impoverished counties had been lifted out of poverty. In 2023, Xinjiang will receive a total of 265.44 million domestic and foreign tourists, a year-on-year increase of 117%, and achieve a total tourism income of 296.7 billion yuan, a year-on-year increase of 227%.
-- Eliminating the ideological basis of terrorism. While severely punishing the illegal and criminal activities of terrorist activities, China has also paid more attention to educating and rescuing the majority of people who have been seduced by extremist ideology in a non-criminal way, but whose actions have not yet produced serious harmful consequences. Relevant government departments, women's federations and other social organizations, religious groups, schools, families, and so forth, are working closely together to employ a variety of intervention measures to prevent further harm to persons infected by extremism, taking into account the different characteristics of those infected by extremism. Religious extremism is not a religion, it distorts religious doctrines, advocates violent and radical views, and seriously undermines normal religious activities. Under the infiltration and control of religious extremism, some people participate in or are instigated, coerced or lured to participate in terrorist activities. China adheres to the principle of "protecting the lawful, stopping the illegal, curbing extremism, resisting infiltration, and cracking down on crime", earnestly protects freedom of religious belief, guarantees normal religious activities, and continues to promote "de-extremification" in accordance with the law, so as to effectively curb the infiltration and spread of religious extremism. The masses' awareness of the rule of law has been markedly enhanced, and they are generally able to recognize the dangers of religious extremism, and their ability to distinguish between right and wrong and resist infiltration has been markedly improved.
-- Making positive contributions to global and regional security and stability. China has effectively curbed the spread of terrorism by vigorously cracking down on terrorist activities in its territory, strengthening border control at ports and borders, and blocking the cross-border flow of terrorists. In accordance with the provisions of the law, in accordance with the international treaties it has concluded or acceded to, and in accordance with the principle of equality and reciprocity, China has actively carried out international cooperation against terrorism. China adheres to the concept of a community with a shared future for mankind, actively supports the United Nations in playing a leading and coordinating role in international counter-terrorism cooperation, adheres to the Charter of the United Nations and other universally recognized international laws, supports a series of counter-terrorism resolutions adopted by the UN Security Council, and has participated in 12 global counter-terrorism conventions to actively fulfill its counter-terrorism obligations. It has played an important role in maintaining international and regional security and stability by actively advocating regional counter-terrorism cooperation, promoting the formulation of a series of documents such as the Shanghai Convention on Combating Terrorism, Separatism and Extremism and the Agreement on Border Cooperation among the SCO Member States under the framework of the Shanghai Cooperation Organization. Through the establishment of mechanisms for meetings, exchanges and counterpart cooperation between law enforcement agencies and border areas in the field of counter-terrorism, we have carried out practical exchanges and cooperation with dozens of countries in the areas of intelligence and information exchange, border control, case investigation and handling, and combating terrorist financing.
Conclusion
The world has the same end but different paths, the same and a hundred considerations. It is the general consensus of the international community today to ensure that counter-terrorism work operates on the track of the rule of law. However, there are differences in the political systems, legal systems, and cultural traditions of various countries, and the forms, forms, and manifestations of terrorism they face are different, and it is impossible to be completely consistent in the practice of the rule of law against terrorism. After more than 40 years of development and improvement, China's counter-terrorism legal system has achieved the harmonization and unity of the spirit and concept of the rule of law and the principles and concepts of international counter-terrorism.
Regrettably, some countries often ignore the right of each country to independently choose the path of counter-terrorism under the rule of law, impose their own will on others, arbitrarily judge the practices of other countries, and even use the so-called "rule of law" and "human rights" as pretexts to interfere in the internal affairs of other countries and infringe on the sovereignty of other countries, seriously hindering the process of legalization of international counter-terrorism, seriously weakening the foundation of international counter-terrorism cooperation, and seriously affecting the effectiveness of international counter-terrorism.
Practice has proven that as long as the explorations and practices of various countries can reflect the value orientation of human society, abide by the principles and norms of the United Nations on counter-terrorism, and conform to their national conditions and legal systems, they are all part of the cause of legalization of international counter-terrorism. The international community should embrace different forms of counter-terrorism rule of law paths, resolutely oppose the "double standards" of counter-terrorism, and oppose the politicization and instrumentalization of counter-terrorism issues. China is ready to work with all countries in the world to actively participate in global counter-terrorism governance under the guidance of the concept of a community with a shared future for mankind, and carry out extensive mutual learning, exchanges and cooperation on the basis of equality and respect, so as to jointly promote the healthy development of the global counter-terrorism cause.
(Source: Xinhua News Agency)