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On the function of the National Security Law and suggestions for amending the law

author:Shanghai Law Society
On the function of the National Security Law and suggestions for amending the law
On the function of the National Security Law and suggestions for amending the law
On the function of the National Security Law and suggestions for amending the law

The overall concept of national security is an ideological and theoretical system that is constantly developing and improving, and national security legislation in the new era is also constantly advancing, and the national security law should be continuously revised and improved. In view of the special functions and status of the National Security Law, the National People's Congress should initiate the work of amending the law and establish the National Security Law as a basic law in the field of national security. The overall idea of revision can consider three schemes: major repair, medium repair and minor repair. Key revisions include: writing "overall development and security" into law, improving the task of preserving national security, clarifying the responsibilities of the Supervision Commission to preserve national security, strengthening local responsibilities for preserving national security, and adding special chapters on supervision and inspection and legal responsibility.

On the function of the National Security Law and suggestions for amending the law

The National Security Law is the first comprehensive, overall, and basic law in the field of national security on the mainland, and is a major legislative achievement in the construction of national security rule of law in the new era. The mainstream view in academic circles is that the NPC should initiate the process of amending the law and revise the National Security Law into a basic law in the field of national security as soon as possible. However, there are still few existing studies on how to carry out the work of amending the law, and this article attempts to make a preliminary discussion on this. Generally speaking, the National Security Law can consider three options: major revision, medium revision, and minor revision, and should accomplish at least two tasks: one is to write important developments in the overall national security concept into law, and the other is to revise part of the national security law.

1. The basic functions of the National Security Law

From the perspective of the overall situation of national security work in the new era, the National Security Law mainly carries two basic functions, one is to codify the overall national security concept, and the other is to lead the national security legislation in the new era.

(1) Legalization of the overall national security concept

The overall concept of national security is a major strategic achievement of national security work in the new era, and it is also the fundamental compliance and action guide for national security work in the new era. The 19th National Congress of the Communist Party of China (CPC) established upholding the overall national security concept as the basic strategy for upholding and developing socialism with Chinese characteristics in the new era. The Resolution of the Central Committee of the Communist Party of China on the Major Achievements and Historical Experience of the Party in the Past Century speaks highly of national security work in the new era and establishes the historical status of the overall national security concept. The 20th National Congress of the Communist Party of China (CPC) further enhanced the strategic position of national security work in the overall cause of the Party and the country, and made new strategic arrangements for unswervingly implementing the overall national security concept.

The overall concept of national security is the latest achievement of the Sinicization of Marxist national security theory, the crystallization of the practical experience and collective wisdom of the CPC and the Chinese people in defending national sovereignty, security and development interests over a century, and forming a systematic and complete national security theory for the first time in the history of the CPC. The overall concept of national security is a systematic proposition put forward by the Communist Party of China on national security work in the new era. It is of great significance to fully implement the overall national security concept by making overall national security a national will and transformed into laws and regulations through legal procedures. On July 1, 2015, the Standing Committee of the National People's Congress deliberated and passed the National Security Law, translating the core ideas of the overall national security concept into law in an all-round way, including:

First, it is necessary to clarify the guiding position of the overall national security concept. Article 3 of the National Security Law stipulates: "National security work shall adhere to the overall concept of national security, take people's security as the purpose, political security as the foundation, economic security as the foundation, military, cultural and social security as the guarantee, and promote international security as the basis, maintain national security in all fields, build a national security system, and follow the path of national security with Chinese characteristics." ”

Second, it is necessary to establish a new type of national security leadership system based on the overall national security concept. In November 2013, the Third Plenary Session of the 18th Central Committee of the Communist Party of China decided to establish the National Security Committee to strengthen centralized and unified leadership over national security work. On April 15, 2014, General Secretary Xi Jinping emphasized at the first plenary session of the Central National Security Commission: "The Central National Security Commission should follow the principles of centralization and unity, scientific planning, integration of unified and decentralized actions, coordinated action, and lean and efficient, focus on key points, grasp the outline, and closely focus on the unified deployment of national security work." "In this regard, the National Security Law confirms and consolidates. Articles 4 and 5 of the law stipulate: "Adhere to the leadership of the Communist Party of China over national security work, and establish a centralized, unified, efficient and authoritative national security leadership system" and "the central national security leading body shall be responsible for decision-making, deliberation and coordination of national security work, research, formulate, and guide the implementation of national security strategies and relevant major guidelines and policies, coordinate major national security matters and important work, and promote the construction of national security rule of law".

Third, the important exposition of the overall concept of national security should be enshrined in law. For example, Article 3 of the law on the path of national security with Chinese characteristics, Article 8 on the "four overall plans", and Article 10 on common security are all directly derived from the relevant discussion of the overall national security concept.

Fourth, the concept of relative security, dynamic security, and sustainable security in the overall national security concept should be enshrined in law. For example, Article 2 of the National Security Law clearly stipulates the concept of relative security and sustainability in the definition of national security, and Article 34 enshrines the concept of dynamic security in law.

Fifth, the important expositions on safeguarding security in key areas in the overall national security concept should be enshrined in law. The National Security Law has set up a special chapter on "Tasks for Safeguarding National Security", which enshrines into the law important expositions in key security areas such as political security, people's security, homeland security, military security, economic security, financial security, resource security, energy security, food security, cultural security, science and technology security, network information security, social security, ecological security, nuclear security, polar deep-sea space security, and overseas interest security.

Sixth, the important discourse on the national security governance system and capacity building in the overall national security concept should be enshrined in law. The National Security Law has set up three special chapters, "Duties for Safeguarding National Security", "National Security System" and "National Security Guarantees", which stipulate the national security governance system, many of which are derived from or embody the spirit of the overall national security concept.

(2) Leading national security legislation in the new era

Under the guidance of the overall national security concept, the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China put forward the overall goal of accelerating the construction of the rule of law for national security and building a legal system for national security. As a comprehensive, overall and basic law in the field of national security, another basic function of the National Security Law is to play a leading role in the national security legal system in the new era, and to lead and promote legislation in key areas.

In general, the overarching role of the National Security Law is mainly reflected in three ways: First, the guiding position of the overall national security concept established by the National Security Law and the national security leadership system in the new era have been reflected and continued in subsequent national security legislation. Second, the principled provisions of the National Security Law on "the task of safeguarding national security" have played a role in promoting legislation in key security areas and provided important guidance. Third, the framework arrangements for national security governance in the National Security Law also provide important guidance for subsequent legislation in key security areas.

Since the 18th National Congress of the Communist Party of China, under the promotion of the Central National Security Leading Organization and the guidance of the National Security Law, the pace of national security legislation on the mainland has been significantly accelerated, and unprecedented development results have been achieved. In addition to the National Security Law, the important achievements made by the mainland in the construction of the national security legal system over the past 10 years include: the Counter-Espionage Law, the National Intelligence Law, and the Cryptography Law for safeguarding the country's political security; the Export Control Law for safeguarding economic security; the National Defense Law, the Military Service Law, the People's Armed Police Law, the Law on the Protection of Military Installations, the Law on National Defense Communications, and the Law on the Coast Guard; the Law on Land Boundaries for Safeguarding National Territory Security; the Anti-Terrorism Law for Safeguarding Social Security; The Law on the Management of Foreign Non-Governmental Organizations' Activities in China, the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law on Maintaining Cybersecurity, the Biosecurity Law on Maintaining Biosecurity, and the Nuclear Security Law on Maintaining Nuclear Security. In addition, the Standing Committee of the National People's Congress has also enacted an anti-foreign sanctions law to counter the containment and suppression of the mainland by certain countries, enacted a law on safeguarding national security in Hong Kong, and established and improved the legal system and enforcement mechanism for the Hong Kong Special Administrative Region to safeguard national security.

2. The necessity of amending the law and the general idea

From the perspective of the basic function of the National Security Law, with the change of the connotation of the overall national security concept and the progress of national security legislation, necessary amendments must be made in order to continue to play its functions.

(1) Respond to major developments and changes in the overall national security outlook

The overall concept of national security is not static, but an ideological and theoretical system that is constantly developing and improving. The overall concept of national security was formally proposed on April 15, 2014, and has undergone a process of continuous adaptation, enrichment and improvement since then. The 20th National Congress of the Communist Party of China (CPC) further enhanced the strategic position of national security work in the new era and injected new connotations into the overall national security concept. Many of the developments in the overall national security concept after 2015 need to be consolidated by amending the National Security Law.

For example, Article 8, Paragraph 2 of the 2015 National Security Law stipulates the "four co-ordination" of national security work, namely, "the overall coordination of internal and external security, homeland and national security, traditional and non-traditional security, and self-security and common security", which is a legal confirmation of the relevant discussion of the overall national security concept before 2015. Since then, General Secretary Xi Jinping has made many new expositions on the matters and contents that should be coordinated in national security work, especially "coordinating development and security", which has been established as a major principle of the mainland's governance and the basic principle of economic and social development, and is a major theoretical achievement for the further development and improvement of the overall national security concept. The report to the 20th National Congress of the Communist Party of China (CPC) once again emphasized the need to coordinate development and security, and to ensure a new development pattern with a new security pattern. At the same time, the 20th National Congress of the Communist Party of China (CPC) revised the Party Constitution to include overall development and security in the Party Constitution. This should be confirmed in the national security law. In addition, the Resolution of the Central Committee of the Communist Party of China on the Major Achievements and Historical Experience of the Party in the Past Century summarizes the overall concept of national security as "five overall plans", namely, the overall development and security, the opening and security, the traditional and non-traditional security, the self-security and common security, and the maintenance and shaping of national security. The report to the 20th National Congress of the Communist Party of China (CPC) proposes to coordinate external and internal security, homeland security and national security, traditional and non-traditional security, self-security and common security, and to maintain and shape national security, as well as development and security. Which of these co-ordinated ideas need to be translated into law and need to be considered when amending the law.

(2) Respond to important developments in national security legislation

The National Security Law is a comprehensive, overall, and basic law in the field of national security in the new era, and occupies a dominant position in the national security legal system. The main manifestation of its dominance is the principled provision of relevant contents, and on the basis of which other national security laws have made more comprehensive and detailed provisions. On the other hand, the main content of the security laws of other countries should be reflected in the national security laws to a certain extent.

Overall, the 2015 National Security Law and other national security laws and regulations are mainly linked through the chapter on "Tasks for Safeguarding National Security". Many laws and regulations in the field of national security formulated after 2015 revolve around the tasks of a key security area, and a relatively direct connection with the national security law can be seen in terms of language and specific content. However, there are still some important legislative achievements that lack the necessary provisions in the 2015 National Security Law.

For example, the Personal Information Protection Law is an important law for maintaining the security of personal information in the digital age, and it is also a major achievement of national security legislation in the new era. From the perspective of national security, the essence of the Personal Information Protection Law is the Personal Information Security Protection Law. The 20th National Congress of the Communist Party of China (CPC) discussed the protection of personal information in the section on national security, which reflects this understanding and positioning. From the perspective of overall national security, personal information security belongs to the category of people's security, and in the context of the implementation of the Personal Information Protection Law, clear provisions may be made in the scope of people's security. Article 16 of the National Security Law stipulates: "The State shall safeguard and develop the fundamental interests of the broadest masses of the people, safeguard the safety of the people, create good conditions for survival and development and a stable working and living environment, and safeguard the safety of citizens' lives and property and other legitimate rights and interests." It can be seen that in terms of the legal expression of people's security, the current national security law only clearly stipulates the "safety of life and property" of citizens. In order to strengthen the protection of citizens' information security and give full play to the role of the National Security Law in the leadership of the Personal Information Protection Law, it may be considered to include citizens' "information security" in the National Security Law.

Another example is biosecurity and public health security, which have attracted widespread attention in recent years. On October 17, 2020, the Standing Committee of the National People's Congress deliberated and passed the Biosecurity Law, making systematic provisions on the biosecurity risk prevention and control system, key matters and tasks, and biosecurity capacity building. At present, there is no relevant expression on biosecurity in the National Security Law, and in this regard, it is urgent to amend the National Security Law to make principled provisions for the maintenance of biosecurity. In addition, the mainland data security law has been legislated separately, and the current national security law only mentions data security in network information security, and the law should be amended to make separate principle provisions on the task of maintaining data security.

(3) Respond to the reform of the supervision system and major changes in state institutions

Comprehensively and strictly administering the party is a major strategic deployment in the new era, and the reform of the supervision system is a major reform measure to implement the comprehensive and strict governance of the party. A major institutional achievement of the reform of the supervision system is the establishment of supervision committees. A 2018 constitutional amendment established the Supervisory Commission as a new state institution on the mainland. On March 20, 2018, the first session of the 13th National People's Congress passed the Supervision Law, which stipulates the supervision organs and their duties, the scope and jurisdiction of supervision, the scope and procedures of supervision, and international cooperation in anti-corruption.

As a political organ and a special organ exercising state supervision duties, the Supervision Commission is of great significance and plays an irreplaceable role in maintaining and shaping national security, especially the security of the regime and the security of the system. In 1945, Comrade Mao Zedong proposed the first way to break out of the historical cycle of the rise and fall of chaos, that is, to practice democracy. On November 11, 2021, General Secretary Xi Jinping proposed that the Communist Party of China has found the second answer, that is, self-revolution. In October 2022, the 20th National Congress of the Communist Party of China revised the Party Constitution to write the Party's self-revolution into the Party Constitution, which will always be on the road, continuously improve the internal Party legal system, strengthen the main responsibility and supervision responsibility of comprehensively and strictly governing the Party, and promote the content of not daring to be corrupt, not being corrupt, and not wanting to be corrupt into the Party Constitution.

The establishment of supervision commissions is a strategic and basic institutional arrangement for promoting the party's self-revolution, and supervision commissions at all levels are the key force in maintaining and shaping the security of state power and system. Since the National Security Law was enacted before the establishment of the Supervision Commission, it is impossible to stipulate the duties of the Supervision Commission to safeguard national security. In this regard, only the relevant provisions of the amendment law are added.

(4) Resolve the issue of coordination between the National Security Law and other laws

The 2015 National Security Law is a comprehensive, overall and basic law in the field of national security formulated under the guidance of the overall national security concept. The law establishes the guiding position of the overall national security concept, and establishes the leadership system, basic principles, main tasks, responsibilities of relevant departments, national security system, and national security guarantee system for national security work in the new era, and should occupy a dominant position in the mainland's national security legal system. From the perspective of codification, if the national security code is compiled in the future, the national security law should become the "general provisions" part of the mainland national security code. However, since the National Security Law was deliberated and passed by the Standing Committee of the National People's Congress, it is not only lower than the special laws in the field of national security such as the Anti-Secession Law and the National Defense Law, but also lower than the National Security Law, the Administrative Punishment Law, the Supervision Law, the Foreign Investment Law and other national security-related laws. This will not be able to effectively play the overarching function of the national security law, which is not conducive to the optimization and improvement of the national security legal system, and will bring a series of problems to the coordination of the relationship between relevant laws and the judicial work of national security law enforcement, which can be better solved by elevating the national security law to a basic law.

(5) Further clarify the needs of the leading national security bodies and their office responsibilities

The National Security Law provides for the central national security leading institutions and their responsibilities in principle, but does not stipulate the local national security leading institutions and their duties, nor does it stipulate the duties of the office of the national security leading institutions. In the new era, national security work is becoming richer and richer, involving a wider range of fields, and the tasks of national security governance are becoming more and more complex, so it is urgent for national security leading institutions to better play the role of leadership, coordination, organization and mobilization. How to further clarify the responsibilities of the leading national security institutions and their offices, how to ensure the implementation of the relevant responsibilities of the leading national security institutions through systems, how to better give play to the role of local leading national security institutions and their offices, and how to improve the relationship between the leading national security institutions and the relevant institutions that undertake national security responsibilities can be further improved through the amendment of the law.

(6) The need to further modernize the national security system and capabilities

The 20th National Congress of the Communist Party of China (CPC) put forward Chinese-style modernization and made strategic arrangements for modernizing the national security system and capabilities. The National Security Law sets up special chapters on national security systems and national security safeguards, and makes provisions on the national security governance system and capacity building. Judging from the implementation of the National Security Law in recent years, there are certain deficiencies in the implementation of relevant systems and safeguard measures, and the modernization of the national security system and capabilities still needs to be further promoted, and the role of the National Security Law in safeguarding and leading the country needs to be further brought into play. Especially at the local level, how to further promote the modernization of the national security system and capabilities requires more perfect provisions in the national security law.

(7) The overall idea of amending the law

The National Security Law may consider three types of amendments: major repairs, medium revisions, and minor amendments.

Overhaul refers to the comprehensive and systematic revision of the National Security Law in light of changes in the mainland's national security situation and tasks, the overall national security concept, the national security strategy, and the national security legal system. Specifically, it includes: establishing the National Security Law as the basic law in the field of national security; making necessary adjustments and improvements to the chapter system of the National Security Law; comprehensively translating the core essence of the overall national security concept into law; The core areas such as national security capabilities have been more scientifically defined, the tasks of safeguarding national security have been expanded and improved, the responsibilities for safeguarding national security have been supplemented and improved, the national security governance system has been improved, the institutional arrangements for national security capacity building have been improved, the rights and obligations of citizens and organizations have been improved, and necessary legal liability provisions have been added. In the era of codification, consideration could be given to positioning the National Security Law as a part of the General Provisions of the National Security Code, so as to make better arrangements for coordination with other national security laws.

The intermediate revision refers to the initiation of the work of amending the law by the National People's Congress, establishing the National Security Law as a basic law in the field of national security, and making amendments to some important contents while basically maintaining the current legislative style. Specifically, it includes: enshrined in law the important development achievements of the overall national security concept, further improving the responsibilities of the leading national security institutions, expanding and improving the tasks of safeguarding national security as necessary, increasing the responsibilities of the Supervision Commission for safeguarding national security, improving the national security system and national security safeguards, strengthening local responsibilities for safeguarding national security, and improving the rights and obligations of citizens and organizations.

Minor revisions refer to the initiation of the work of amending the law by the Standing Committee of the National People's Congress (NPC) and making necessary amendments to the important contents mentioned above, as described above.

3. Specific suggestions for amending the law and the reasons for it

(1) The central leading institution for national security is to study efforts to revise the National Security Law, and promote the revision and improvement of the National Security Law

Article 5 of the National Security Law stipulates that the central leading institution for national security is responsible for promoting the establishment of the rule of law for national security. The elevation of the National Security Law to a basic law is related to the improvement of the national security legal system in the new era, the effectiveness of the implementation of the rule of law in national security, the maintenance and shaping of national security, the modernization of the national security system and capabilities, and the guarantee of a new development pattern with a new security pattern. The report of the 20th National Congress of the Communist Party of China (CPC) put national security work in a prominent position, proposing to promote the modernization of the national security system and capabilities, improve the national security rule of law system, strategic system, policy system, risk monitoring and early warning system, and national emergency management system, and build a global linkage, three-dimensional and efficient national security protection system. To implement the spirit of the 20th National Congress of the Communist Party of China, it is necessary to further advance the construction of the rule of law for national security. In view of the urgent need to further legalize the overall concept of national security, as well as the important position of the National Security Law in the national security legal system in the new era, it is suggested that the central national security leading body should make a decision on the revision of the National Security Law, make a directional judgment on whether to adopt major, medium or minor revisions, and promote the acceleration of the revision of the law.

(2) The National People's Congress has accelerated the initiation of the work of amending the law, elevating the National Security Law to a basic law

The overall concept of national security is an important part of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and is a major theoretical achievement of national security work in the new era. The 19th National Congress of the Communist Party of China (CPC) has taken upholding the overall concept of national security as the basic strategy for upholding and developing socialism with Chinese characteristics in the new era, and has written it into the Party Constitution. The 20th National Congress of the Communist Party of China (CPC) proposed to unswervingly implement the overall national security concept. The National Security Law is a comprehensive, overall and basic law in the field of national security on the mainland, formulated under the guidance of the overall national security concept, and should play a leading role in the national security legal system. In order to further improve the mainland's national security legal system and resolve the relationship between the national security law and the special laws and relevant laws in the field of national security in one step, it is suggested that the National People's Congress should initiate the revision of the national security law and elevate the law to a basic law, so as to give better play to its leading role in the national security legal system.

(3) Establish "coordinated development and security" as the basic principle of the mainland's national security law

The Fifth Plenary Session of the 19th Central Committee of the Communist Party of China (CPC) and the 14th Five-Year Plan established "coordinated development and security" as the basic principle of the mainland's economic and social development. The 20th National Congress of the Communist Party of China (CPC) wrote "overall development and security" into the Party Constitution. Paragraph 1 of Article 8 of the National Security Law stipulates that "the maintenance of national security shall be coordinated with economic and social development", which has embodied the legislative spirit of "coordinating development and security". However, in view of the fact that "integrated development and security" has become the core essence and symbolic connotation of the overall national security concept, and has also been established as a major principle of governance and a basic principle of economic and social development, it is necessary to clearly stipulate it in the National Security Law and establish its status as a basic principle.

(4) Make special chapters on the duties of leading institutions for national security and their offices

The leading institution for national security occupies a central position in national security work, playing the role of decision-making, coordination, and organization and mobilization. At present, the internal and external situation of national security on the mainland is becoming increasingly severe, and the tasks of national security in various fields are becoming increasingly complex, and it is urgent for the leading national security institutions and their offices to play a better role. The National Security Law only stipulates in principle the duties of the central leading organ for national security. It is suggested that when amending the National Security Law, consideration may be given to setting up a special chapter to make more specific provisions on the responsibilities of the central and local national security leading bodies and their offices.

(5) Clarify the duties of the Supervision Commission to preserve national security, and optimize the duties of the people's courts and people's procuratorates to preserve national security

As a political organ and a special organ exercising state supervision power, the Supervision Commission has an important mission for preserving national security, especially national political security. It is suggested that when the National Security Law is amended, the duties of the Supervision Commission to preserve national security should be clearly stipulated. At the same time, the 2015 National Security Law only stipulates the punishment of crimes endangering national security in the 2015 National Security Law, which is not conducive to giving full play to the role of judicial organs in safeguarding national security. According to the 2019 Regulations on the Political and Legal Work of the Communist Party of China and the 2021 Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era, the responsibilities and methods of the people's courts and people's procuratorates to safeguard national security need to be further expanded.

(6) Strengthen and improve local duties for preserving national security, and put forward requirements for local national security governance systems and capacity building

Under the new situation, in maintaining and shaping national security, it is necessary to properly handle the relationship between the local and the overall situation, and give play to the "two enthusiasms" of the central and local governments. In reality, elements of national interests, elements of national security risks, and elements of resources for safeguarding national security are all local, and local governments have a lot to do in maintaining and shaping national security. There are considerable differences between different parts of the mainland and the national security issues they are facing, and the tasks they should undertake to safeguard and shape national security should also be emphasized. For example, economic and financial center cities should play a greater role in maintaining economic and financial security; provinces rich in energy resources should play a greater role in maintaining energy security and resource security; provinces rich in scientific and technological innovation elements should play a greater role in maintaining scientific and technological security; major grain-producing areas such as the northeast and central regions should play a greater role in maintaining food security; the northwest frontier region should play a greater role in maintaining political, social and ecological security; network information, Provinces with strong data industries should play a greater role in maintaining network security and data security; provinces with leading biological resources, biomedical industries, and medical and health resources should play a greater role in maintaining biological security and public health security; and coastal open cities with special functions, such as Shanghai, Shenzhen, and Hainan, should play a more important role in coordinating opening up and security. The National Security Law has few provisions on the responsibilities of local governments in safeguarding national security, and most of them are principled provisions, which is not conducive to better playing the role of local governments in safeguarding and shaping national security. It is suggested that when amending the law, more explicit provisions should be made on the responsibilities that local governments need to undertake, and clear requirements should be put forward for local governments to strengthen national security legislation.

(7) Add a special chapter on inspection and supervision and legal responsibility

National security tasks are systematic, interrelated, cross-border, complex, and ambiguous. The latest research results of public management suggest that more attention should be paid to supervision and accountability in the implementation of ambiguous tasks than in the implementation of explicit tasks, and the governance model of "accountability leadership" should be established. "The right to accountability integrates performance appraisal, political responsibility and people's commitment (people-centered), which not only constitutes the right to inspect and accept in ambiguous governance, but also has a stronger overarching nature, and occupies a dominant position beyond the right to set goals, the right to inspect and accept, and the right to encourage implementation. "From the perspective of the relevant provisions of the National Security Law, both the task of safeguarding national security, the responsibility of safeguarding national security, and the provisions on the national security governance system and capacity building have varying degrees of ambiguity, and it is difficult to ensure the effectiveness of the implementation of the law if there is a lack of necessary inspection and supervision measures. It is suggested that a special chapter on inspection and supervision be added when amending the National Security Law, and provisions should be made on the subject of inspection and supervision, major matters, systems and mechanisms, etc. At the same time, a special chapter on legal liability may be added to stipulate corresponding responsibility for key illegal acts.

epilogue

The report of the 20th National Congress of the Communist Party of China pointed out that national security is the foundation of national rejuvenation, and social stability is the prerequisite for a strong and prosperous country. As a comprehensive, overall, and basic law in the field of national security, the National Security Law undertakes the important function of codifying the overall concept of national security and guiding the national security legal system in the new era. The better play of these functions has put forward urgent requirements for the work of amending the National Security Law. The establishment of the National Security Law as a basic law in the field of national security through legal amendments, and the necessary amendments to key contents, will help the National Security Law better play its functional role, further improve the national security rule of law system, and further promote the modernization of the national security system and capabilities.

On the function of the National Security Law and suggestions for amending the law

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