China - Essential Knowledge on Revised "Anti-Espionage Law" Part 1

Attention is focused on the revised “Anti-Espionage Law” that will come into effect on July 2023, 7.The ambiguity of the legal requirements has raised fears that arbitrary application will lead to long-term detention of Japanese nationals in China, whether they are expatriates or business travelers.However, the legal effect of violating the revised law is administrative detention (= administrative punishment) for a maximum of 1 days, along with fines, etc., and long-term detention, which is criminal responsibility, only occurs for violations of the "Criminal Code" as a crime.Therefore, we will try to explain the minimum knowledge about the revised "Anti-Espionage Law" in three parts in a Q&A format.

Part1
1. Japanese companies are legally obligated to familiarize themselves with the revised Anti-Espionage Law and conduct internal training
2. Introduction of the main contents of the revised “Anti-Espionage Law”
Part2
The Need to Recognize the Significance and Known (or Permitted to Know) Limits of "State Secrets", "Intelligence" and "Information" of Protected Legal Interests
Part3
1. Violation of the Revised Anti-Espionage Law - Administrative Punishment - Details
2. Violations of the “Criminal Code” – Death Penalty and Imprisonment
3. When can research based on public information be subject to the revised Anti-Espionage Act?
Part4
1. Summary of Parts 1 to 3
2. What is administrative punishment, which is the legal effect of violating the revised "Anti-Espionage Law"?
3. What kind of administrative penalties are specifically prescribed as legal effects for violations of the revised "Anti-espionage Law"?
Episode 5 (Advanced Edition Part XNUMX)
1. Understand that the legal basis for long-term imprisonment is not the revised "anti-espionage law," but the crime of espionage in the broad sense of Articles 110 and 111 of the "Penal Code."
2. Understanding the four differences between the crime of espionage in the narrow sense of Article 110 of the Penal Code and the crime of stealing, searching for, bribing, or illegally providing state secrets or information for purposes outside the country's borders, Article 111.
Episode 6 (Advanced Edition Part XNUMX)
1. Significance of Article 110, Item XNUMX of the Penal Code, “Spy organizations and their agents”
2. Significance of the same article, “Accepting the mission of a spy organization or its agent”
3. Significance of the act of “stealing, searching for, purchasing, or illegally providing state secrets or information” common to Articles 110 and 111 of the Penal Code
4.Practical considerations to prevent Japanese expatriates from being criminally prosecuted for espionage in a broad sense
Episode 7 (Advanced Edition Part XNUMX)
1. The scenery behind the revised anti-espionage law and the criminal law to expedite the prosecution of broadly defined espionage crimes - the fierce battle between the United States and China over China's Western-style democratization
2. A group of laws including the important policies of "comprehensive national security" and "national governance by law" and the revised "anti-espionage law" that embodies these policies.
3. Western European-style human rights ideology that is based on the idea of ​​innate human rights vs. Chinese-style human rights ideology that denies the idea of ​​innate human rights.