The The 20th National Congress of the Communist Party of China（CPC） report pointed out that it is necessary to improve the national security legal system and enhance the ability to safeguard national security. As an important part of national security legislation, secrecy legal work plays an important role in safeguarding national security and interests.
Confidentiality clause in law
1, in principle
People's Republic of China (PRC) science and technology progress law
Article 106 stipulates that the state practices the system of scientific and technological secrecy, strengthens the capacity building of scientific and technological secrecy, and protects scientific and technological secrets involving national security and interests. ?
Article 107 stipulates that scientific and technological research, development and application activities that endanger national security, social interests and human health and violate scientific research integrity and scientific and technological ethics are prohibited.
2. Mandatory provisions
People's Republic of China (PRC) Law on Combating Organized Crime
Article 74 stipulates that relevant departments, units and individuals shall keep confidential the state secrets, business secrets and personal privacy they have learned in the fight against organized crime. Anyone who divulges state secrets, business secrets and personal privacy in violation of regulations shall be investigated for legal responsibility according to law.
People's Republic of China (PRC) Futures and Derivatives Act
Article 108 stipulates that the staff of the State Council futures regulatory agency shall act according to law, be loyal to their duties, be fair and honest, keep state secrets and commercial secrets of the parties concerned, and shall not seek illegitimate interests by taking advantage of their positions.
People's Republic of China (PRC) Anti-Telecommunication Network Fraud Law
Article 5 stipulates that relevant departments, units and individuals shall keep confidential the state secrets, business secrets, personal privacy and personal information they have learned in the process of anti-telecommunication network fraud.
3. Special provisions on publicity
People's Republic of China (PRC) Civil Procedure Law
Article 7 1 stipulates that evidence shall be presented in court and cross-examined by the parties. Evidence involving state secrets, commercial secrets and personal privacy shall be kept confidential. If it needs to be presented in court, it may not be presented publicly. ?
Article 137 stipulates that the people's courts shall try civil cases in public, except those involving state secrets, personal privacy or otherwise provided by law. ?
Article 159 stipulates that the public may consult legally effective judgments and rulings, except those involving state secrets, commercial secrets and personal privacy.
People's Republic of China (PRC) Audit Law
Article 40 stipulates that audit institutions shall keep state secrets, work secrets, business secrets, personal privacy and personal information, and abide by laws, administrative regulations and relevant provisions of the State Council.
People's Republic of China (PRC) Ombudsman Act
Article 48 stipulates that after leaving the post, the supervisor shall abide by the provisions on the management of confidentiality period, strictly perform the confidentiality obligation, and shall not disclose relevant secrets.
Confidentiality provisions in administrative regulations
1, mandatory
Regulations of People's Republic of China (PRC) Municipality on the Implementation of Customs Administrative Punishment
Article 34 stipulates that if the evidence investigated or collected involves state secrets, commercial secrets or personal privacy, the customs shall keep it confidential.
2. Prohibitive clauses
Regulations of People's Republic of China (PRC) Municipality on the Implementation of Customs Administrative Punishment
Article 34 stipulates that if the evidence investigated or collected involves state secrets, commercial secrets or personal privacy, the customs shall keep it confidential.
Regulations on the administration of security services
Article 22 stipulates that key units of public security, such as national security and state secrets, determined by local people's governments at or above the municipal level with districts shall not employ foreign-invested security service companies to provide security services.