Chinese Ministry of State Security

In response to false remarks that China's revised Counter-Espionage Law is a "generalization of national security," China's Ministry of State Security on Monday refuted the claim, calling it a despicable trick of measuring others by their own yardsticks and an act of "a real thief yelling 'stop thief.'"

Chinese lawmakers in April voted to adopt a revised Counter-Espionage Law, which took effect on July 1. It refines the definition of espionage, specifying acts such as carrying out cyber-attacks against state organs, confidential organs or crucial information infrastructure as acts of espionage. 

The domestic and international communities have paid close attention to the revisions, with the majority of voices respecting and supporting China's legitimate legislative activities. However, there are also some instances of misunderstanding and even malicious smears, claiming that China is engaged in the "generalization of national security" via frequent amendment of the law, according to the ministry. 

The revision marks the first revision and improvement within 30 years. The National Security Law of 1993 was the first law in China to stipulate that state security organs perform the duties of safeguarding national security, particularly counter-espionage duties. The National Security Law of 1993 was renamed the Counter-Espionage Law in 2014, and its main contents have not been adjusted since, said the ministry.

The revised Counter-Espionage Law in 2023 is a necessary supplement to the original law. Over the past 30 years, changes have taken place in the international and domestic security situation. In particular, espionage activities against China have become serious and complex, with the subjects of various types of espionage activities becoming more complex, the fields more extensive, the targets more diverse and methods more hidden, according to the ministry. 

The revision of the Counter-Espionage Law was conducted based on the current complex international environment for espionage activities, which adheres to the basic elements and requirements for safeguarding national security, Li Wei, a researcher with the China Institutes of Contemporary International Relations, told the Global Times on Monday. 

Based on the espionage cases disclosed by Chinese security authorities, targeted subjects include employees from military enterprises, said Li. 

The original Counter-Espionage Law faced problems such as an unclear definition of espionage, and prevention mechanisms, law enforcement measures, and legal responsibilities all needed to be improved and clarified. There was an urgent need to make necessary amendments and improvements to adapt to the changing situation, and establish a more scientific and reasonable counter-espionage legal system, the ministry said.

It is also a common practice for countries to revise counter-espionage laws in stages. The US has revised its counter-espionage laws more than 10 times. In 1917, the US enacted the Espionage Act, which was amended in 1918, 1933, 1940, 1950, 1961, and 1970, constantly expanding the scope of the law and increasing legal liability, according to the ministry.

China firmly opposes the politicization, weaponization and generalization of security, economic, trade, scientific and technological issues. In recent years, under the guise of the "rule of law" and under the cloak of "national security," the US has suppressed normal economic and trade exchanges, academic exchanges and scientific research activities, and concocted so-called Chinese espionage cases, said the ministry.

In December 2021, the MIT Technology Review pointed out that since 2018, when the US Department of Justice launched the "China Initiative," nearly 90 percent of the 77 cases have been against people of Chinese heritage, and a large number of cases were not or could not be closed.

"This is resulting in a brain drain from and distrust toward the United States, which is counter-productive to national security," the MIT Technology Review article said.

The US and some other Western countries are really abusing the concept of national security, while China, in terms of counter-espionage, has publicly disclosed cases that are indeed related to foreign institutions conducting espionage activities against China, said Li.

A concerning espionage case uncovered by Chinese national security organs was revealed through media reports on Sunday, involving a US intelligence agency's efforts to recruit a Chinese scientific researcher studying in the US. The case exposed foreign intelligence assets planted by the US in China's key defense military institutes.