Photo: CFP

China on Tuesday released a white paper on its legal framework and measures for counter-terrorism, which sums up the characteristics of its counter-terrorism efforts over the past decades and exploration of the path of law-based counter-terrorism work. 

This white paper released on Tuesday is China's first systematic exposition of the legal system and practice of its counter-terrorism work, which will help the outside world gain a comprehensive understanding of the country's counter-terrorism legislation and practices. It will also help dispel disinformation and refute rumors, especially on China's counter-terrorism efforts in its Xinjiang Uygur Autonomous Region, analysts said. 

The seven-part white paper, which was released by the State Council Information Office on Tuesday, is titled "China's Legal Framework and Measures for Counter-terrorism." In the preface, it expounds on the necessity of counter-terrorism legal governance and outlines the framework for implementing counter-terrorism legal governance construction.

In the main body, the white paper reviews the improvement of the legal framework concerning efforts in counter-terrorism in China, expounds on the clear provisions for determination and punishment of terrorist activities, shows how individuals' human rights have been protected in accordance with laws during the counter-terrorism work, and displays the achievements of China's efforts in fighting terrorism. The white paper also presents cases to enhance readability.

As China's first white paper to systematically elaborate on China's legal framework and practices for counter-terrorism, it details the substantive legal basis, operation and supervision mechanisms, rights protection mechanisms in handling terrorist activities, as well as the achievements China has made in conducting counter-terrorism work in accordance with the law, Li Changlin, a professor from the Human Rights Institute School of Southwest University of Political Science and Law, told the Global Times. 

The release of the white paper will also help further clarify misunderstandings on China's counter-terrorism efforts, exposing the malicious intentions of those who distort the truth, Li said. 

Systematic exposition 

Besides the preface and conclusion, the white paper consists of five parts - "An Improving Legal Framework for Counter-terrorism," "Clear Provisions for the Determination and Punishment of Terrorist Activities," "Standardized Exercise of Power in Fighting Terrorism," "Protection of Human Rights in Counter-terrorism Practices" and "Effective Protection of People's Safety and National Security." 

While introducing the legal framework for counter-terrorism, the white paper noted that "Relying on more than 40 years of experience, China has gradually formed a counter-terrorism legal framework based on the Constitution. With the Counter-terrorism Law as the center-piece and the criminal laws and National Security Law playing major roles and other laws as supplements, it also covers administrative regulations, judicial interpretations, local regulations, and departmental and local government rules."

As a victim of terrorism, China has continuously attached great importance to law-based counterterrorism efforts and after a long exploration, it has gradually formed a comprehensive anti-terrorism legal framework. The white paper issued on Tuesday is a comprehensive introduction on China's approach to the issue and will help the public and those involved in the area to gain a deeper understanding of the anti-terrorism legal system, and thus clarifies how to safeguard national and social security, Wang Jian, an expert at the Institute of China's Borderland Studies at Zhejiang Normal University, told the Global Times. 

The framework related to counter-terrorism in China conforms to realities on the ground and also complies with relevant international conventions, the practical standards of most countries in counter-terrorism, and responds to the calls of the United Nations, said Wang. 

China's Xinjiang region is one of the main battlefields to fight against terrorism, analysts said, noting that the State Council Information Office released several white papers relating to counter-terrorism work in Xinjiang region and they mainly focused on counter-terrorism, de-radicalization, human rights protection, and vocational education and training.

Li told the Global Times that previous white papers on the Xinjiang region focused on showing the progress Xinjiang has made in terms of human rights protection. The white paper released on Tuesday is no longer limited to Xinjiang region, but eyes on the whole country, providing a more systematic exposition of China's counter-terrorism legal system. 

The white paper also uses one part to expound on the clear provisions for determination and punishment of terrorist activities. It noted that "Chinese law has clear provisions for the determination and punishment of terrorist activities. It distinguishes between administrative violations and criminal acts based on the degree of harm they cause, and affixes different legal liabilities accordingly."

The criteria for the determination of terrorism-related violations and penalties are stipulated in the Counterterrorism Law, and the criteria for the determination and punishment of terrorist crimes are stipulated in the Criminal Law, according to the white paper. 

While expounding on the determination of criminal terrorist activities, the white paper listed a case, which showed that between 2004 and 2010, a suspect surnamed Bai provided transfer, accommodation, and false identity certification for persons trying to leave China to conduct terrorist activities abroad, with full knowledge of their intentions. 

Bai's actions had serious consequences. The case was tried in a court in Henan Province, which ruled that Bai's actions constituted the crime of sponsoring terrorist activities, in accordance with the Criminal Law.

Rebuking disinformation 

Aside from detailing China's counter-terrorism measures in accordance with the law, the white paper also noted that China's counter-terrorism work also contributed to regional and global security and stability.

It added that China has joined 12 global counterterrorism conventions and facilitated the formulation of documents such as the Shanghai Convention on Combating Terrorism, Separatism and Extremism and the Shanghai Cooperation Organization (SCO) Member States Agreement on Border Defense Cooperation, playing an important role in maintaining international and regional security and stability. 

Terrorism is the number one enemy of human rights protection, and counter-terrorism is a global issue. China's counter-terrorism and de-radicalization measures, based on its own practical exploration, provide China's experience for global counterterrorism efforts and offer reference for combating terrorism worldwide, Duan Yangwei, a professor from the National Security School of Southwest University of Political Science and Law, told the Global Times. 

Taking Xinjiang as an example, through combating terrorism according to laws, there have been no violent terrorist incidents in many years, and the infiltration of religious extremism has been effectively curbed, ensuring the rights and interests of people from all ethnic groups, such as the right to life, health, and freedom, said Duan. 

However, some Western countries, led by the US, have attacked China's counter-terrorism efforts, especially in its Xinjiang region and spread disinformation to defame China's counter-terrorism work.

The white paper on Tuesday also noted in the conclusion part that some countries often disregard others' right to choose their own path of counter-terrorism under the rule of law and even interfere in others' internal affairs, and infringe on their national sovereignty under the pretext of defending the rule of law and human rights. 

These actions have severely hampered the global effort to fight against terrorism under the rule of law, weakened the foundations of cooperation, and reduced operational effectiveness, according to the white paper. 

Li said that some foreign media and personnel lack knowledge of China's legislation and they only speculate and judge China's legislation and practices based on their shallow understanding of their own country's laws and practices.

Some anti-China forces are fabricating disinformation on China's counter-terrorism work with malicious intention and spreading rumors, including those surrounding so-called "forced labor."

"This white paper will undoubtedly help foreigners who are willing to know more about China and help them see through those who maliciously distort facts about China," said Li.

China's counter-terrorism work conducted in accordance with the law not only respects and guarantees human rights in counter-terrorism, safeguards national security, public security, and the safety of people's lives and property, but also makes contributions to global and regional security and stability. The achievements made are obvious to all, said Li.