China's Legal Framework and Measures for Counterterrorism

White Paper

China's Legal Framework and Measures for Counterterrorism

(January 2024)

The State Council Information Office of
the People's Republic of China

China's Legal Framework and Measures for Counterterrorism

Contents

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Terrorism is the common enemy of humanity, posing a grave threat to international peace and security, and representing a challenge to all countries and all of humanity. All members of the international community share the responsibility to fight it.

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I. An Improving Legal Framework for Counterterrorism

Headed by the UN, its specialized agencies, and some other international organizations, the international community has formulated 13 global counterterrorism conventions since the 1960s, demonstrating its position and attitude on counterterrorism.

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II. Clear Provisions for the Determination and Punishment of Terrorist Activities

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.

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III. Standardized Exercise of Power in Fighting Terrorism

Chinese law distinguishes between administrative and criminal offenses that constitute terrorist activity, and stipulates different procedures for their handling. Administrative penalty procedures apply in cases of unlawful terrorist activities, while criminal procedures apply in cases of criminal terrorist activities.

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IV. Protection of Human Rights in Counterterrorism Practices

China respects and protects human rights as an underlying principle in improving its legal framework and practices in the field of counterterrorism. It integrates the punishment of terrorist activities with the protection of human rights.

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V. Effective Protection of People's Safety and National Security

China carries out counterterrorism work in accordance with the law. By balancing security and stability with social development, it continues to increase its capacity to prevent and combat terrorism and eradicate its ideological foundation. China has thus heightened the people's sense of security, defended national security, and contributed to regional and global security and stability.

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Different paths can lead to the same end, and consensus can be reached despite varied concerns. Counterterrorism must be on the right side of the rule of law, a principle widely acknowledged by the international community. Due to different political systems, legal institutions, and cultural traditions, different countries are confronted with different forms and manifestations of terrorism, and are thus applying different legal practices in combating terrorism.