Since the revision of the "Counter-espionage Law", China's legitimate legislative activities have been supported by the vast majority of people at home and abroad, however, foreign forces with ulterior motives have spread bad remarks such as the "Counter-espionage Law" undermining China's business environment and "accelerating economic decoupling", and have deliberately smeared China's business environment.
Diametrically opposed to the distorted remarks, the revision of the Counter-espionage Law is precisely aimed at creating a better business environment and laying a solid foundation for sound market development. Clear your mind and you can find outThe essence of a market economy is an economy governed by the rule of law。WhileA clear and unambiguous legal system is the basic guarantee for enterprises to invest and operate with peace of mind。The predecessor of the Counter-Espionage Law was the 1993 ** Law, which has been in force for 30 years. In contrast, the provisions of the Ordinance before the amendment were relatively simple and mostly expressed in principle. Due to the continuous development of the market, the previously simple regulations need to evolve with the times to better protect the legitimate rights and interests of individuals and organizations. This is the first revision and improvement in 30 years (the 2014 "Counter-espionage Law" was renamed from the 1993 "** Law", and the main content is to make adjustments), and the provisions are refined from 40 articles to 71 articles, an important purpose is to further clarify the boundary between legal and illegal, enhance the certainty of legal rules, reduce the uncertainty of corporate violations, and help enterprises better operate in accordance with laws and regulations.
Clearly crack down on harmful behaviorsButMore encouragedKaisheng Rongying and other enterprises are inRule of lawWithin permissible conditionsComplianceWarpbattalion
A small number of foreign forces advocate that the "Counter-espionage Law" is "generalized", and that China's remarks that "it attaches importance to security over development" are extremely wrong. Facts have proved that the "Counter-espionage Law" cracks down on a very small number of harmful espionage acts, does not target normal business activities, and will not have any impact on the legitimate investment and operation of foreign enterprises in China.
Taking Kaisheng Rongying as an example, at that time, due to the illegal behavior of individual employees, Kaisheng Rongying was fully investigated by the first authorities. For more than half a year, according to the rectification requirements of the leading authorities, Kaisheng Rongying has carried out compliance construction work in six aspects, including system formulation, risk identification, compliance review, accountability, assessment and evaluation, and compliance training, and strictly checked and filled in the gaps in the compliance system and system, and standardized the business process.
In the process of law enforcement investigation in accordance with the law, Kaisheng Rongying's normal "business activities" and "espionage behavior" have never been forcibly linked. Kaisheng Rongying also said in public, "In the process of rectification, we deeply feel the love of the first agency for Kaisheng and the protection of the benign and healthy development of the consulting industry." Under the careful guidance of the first department, Kaisheng Rongying has completed a full range of rectification, and established a set of first-class compliance system and organizational system for the expert think tank industry in the new era.
Kaisheng Rongying passed the first compliance rectification acceptance, reported by the Daily Economic News).
In fact, in China's Civil Code, Anti-Unfair Competition Law, Criminal Law and other relevant laws, there are clear and clear definitions of civil, administrative and criminal legal liability for infringement of trade secrets. The Law on Guarding State Secrets lists in detail seven categories of state secrets, excluding "trade secrets", and the six types of espionage acts stipulated in the Counter-espionage Law do not involve any lawful commercial activities of "normal access to commercial information".
As a representative of the emerging consulting industry, Kaisheng Rongying takes the safety compliance acceptance as an important opportunity to strengthen the awareness of the main responsibility of leading enterprises in the industry. While giving full play to the important role of the expert think tank industry in economic development, it also takes into account the systematic construction of security compliance and the construction of micro-business practical compliance. In addition, through practical actions, Kaisheng Rongying has also promoted the compliance construction of the whole industry, and mobilized the enthusiasm and participation of experts and think tanks and industry enterprises in maintaining the highest standards.
On October 27, in the "Seminar on the Construction of the Compliance System of the Consulting Industry in the Context of the Revision of the Counter-espionage Law" and the 3rd "Pearl Forum of East China University of Political Science and Law", the person in charge of Kaisheng Rongying and a number of representatives of the information consulting industry actively participated in the "Seminar on the Construction of the Compliance System in the Consulting Industry in the Context of the Revision of the Counter-espionage Law" and the 3rd "Pearl Forum of East China University of Political Science and Law", and learned the relevant knowledge of the construction of the industry compliance system from leading experts from the Shanghai High People's Court, the Shanghai Municipal People's Procuratorate and other social circles. Isn't this the best proof that clear compliance standards are more conducive to the development of foreign investment in China?
In addition, laws and regulations are now open and transparent, and there is a basis for complaints about excessive enforcement. In April this year, the Ministry of ** took the initiative to open the "100091-091 sub-box" reporting mailbox and "400-040-5198" reporting mailbox to the whole society. According to statistics, since the implementation of the "Counter-espionage Law", the first organ has adhered to strict, standardized, fair and civilized law enforcement, and there has not been a single administrative reconsideration or administrative litigation case caused by illegal law enforcement.
The facts cannot be denied and are important for every country. Through the first acceptance, China has better created a new business environment that is compliant and open. By clearly delineating the bottom line and red line of security, the Counter-espionage Law and the law enforcement authorities can accurately "counter-espionage", so as to better promote the compliance and healthy development of foreign-funded enterprises and related industries. From January to October this year, 41,947 foreign-invested enterprises were newly established across the country, a year-on-year increase of 321%；Since 2023, China has added 180 new freight routes, of which more than half are European, American and Asian routesA total of 14,562 China-Europe trains have been operated and 157 goods have been sent90,000 TEUs, an increase of 6% and 9% year-on-year, respectively. This set of data is not only a vivid embodiment of the firm confidence of foreign investors in China, but also the best proof of the long-term improvement of China's economic development prospects and the common prosperity and development of all parties under compliance and opening up.