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The Impact of China's National Security Legislation
on Personal Freedoms (2014-2018)
Xi Jinping,National Security,Legislation relating to national security,Personal Freedoms,
|Publication Year :||2019|
Since Chinese leader Xi Jinping took office in 2012, he emphasized the need to 'achieve the Chinese dream of the great rejuvenation of the Chinese nation', as well as to 'improve the national security strategy and working mechanism, to be highly vigilant, and to resolutely guard against hostile forces that seek to engage in separatist, infiltration, and subversive activities so as to ensure national security'.
In 2014, the Central Committee of the Communist Party of China set up the National Security Commission (NSC). At the first meeting of the Central Committee, Xi first called for 'an overall national security concept', the implementation of a 'national security system with Chinese characteristics', and also sought to actively push for the strengthening and enacting of laws relating to national security. This demonstrates that the Chinese Communist Party, through its adjustment and fine-tuning of the national security concept, is implementing a national security system that is more holistic and beneficial to the leadership of the Communist Party of China, so that it may maintain its political power and grip.
This thesis mainly examines both the concepts of national security and human rights in China from the perspective of a constitutionally democratic country; at its core, this thesis observes the evolution of the national security concept with China's political security, along with changes in China's legislation relating to national security.
Focusing on the years from 2014 to 2018 of Xi's reign, this thesis examines the following legislations relating to national security: 'National Security Law of the People's Republic of China', 'Anti-Espionage Law of the People's Republic of China', 'Anti-Terrorism Law of the People's Republic of China', 'Law of the People's Republic of China on the Administration of Activities of Overseas Non-Governmental Organizations within the Territory of China', 'The Cybersecurity Law of the People's Republic of China', 'National Intelligence Law of the People's Republic' et al., and how such legislations which grant authority to various agencies such as the public security organs, the state security organs, procuratorates and the courts, have altered these agencies' powers which in turn affect citizens' rights and obligations.
Moreover, this thesis also analyzes certain representative cases where the Chinese Communist Party utilizes law enforcement agencies to restrict the personal freedoms of both Chinese and foreign individuals in the name of national security. Such case examples only highlight the stark discrepancies between China's legislations relating to national security when compared to international human rights conventions and universally-accepted societal values.
Finally, by comparing the evolution of legislations relating to national security in the United States and that of Taiwan, this thesis highlights the differences in national security objectives and legal systems between democratic countries and mainland China.
|Appears in Collections:||國家發展研究所|
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