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BEIJING, Oct. 27 (Xinhua) -- China's top legislature started its
bimonthly meeting on Monday, with lawmakers considering draft laws and
amendments regarding death penalty, counterespionage and anti-terrorism.
The removal of death penalty as punishment for
nine crimes, including smuggling weapons and nuclear materials was among the
heatedly discussed topics.
A draft amendment to Criminal Law was submitted to
the Standing Committee of the National People's Congress (NPC) for a first
reading during the session, which runs from Monday to Saturday.
According to the draft amendment, the nine crimes
include smuggling weapons, ammunition, nuclear materials or counterfeit
currency; counterfeiting currency; raising funds by means of fraud; arranging
for or forcing another person to engage in prostitution; obstructing a
commander or a person on duty from performing his duties; and fabricating
rumors to mislead others during wartime.
After removing the death penalty for these crimes,
those convicted will face a maximum sentence of life imprisonment, according to
the draft.
The draft amendment is another move by China to
limit the use of the death penalty following a decision at a key meeting last
year to gradually reduce the number of crimes subject to death penalty, said Li
Shishi, director of the Legislative Affairs Commission of the NPC Standing
Committee.
If the proposal is adopted, it will be the second
time the People's Republic of China has reduced the number of crimes punishable
by death since Criminal Law took effect in 1979.
In 2011, the NPC Standing Committee dropped the
death penalty for 13 economic-related non-violent crimes.
The legislature also started the second reading of
a draft Counterespionage Law aimed at more comprehensive state security.
Formerly known as the National Security Law, the
draft law is expected to include new rules that have proven effective in
practice but have not yet been written into the current law, according to the
Law Committee of the National People's Congress.
According to the draft, "Counterespionage
work should proceed according to law, respect and ensure human rights, and
guarantee the legal interests of citizens and organizations."
Information and material obtained for
counterespionage work should only be limited in the field, and confidentiality
should be ensured regarding state and commercial secrets and personal privacy,
the draft says.
It also bans illegally possessing special
espionage instruments. The stipulation was added after lawmakers suggested that
electronic devices like smart phones can also be used in espionage.
The bill also specifies espionage's definition:
foreign organizations and individuals who conduct espionage activities or who
instigate and sponsor others in conducting them will be punished, as will
domestic organizations and individuals who spy on the country for foreign
organizations and individuals.
It grants national security agencies the authority
to ask an organization or individual to stop or change activities considered
harmful to national security. If they refuse or fail to do so, the agencies
will be entitled to seal or seize related properties.
Once the Counterespionage Law takes effect, the
National Security Law will cease.
China is also planning to set up an anti-terrorism
intelligence gathering center to coordinate and streamline intelligence
gathering in the field.
The draft counter-terrorism law aims to improve
intelligence gathering and the sharing of information across government bodies
and among military, armed police and militia, and enhance international
cooperation, said Lang Sheng, deputy head of the Legislative Affairs Commission
of the NPC Standing Committee.
Explaining the draft to lawmakers, Lang said China
is facing a serious and complex situation with terrorism, as it sees more
influence from "international factors."
The draft stipulates measures on Internet security
management, the examination of transport, dangerous materials, terrorism
financing prevention and border controls.
"Due to a lack of systematic laws in the
field, the country's antiterrorism work is incomplete, with measures not
forceful," Lang said, adding counter-terrorism provisions are scattered in
various NPC Standing Committee decisions, Criminal Law, Criminal Procedure Law
and Emergency Response Law.
Chinese lawmakers also plan to designate Dec. 4 as
the national Constitution Day amid efforts to advance the rule of law.
Nationwide activities to promote the Constitution
will be held on the date, according to the draft bill. China's top legislature
adopted the Constitution on Dec. 4, 1982 based on a previous version enacted in
1954.
During the bimonthly session, lawmakers will also
deliberate on a draft amendment to the Administrative Procedure Law, aiming to
expand the people's rights to sue the government if authorities fail to fulfill
contracts signed with citizens over land issues.
Heads of the charged administrations or officials
involved in the cases should be present at court for trial. Those who refuse to
appear without legitimate reasons or leave the court during the trial without
approval may face additional punishment, according to the draft amendment
submitted for a third reading.
Currently most defendants ask their lawyers or
other staff to represent them in court.
Also to be deliberated are various reports
covering issues such as regulating judicial acts in the court and procuratorate
systems, enforcement of Law on the Prevention and Control of Atmospheric
Pollution, the qualifications of some NPC deputies as well as some appointments
and dismissals.
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