The national security laws of China define national security as the current and foreseeable general lack of danger or threats to the regime, sovereignty, national unity, and general welfare. Contemporary policymakers in China argue that national security is essential to China’s rise, long-term prosperity, and the stability of both the Communist Party and the nation.

In addition to state security, national security law identifies 20 elements of national security, including homeland, economic, food, environmental, and data security.

This 21st-century ideology about national security stems from the experience of the “Century of Humiliation” in the 19th century, during which China faced both domestic chaos and foreign invasion. The China Institute of International Relations builds on this concept by defining national security as a fundamental national interest characterized as safety from external threats and domestic disorder.

Law

The National Security Law of the People’s Republic of China was enacted under constitutional authority with the stated goals of firstly ensuring popular control over government and the socialist system, and secondly protecting the general welfare by providing a safe environment for continued policy liberalization and economic prosperity.

Comparative Law

During the early 1980s, the existing police agency in China was split between a Ministry of Public Safety and a Ministry of National Security (called the “Ministry of State Security” in China English, but its mission is much broader than protecting the state). The national security ministry has unified jurisdiction over all national security matters, whereas in the United States, there is no unified national security department, and moreover, clandestine and covert operation personnel cannot legally operate on U.S. soil. Reports of threats to national security in the United States are investigated under the jurisdiction of the Department of Justice’s  National Security Division through its component agency, the Federal Bureau of Investigation. In China, as indicated on the government’s website (https://www.12339.gov.cn/), threats to national security are reported directly to the MSS.

Further Reading

See our comprehensive resources on China’s Foreign Investment Law. and an overview of FDI regulation in our Foreign Investment Law FAQ.

Translation Guide

See: 国家安全