AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback]

Laws of the People's Republic of China

You are here:  AsianLII >> Databases >> Laws of the People's Republic of China >> INTERIM PROVISIONS GOVERNING THE MANAGEMENT OF THE COMPUTER INFORMATION NETWORKS IN THE PEOPLE'S REPUBLIC OF CHINA CONNECTING TO THE INTERNATIONAL NETWORK

[Database Search] [Name Search] [Noteup] [Help]


INTERIM PROVISIONS GOVERNING THE MANAGEMENT OF THE COMPUTER INFORMATION NETWORKS IN THE PEOPLE'S REPUBLIC OF CHINA CONNECTING TO THE INTERNATIONAL NETWORK

Category  PUBLIC SECURITY Organ of Promulgation  The State Council Status of Effect  With An Amendment Existing
Date of Promulgation  1996-02-01 Effective Date  1996-02-01  

Interim Provisions Governing the Management of the Computer Information Networks in the People's Republic of China Connecting to the International Network





(Adopted at the 42nd Executive Meeting of the State Council on January 23,

1996, promulgated by Decree No.195 of the State Council of the People's
Republic of China on February 1, 1996)(Editor's Note: For the revised text,
see Decision of the State Council Regarding the Revision of the Interim
Provisions Governing the Management of the Compter Information Networks in
the People's Republic of China Connection to the International Network
promulgated on May 20, 1997, and effective as of the same date)

    Article 1  These provisions are formulated for the purpose of
strengthening the control on the computer information networks connecting to
the international network, safeguarding the healthy development of
international computer information exchange.

    Article 2  Any computer information networks connecting to the
international network within the territory of the People's Republic of China
shall be complied with these provisions.

    Article 3  The meanings of the following terms occurred in these
provisions shall be:

    (1) computer information networks connecting to the international
network (hereinafter called as international connection) means that the
connection of the networks between the computer information network within
the territory of the People's Republic of China and the computer information
network abroad, for the purpose of realizing international exchange of
information.

    (2) interconnection network means that the computer information network
with which the international connection is processed directly;
mutually-connected organization means the organization which is responsible
for the operation of the interconnection network.

    (3) input network means that the computer information network with which
the international connection is processed through joining the interconnection
network; input organization means the organization which is responsible for
the operation of the input network.

    Article 4  The State carries out the principles of overall planning,
unified standard, managing by different levels and promoting the development
on the international connection.

    Article 5  The Leading Group of Economy Informationizing under the State
Council (hereinafter called as the Leading Group) shall be responsible for
coordinating and resolving the key problem concerning the international
connection.

    The office of the Leading Group shall formulate the detailed
administrative measures according to these provisions, make clear the rights,
duties and responsibilities of the supply organizations of international
access and exit information channel, mutually-connected organizations, input
organizations and users, and be responsible for the inspection and supervision
on the work of international connection.

    Article 6  If a computer information network is to be connected to an
international network, the international access and exit information channel
provided by the state public telecommunication net under the Ministry of Post
and Telecommunication shall be used.

    Any organization or individual shall not establish or use other
information channel to undertake international connection by itself or
himself.

    Article 7  The established interconnection network shall, adjusted
according to the concerning provisions of the State Council, be managed by the
Ministry of Post and Telecommunication, Ministry of Electricity Industry,
State Commission of Education and China Science Academy respectively.

    The establishment of a new interconnection network shall be approved by
the State Council.

    Article 8  The input network shall be internationally connected through
the interconnection network.

    The organization which wants to establish an input network shall report
to the competent authority or organization for examination and approval; when
going through the examination and approval procedure, it shall provide the
materials such as the nature and application scope of its computer information
network, and the address of main engine it needs.

    Article 9  The input organization shall satisfy the following
requirements:

    (1) it shall be a legal person as enterprise or as institution established
according to the law;

    (2) it shall have relevant computer information network and facilities,
and relevant technicians and management personnel;

    (3) it shall have complete safety and confidential management system and
technical protection measures;

    (4) other requirements satisfied with the provisions by law and the State
Council.

    Article 10  If any computer or computer information network used by an
individual, legal person or other organization (hereinafter called as user)
is needed to be internationally connected, it shall be internationally
connected through input network.

    If the computer or computer information network prescribed in the
preceding paragraph is needed to join the input network, it shall be agreed
by the input organization and registered.

    Article 11  The supply organization of international access and exit
information channel, mutually-connected organization and input organization
shall establish relevant network management center, strengthen the management
on itself and its users according to the concerning provisions by the law and
the State Council, improve the safety control of the network information and
ensure to provide the users the good and safe service.

    Article 12  The mutually-connected organization and input organization
shall be responsible for the technical training and management education of
itself and its users concerning international connection.

    Article 13  Any organization or individual engaged in business of
international connection shall comply with the relevant laws and
administrative regulations of the State, carry out strictly the safety and
confidential system, he shall not take advantage of international connection
to conduct criminals such as endangering the state safe, leaking the state
secrets, and shall not produce, look up, copy or expend the information such
as obstructing the social public security, obscene and lust.

    Article 14  Anyone violates against the provisions of Article 6, 8 or 10
of these provisions shall be disposed of warning, circulating a notice of
criticism or ordering to stop net connection, and may be disposed in addition
of a fine below 15000 Yuan by the public security department or by the
public security department according to the opinion of the supply
organization of international access and exit information channel,
mutually-connected organization and input organization.

    Article 15  If any violation against these provisions breaks other
corresponding law or administrative regulation, it shall be punished according
to the corresponding provisions of the law or administrative regulation; if it
constitute a crime, the criminal responsibility shall be investigated and
pursued according to the law.

    Article 16  The connection of the computer information network with
Taiwan, HongKong and Macau shall be carried out in reference to these
provisions.

    Article 17  These provisions shall come into force from the date of
promulgation.



AsianLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.asianlii.org/cn/legis/cen/laws/ipgtmotcinitproccttin1488