Recently, the Chinese Ministry of State Security (MSS) issued procedural regulations for handling cases, involving both administrative law enforcement and criminal cases. Human rights lawyers pointed out that these regulations conflict with relevant articles and China’s own Criminal Procedure Law, raising suspicions of expanded powers and self-interpretation.
On April 26, Minister of the Chinese MSS, Chen Yixin, issued the “Regulations on Administrative Law Enforcement Procedures of National Security Agencies” and the “Regulations on Procedures for Handling Criminal Cases by National Security Agencies.” These are the first publicly disclosed enforcement and case handling procedures by the MSS, set to take effect on July 1 this year.
The full texts of the two regulations released by the Chinese MSS consist of 7 chapters and 140 articles for administrative law enforcement procedures, including questioning suspects, obtaining documents and electronic data, as well as requirements for sealing, seizing, freezing assets of those involved, and executing administrative penalties. The regulations for handling criminal cases consist of 11 chapters and 360 articles, outlining procedures for executing summonses, providing bail, house arrest, arrest and detention, among other coercive measures.
Exiled Chinese human rights lawyer Wu Shaoping told Radio Free Asia that the new regulations are merely departmental laws regulating the work of national security. However, all aspects in China are now related to national security, implying that the MSS is expanding its departmental power nationwide, with suspicions of self-interpretation beyond the scope of the National People’s Congress.
Wu Shaoping stated, “For example, Article 28 is actually in conflict with the Criminal Procedure Law. In the Criminal Procedure Law, a crime suspect can remain silent, but the MSS regulations change this provision. You must answer truthfully, which violates superior laws. This is a typical way of stealthily adding powers to oneself. With this ‘magic sword,’ national security personnel can coerce confessions when suspects remain silent, resorting to torture and brutality, all under the guise of national security to deprive and violate human rights.”
Wu Shaoping pointed out that in the new regulations for criminal cases, the MSS has expanded the scope of illegal activities to include actions taken by Chinese citizens abroad, essentially extending their authority beyond national borders.
He added, “If a Chinese citizen leaves mainland China, goes to another country, and speaks out against the Communist Party, exposes scandals, or reveals what the Party considers secrets, if this citizen returns to China one day, the MSS can arrest them. In effect, through these articles, the Chinese government is extending its reach beyond the borders and targeting overseas Chinese with its authority.”
Independent Chinese political scholar Chen Daoyin stated that in Article 9 of the “Regulations on Administrative Law Enforcement Procedures,” the MSS is empowered to infiltrate various organizations to implement anti-espionage security measures, breaking the previous practice of the MSS not intervening in civil organizations. This expansion of national security powers allows them to penetrate all levels of society to combat espionage effectively. In a sense, this is a legal response to the current nationwide anti-spy campaign.
The once secretive MSS has become increasingly high-profile in recent years. In July 2023, the MSS launched a public account for the first time and made bold statements on diplomatic and financial issues. Subsequently, the Chinese government pressured foreign consulting firms, conducting sudden inspections at multiple companies and detaining employees.
On April 9, the MSS announced that its personnel enjoy special privileges in emergencies, including not having to purchase tickets and being able to take public transportation as a priority.
China expert Wang He stated on April 10 that the current political situation in China is unstable, prioritizing regime security and greatly enhancing the importance of the MSS. Seizing the opportunity, the MSS is using various means to demonstrate its significance.
“It has started to intervene in various fields, such as finance. In the past, conflicts between the public security bureau and the China Securities Regulatory Commission had long been resolved. By the MSS intervening in finance, it exacerbates conflicts with many departments. Because of this escalation, the MSS must emphasize its priority. It is now shaping public opinion. It seems that the political situation in China is heading towards a malignant development.”