The newly revised "Anti -Spy Law" will be implemented from July 1, 2023。This revision expanded the scope of the spy secret object,Article 4 of the Law will "other documents that are related to national security and interests、Data、Information、Items "into the category of the object of theft,This undoubtedly brought challenges to the supervision of foreign statistical investigation and regulations。
According to the provisions of the "Statistics Law" and the assignment regulations,Corresponding qualifications for foreign -related statistical surveys。Overseas Organization、Individuals should entrust institutions with foreign -related statistical surveys in my country for statistical survey activities。Any organization、Personal must not conduct the "Step、Stabbing、Buy、Leaks state secrets or information,Harmly National Security、"Foreign Statistics Survey that harms national interests。Because the "Anti -Spy Law" broadcasted the definition of the definition of secrets,Regulatory authorities are organizing organizations in foreign countries in my country、Personal,Especially for foreign investment、commissioned、Fund、Statistical survey activities of cooperation need to be prudent。
In recent years,The state's supervision of information and data security is increasingly valued,But there are still many problems in practice to be solved urgently,For this, the following measures should be taken。
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Foreign -related statistical survey is an important bet365 Play online games part of folk statistical survey,The voluntaryness of both folk statistical surveys、Timely、Purpose and other attributes,But it also has its own unique attribute。Statistical survey is mainly collected by data、Finishing analysis、Three steps of information consultation。The above three steps of the foreign -related statistics may be implemented by different subjects in different areas,Have cross -regional,This brings challenges to supervision。other,Foreign -related statistics survey consultation、Information data may also involve the provisions of multiple departmental laws and rules and regulations。For example,Stolen、Stabbing、Buy、Leaks state secrets or information,Harmly National Security、Foreign -related statistical survey behavior that harms national interests,May also violate the "Administrative Measures for Foreign Investigation", "Criminal Law", "Anti -Spy Law", "Data Security Law", "Conservative State Secret Law",illegal acts and spy behavior due to foreign statistics survey、Leaks State Secret、There is a coordination between the violations of national sovereignty and security。
to this day,my country has not yet issued a special laws and regulations on private statistical surveys。According to Article 49 of the "Statistics Law" revised in 2009: "Administrative Measures for Civil Statistics Investigation,Formulated by the State Council。"",After the implementation of the Statistics Law,The "Administrative Measures for Foreign Investigation" promulgated in 2004 as the department rules urgently need to improve the level,To comply with laws and regulations。On the other hand,We must focus on foreign companies and their branches、Representative bet365 Play online games agencies and related foreign investment、commissioned、Fund、Statistical survey activities of cooperation define the legality classification,Make clear stipulation。
Use the rule of law thinking to identify foreign facts
Foreign -related facts of folk statistical survey activities,It is a process of evidence to find foreign facts,belongs to the category of the program,Among them, two problems involved。
First, whether it is foreign -related questions。In supervision practice,Known "A statistical survey project related information、The result is provided to relevant organizations in my country、Personal ",Many regulators simply determine that it belongs to the category of ordinary folk statistical survey activities,I do n’t know that it implies the risk of foreign -related legal supervision。For example,A certain overseas organization、Individuals to obtain sensitive information data in my country through the intermediate media (organization or individual) in our country,The intermediate media also entrusted relevant institutions in my country to conduct statistical surveys,Statistics survey information、As a result, the intermediate media provided to overseas organizations、Personal,The above situation is an indirect and foreign statistical survey。So,Whether the direct object provided by provided has an external nature and whether the investigation itself is ultimately out of external nature。
The second is the question of whether foreign -related foreign -related。When we talk about the word "foreign -related",Hidden two layers of meaning behind: Legality Foreign -related and illegal abroad。In supervision practice,Many regulators only need to find overseas organizations、bet365 Play online games Individuals do it directly in our country、Participate in statistical surveys,If the private statistical investigation agency (project) is not approved,Just determine its illegal。Confucianism theory according to law,According to the subject of the law、Behavior and space, etc.,Laws have general regulations and special regulations。The Statistical Law and the implementation regulations have just made general regulations on foreign -related statistics surveys,It does not mean any overseas organization、Individuals do it directly in our country、Statistical survey activities participating in any form of statistical survey is illegal。For example,Approved by the Chinese government,Branch and permanent representative agencies established in our country can conduct market surveys related to its business。The above branches、The permanent representative agency shall be in accordance with the relevant industry laws and regulations,Market surveys related to the foreign organization business,Different is that branches conduct market surveys can be profitable,The market research conducted by the representative agency is often non -profitability。Another example,"Foreign Investment Law" established a mode of national treatment plus a negative list before the implementation of foreign capital,Matters listed in the negative list need to be approved,Anyone outside the negative list,Enjoy the same treatment as domestic enterprises。So,Foreign -invested enterprises when they meet certain conditions,You can conduct legal statistical survey activities in our country。
Introducing penetrating supervision mode
penetrating supervision bet365 live casino games mode originated from financial supervision,Its essence is according to the principle of "essence more than form",See the substance of the business through the surface shape of financial products,Source of the funds of the product、The intermediate link and the final direction to penetrate,Doding the essential attributes of products and business,The corresponding clear regulatory rules are applicable。
The final cross -border transmission of data information,often accompanied by cross -border flow of funds,and the foreign -related involvement of funds often means foreign -related subjects,that is, or the main body of the behavior of the behavior,or the final survey data and the result of the converter's foreign -related。Especially for foreign investment、commissioned、Fund、Statistical investigation supervision of cooperation,More need to penetrate to understand its shares、Equity、property share or other sources and compositions of similar equity,Therefore, define whether it is qualified to invest or participate in the relevant statistical survey industry area。So,Foreign -related statistical survey information provider must carefully implement the "Anti -Spy Law" compliance obligations on fulfilling anti -spy security prevention,According to the relevant provisions of the Data Security Law,Compliance review of the identity of the trader,Reserved audit、transaction records,to reduce illegal risk。
Strengthening departmental information cooperation sharing
With the development of global integration,Foreign -related statistical surveys will become more and more diverse,It is presented in all areas of society。Each industry or field due to its particularity,There are corresponding legal provisions、Regulatory department and regulatory behavior mode。Current,Bet365 app download "Data Security Law" clearly establish a data classification and classification protection system。For national security、National Economic Life pulse、Important people's livelihood、Core statistical survey data such as major public interests,Statistics department must strengthen departmental information cooperation and sharing,Realization and national security、Secret、Business、City Supervision、Tax、Finance、Cultural and other competent departments of information interconnection,Breaking information barriers,Avoid each other as a war。
For example,According to Article 15 of the Intangible Cultural Heritage Law,Overseas organizations cooperate with academic research institutions of intangible cultural heritage in my country,You can directly participate in the intangible cultural heritage survey activities,And the overseas individuals can directly carry out an independent independent and independent survey of intangible cultural heritage in my country。In the supervision of statistical surveys in the field of intangible cultural heritage,Statistics department as statistical investigation supervision,You can take the lead or unite with the competent department of intangible cultural heritage to establish a sound information sharing mechanism。Use modern information technology to master the dynamic information of the statistical survey agency of intangible cultural heritage in the real time,Maintain national sovereignty and security,Specific and promoting the development of foreign -related statistical survey industries。
(the author is the director of the General Office of the School of Literature of the School of Literature of Nanjing Xiaozhuang College; Deputy Director of the Policy and Regulations Division of the Jiangsu Provincial Bureau of Statistics)
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