The newly revised "Counterespionage Law" will take effect on July 1, 2023。This revision expands the scope of targets for spy stealing，Article 4 of the law refers to “other documents related to national security and interests”、data、Information、Items” are classified as secret theft objects，This undoubtedly brings challenges to the compliance supervision of bet365 offers。

Based on the Supplementary Provisions of the Statistics Law and its Implementing Regulations，Corresponding qualifications are required to carry out foreign-related statistical surveys。Overseas organizations、Individuals should entrust an institution in my country with foreign-related statistical investigation qualifications to conduct statistical investigation activities。Any organization、Individuals are not allowed to engage in "stealing" in Article 7, Item (3) of the "Measures for the Administration of Foreign-related Investigations"、Prying、Buy、Leaking state secrets or intelligence，Endangering national security、"Foreign-related bet365 offers that harms national interests。Because the "Counterespionage Act" broadens the definition of objects of secret theft，An organization engaged in foreign-related statistical investigations by regulatory authorities in my country、Individual，Especially for foreign investment、Delegation、Funding、Cooperative bet365 offers activities require more careful supervision。

In recent years，The state pays more and more attention to the supervision of information data bet365 offers，But there are still many problems that need to be solved in practice，The following measures should be taken for this purpose。

　　Improving the legislative level of bet365 offers

Foreign-related statistical surveys are an important part of private statistical surveys，With the voluntary nature of private statistical surveys、Timeliness、Purpose and other attributes，But it has its own unique properties。Statistical surveys mainly consist of data collection、Compilation and analysis、Three steps of information consultation。The above three steps of foreign-related statistical surveys may be implemented by different entities in different regions，is cross-regional，This creates regulatory challenges。In addition，Foreign-related bet365 offers consultation、Information data may involve the provisions of multiple departmental laws and regulations at the same time。For example，Carry out theft、Prying、Buy、Leaking state secrets or intelligence，Endangering national security、Foreign-related statistical investigations that harm national interests，May violate the "Measures for the Administration of Foreign-related Investigations", "Criminal Law", "Counterespionage Law", "Data Security Law" and "Law on the Protection of State Secrets" at the same time，Because of foreign-related statistical investigation violations and espionage、Leaking state secrets、There is overlap between violations that endanger national sovereignty and security。

To this day，Our country has not yet issued special legal regulations on private statistical surveys。According to Article 49 of the "Statistics Law" revised in 2009: "Measures for the Management of Private bet365 offers Activities，Developed by the State Council。”On the one hand，After the implementation of the Statistics Law，The "Foreign-related Investigation Management Measures" promulgated in 2004 urgently needs to be upgraded as a departmental regulation，To comply with legal requirements。On the other hand，Focus on foreign enterprises and their branches、Representative offices and related foreign investments、Delegation、Funding、Category and define the legality of cooperative bet365 offers activities，And make clear provisions。

　　Use legal thinking to determine bet365 offers

The process of identifying foreign-related facts in private bet365 offers activities，It is a process of finding evidence of the existence of foreign-related facts，Belongs to the category of procedural law，Two issues are involved。

The first is the issue of whether it is foreign-related。In regulatory practice，Known information related to a certain bet365 offers project、The results are provided to relevant organizations in my country、Personal” time，Many regulators simply believe that it falls within the scope of ordinary private bet365 offers activities，Little did they know that it contained foreign-related legal supervision risks。For example，An overseas organization、Individuals obtain relevant sensitive information and data in my country through intermediaries (organizations or individuals) in my country，The intermediary party entrusted relevant institutions in my country to conduct statistical surveys in its own name，bet365 offers data、The results are ultimately provided to overseas organizations by intermediaries、Individual，The above situation is an indirect foreign-related bet365 offers。Therefore，Whether the direct object provided is foreign-related and whether the investigation project itself is ultimately foreign-related cannot be equated。

The second issue is whether foreign involvement is legal。When we talk about the term "foreign-related"，There are two meanings behind it: legal foreign-related matters and illegal foreign-related matters。In regulatory practice，Many regulators only need to find overseas organizations、Individuals conduct it directly within the territory of our country、Participate in bet365 offers，If the private bet365 offers agency (project) is not approved，Just consider it illegal。According to jurisprudence theory，Subjects regulated by law、Different behavior and space，The law has general provisions and specific provisions。The "Statistics Law" and its implementing regulations only make general provisions on foreign-related statistical surveys，Does not mean any overseas organization、Individuals conduct it directly within the territory of our country、Participating in any form of bet365 offers activity is illegal。For example，Approved by our government，The branches and permanent representative offices established by overseas organizations in my country can conduct market research related to their business。The above branches、The permanent representative office shall comply with relevant industry laws and regulations，Can directly conduct market research related to the foreign organization’s business，The difference is that market research conducted by branches can be for-profit，Market research conducted on behalf of organizations is often non-profit in nature。Another example，The "Foreign Investment Law" establishes the model of implementing pre-establishment national treatment plus a negative list for foreign investment，Matters included in the negative list require approval，Anything other than the negative list，Enjoy the same treatment as domestic enterprises。Therefore，Foreign-invested enterprises that meet certain conditions，Legal bet365 offers activities can be conducted within our country。

　Introducing a penetrating bet365 offers model

The penetrating supervision model originates from financial supervision，The essence is based on the principle of "substance over form"，See the essence bet365 offers business through the superficial appearance of financial products，The source of funds for the product、The intermediate links and the final direction are penetrated，Distinguish the essential attributes of products and businesses，Applicable corresponding clear regulatory rules。

Final cross-border transmission of data information，Often accompanied by cross-border flow of funds，The foreign involvement of funds often means the foreign involvement of the relevant entities，That is, it may be the foreign-related affairs of the actor，Or the foreign affairs of the transferee of the final investigation data and results。Especially for foreign investment、Delegation、Funding、Cooperative bet365 offers supervision，Need more insight into its shares、Equity、The source and composition of property shares or other similar interests，To determine whether it is qualified to invest or participate in relevant bet365 offers industry fields。Therefore，Providers of foreign-related statistical investigation information must conscientiously implement the compliance obligations of the Counterintelligence Law regarding counterintelligence security prevention，In accordance with the relevant provisions of the "Data Security Law"，Conduct compliance review on the identity of the trader，And keep it for review、Transaction record，Thereby reducing the risk of illegal activities。

Strengthen departmental bet365 offers cooperation and sharing

With the development of global integration，Foreign-related statistical surveys will become increasingly diverse，Appeared in all fields of society。Each industry or field due to its particularity，There are corresponding legal provisions、Regulatory authorities and regulatory behavior patterns。current，The "Data Security Law" clearly states that a data classification and hierarchical protection system should be established。For matters related to national security、The lifeblood of the national economy、Important people’s livelihood、Core bet365 offers data such as major public interests，Statistics departments should strengthen departmental information cooperation and sharing，Realization and national security、Confidential、Business、City Supervisor、Taxation、Finance、Interconnection of information between cultural and other competent departments，Breaking information barriers，Avoid fighting alone。

For example，Based on Article 15 of the "Intangible Cultural Heritage Law"，Cooperation between overseas organizations and intangible cultural heritage academic research institutions in my country，Can directly participate in intangible cultural heritage survey activities，With approval, overseas individuals can directly and independently conduct intangible cultural heritage investigations in our country。Under supervision of statistical surveys in the field of intangible cultural heritage，Statistics department as a statistical investigation supervision，Can take the lead or cooperate with the competent departments of intangible cultural heritage to establish and improve the information sharing mechanism。Use modern information technology to instantly grasp the dynamic information of intangible cultural heritage bet365 offers agencies，Maintaining national sovereignty and security，Standardize and promote the development of foreign-related bet365 offers industry。

　　(The author is the director bet365 offers General Office bet365 offers School of Liberal Arts of Nanjing Xiaozhuang University；Deputy Director bet365 offers Policy and Regulations Division of Jiangsu Provincial Bureau of Statistics)