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法律英语|中华人民共和国计算机信息互联网国际联网管理暂行规定

来源:www.cqkxpx.com 2024-10-20

国务院令第195号
(Adopted at the 42nd Executive Meeting of the State Council on January 23, 1996, promulgated1 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 Interim2 Provisions Governing the Management of the Computer 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)
时效性:已被修正 颁布日期:19960201 推行日期:19960201 失效日期:19970520 颁布单位:国务院办公厅秘书局

Article 1 These provisions are formulated4 for the purpose of strengthening the control on the computer information net works 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) input5 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, unified6 standard, managing by different levels and promoting the development on the international connection.

Article 5 The Leading Group of Economy Information zing under the State Council (hereinafter called as the Leading Group) shall be responsible for coordinating7 and resolving the key problem concerning the international connection.

The office of the Leading Group shall formulate3 the detailed8 administrative9 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 inspection10 and supervision11 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 telecommunication12 net under the Ministry13 of Post and Telecommunication shall be used.

Any organization or inpidual 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

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 confidential14 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 inpidual, 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 inpidual engaged in business of international connection shall comply with the relevant laws and administrative regulations of the State, carry out strictly15 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 expend16 the information such as obstructing17 the social public security, obscene and lust18.

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 violation19 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 promulgation20.


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