【新唐人2014年08月29日訊】中共國務院以現行的「國家安全法」為基礎，擬定了「反間諜法草案」，25號已經提交人大審議。當局說，這是為了進一步加強反間諜。在當今中國社會裏，甚麼樣的人會被定義成「間諜」？當局真正擔心的，是國家的安全？還是黨的安全？中國法律界人士，還有曾經被當作「美國特務」對待的民間人士，對此都自有解讀。
現行的「國家安全法」從1993年2月開始實行，在總則中就明確提出，是為了保衛中共政權和所謂社會主義制度。
而目前中共人大常委正在審議的「反間諜法」，是國安部在現行「國家安全法」的基礎上起草的。中共國安部部長耿惠昌表示，提出「反間諜法」是為了適應所謂國家安全面臨的新形勢、新任務，而進一步「規範和加強」反間諜工作。
大陸維權律師唐吉田：「甚麼是『國家安全』？民主國家的『國家安全』和民眾的利益緊密聯繫的，但是中國大陸的所謂的『國家安全』，其實跟普通人沒有甚麼關係，主要是和掌握國家政權的統治集團有關的。所以『國家安全法』也好或者是叫『反間諜法』也好，它針對的情形，更多的是危害統治者利益。 」
這次修訂的主要內容有：明確國安部是反間諜工作的主管機關，新的「反間諜法」還規定了公安、保密行政機關和軍隊，都將按職責分工，高度配合。
唐吉田：「很可能這種修改就變成了官方進一步壓縮公民權力或者政治權力空間，以所謂的『國家安全』或者『間諜』這樣一些由頭，來對公民的一些社會活動，包括對外交流的活動，進行壓制、處罰。」
這次修訂中，大部分內容都是微調，只有第五條對原法的改動較大。具體內容是：將原文列舉的「五種具體危害國家安全的行為」刪去，而採用「間諜行為」的籠統定義。大陸官方解釋說，是為了與《刑法》等銜接，有利於今後的反間諜工作。
唐吉田：「如果說和刑法對接的話，它是一個特別法。它就應該規定的更為具體、明確，並且有可操作性。如果以所謂的『反恐』，『國家安全』，或者『反間諜』這種非常宏觀的一種說辭，來為權力部門擴張權力，鋪平道路，那勢必就存在著權力被濫用這樣一個危險。」
從過往的實例中，可以看出，官方用所謂的「間諜」、「特務」處理的民間案例，實際上發生了甚麼。
原湖北億萬富翁徐崇陽，因巨額資產被地方當局掠奪，而走上維權之路。他曾被警方酷刑逼供，要他承認，自己是美國政府派到大陸的「特務」。
原億萬富翁徐崇陽：「因為當時打的我承認是『間諜』，苦打成招，逼迫你。你比方說把大便往我嘴裡塞，三個人在我頭上小便，把肋骨都打壞。到現在，還給我訂上是『黑名單』上的人。」
期間徐崇陽因為寫信給當時的中共總書記的胡錦濤，遭到了政法系官員更嚴厲的打壓。前年年2月，他赤身裸體被吊著，遭到警察威脅的視頻，在網上傳出。
原億萬富翁徐崇陽：「他們是政治迫害，是要用這種方式來打壓。你比方說，傅正華安排的人審訊我的時候，他說：你現在喊一句胡錦濤，我就要打死你。一直打到你不喊胡錦濤，我就不打你了。」
徐崇陽出獄後，身無分文，連生活都困難。但是，因為擔心再被警方誣陷，說他接收美國政府的「特務」經費，徐崇陽甚至都不敢向自己身在美國的妻子、兒子要生活費。
不僅是普通人可能被當局包裝成「間諜」、「特務」，連中共前總書記趙紫陽也不能倖免。旅美學者何清漣曾在《美國之音》發表評論文章，回顧中共如何在不同的歷史時期，利用所謂的「境外勢力」來化解自身危機。其中提到，當年鄧小平在「六四」大屠殺之後，為了對國民有所交代，一度致力於把趙紫陽包裝成「美國中情局特務」，卻沒能成功的往事。
採訪編輯/唐音 後製/舒燦
Anti-Spyware Laws Is Being Prepared: Who Will Be The Spy?
The State Council of the Chinese Communist Party (CCP)
drafted Anti-Spyware Law in terms of the National Security
Law, which was submitted to the National People’s Congress
for reviewing on Aug. 25.
The CCP Authorities say this is to further strengthen
anti-spyware actions.
Nowadays in Mainland, what kind of person would be
identified as a “spy"?
Do the Authorities really worry about national security?
Or the party’s security?
Mainland legal professionals and those who have been
treated as “American spies" have their own interpretation
of this newly proposed law.
The current National Security Law introduced in Feb. 1993
makes it clear in its General Provisions that
its implementation is for defending the communist regime
and the so-called socialist system.
The Standing Committee of National People’s Congress
is currently reviewing its Anti-Spyware Law,
which was drafted by the Ministry of State Security
on the basis of the existing National Security Law.
Geng Huichang, the Minister of the Ministry of State Security
said that putting forward the Anti-Spyware Law is adapting
to the so-called new situation and the new national security
tasks.
It is further “standardizing and strengthening"
counter-espionage work.
Mainland human rights lawyer Tang Jitian:
“What is ‘national security?’
National security in democratic countries
is closely linked with the people’s interests.
But Mainland China’s so-called national security actually
has nothing to do with ordinary people,
and it is mostly relevant to the ruling group
which commands the state power.
So either the National Security Law or the Anti-Spyware Law
more likely aims against those activities possibly
being hazardous to the ruler’s interest."
The main content of this revision clearly stipulates
that the Ministry of State Security are the direct authorities
responsible for counterintelligence work.
The new “Anti-Spyware Law" also stipulates the task
breakdown among the public security bureaus,
confidentiality administrative agencies and the military,
as well as the highly cooperative among them.
Tang Jitian: “Such a revision is likely to be used
by the authorities for further contracting the civil rights
or political power, and for repressing and punishing
the social activities of citizens.
This includes foreign exchange activities, by the pretext
of the so-called national security or spy.”
Most of the contents of National Security Law during
this revision are fine-tuning with the exception of major
changes on the fifth article of the original law.
The original text “five specific acts endangering national
security" is replaced with a general definition of espionage.
The Mainland Authorities explained that this modification
is to connect with the “Criminal Law" and benefit
future counterintelligence work.
Tang Jitian: “If we say this is connected with Criminal Law,
then it is a special law.
It is expected to be more specific, clearer,
and more practicable.
If this kind of macro rhetoric like the so-called
“anti-terrorism," “national security" or “anti-spy" is used for
expanding powers for the institutional sector, then it is
bound to the existence of such a dangerous abuse of power."
From previous examples, we can see that the so-called
“spy" and “special agent" cases handled by the authorities
actually meant what happened.
Former billionaire Xu Chongyang from Hubei Province
was forced to embark on a rights-defending road
due to his huge assets plundered by the local authorities.
He was once tortured by the police
and forced to extract confessions
that he was a spy dispatched
by the U.S. government to Mainland China.
Former billionaire Xu Chongyang: “Because that time
I was tortured so seriously that I could not resist,
I was forced to admit I was a “spy".
For example, they fed me feces, three policemen urinated
on my head, and my ribs were beaten until they broke.
I am still on the black list.
During the persecution, Xu Chongyang wrote a letter
to then CCP Head Hu Jintao,
and then he experienced an even harsher crackdown
from the officials of the Political and Legal Department.
In February of 2012, the video showing that he was hanging
naked and threatened by the police was published
on the Internet.
Former billionaire Xu Chongyang: “They were executing
political persecution and used this way to suppress me.
For example, when Fu Zhenghua (the head of Beijing Public
Security Bureau) arranged some persons to interrogate me,
he said, ‘now if you are yelling out Hu Jintao,
I’m going to beat you to death.
Until you do not shout out Hu Jintao,
then I will not hit you.'"
After Xu Chongyang was released from prison, he became
penniless, and even basic needs became difficult.
However, due to fear of being framed as he receives
“secret" funding from the U.S. government,
Xu Chongyang doesn’t dare to ask the cost of living
from his wife and his sons who are now in the US.
Not only ordinary people may be framed by the authorities
as a “spy" and a “secret intelligence agent," but also even
the former CCP Head Zhao Ziyang cannot be spared.
Ms. He Qinglian, who is a scholar now in America, published
a commentary article in Voice of America in which he recalled
how the CCP exploited the so-called “foreign forces"
to resolve their crisis in different historical periods.
The article also mentions that after the June 4 holocaust,
in order to be accountable to citizens,
Deng Xiaoping attempted to frame Zhao Ziyang
as a U.S. CIA spy, but ultimately failed to succeed in this.
Interview & Edit/TangYin Post-Production/ShuCan
