Lawyer Wang Quanzhang: Update on Recent Rights Defense Work (May 8, 2026)

Here is an update on my recent work:

1. The Ministry of Public Security has responded to my application for disclosure of information on the authorization to “draft and issue the draft for public consultation of the Cybercrime Prevention and Control Law.” I have filed an application for administrative reconsideration within the statutory time limit.

In its response, the Ministry of Public Security admitted that it was “drafting [the law] on behalf of the State Council.” This amounts to an admission that it had no authority to draft it. Since it had no authority to draft it, it likewise had no authority to issue it for public consultation in the name of the “Ministry of Public Security.” The illegality of the issuing body and procedure for the draft is self-evident.

In addition, the Legislation Law is an exceptionally good law, rarely seen in recent decades. It is an interpretation of the Constitution and sets out strict and detailed provisions on the formulation and drafting of legal documents at different levels, while imposing clear statutory controls on the departmental legislation that has long proliferated.

In this legal document, there is no clear provision indicating that the State Council has the “authority to draft laws”—but there are provisions granting it the authority to draft administrative regulations, and no provision can be found authorizing the State Council to empower its departments to draft laws. The State Council has only the right to propose “bills.” A bill is different from a draft law; if they were the same, why use two different terms?

2. An administrative reconsideration application has also been filed regarding the Ministry of Public Security’s response that its “list of powers and responsibilities is a state secret.”

3. I have not yet received any response to my application for disclosure of information regarding the security classification of the “list of powers and responsibilities” mentioned in the Ministry of Public Security’s response, as well as the conditions for declassification and the declassification period, among other matters.

4. The date for the fourth hearing in the reputation-infringement lawsuit against “CCTV’s Wang Zhi’an” has been set.