by mandarinxue on Sun Jun 19, 2011 4:22 am
wo shi zhongwen 'learner' sou yi wo 'use google translate' . zai shi....
PRC State Council Decree (No. 292)
The first order to regulate the Internet information activities to promote healthy and orderly development of Internet information services, to develop this approach.
Article in the PRC engaged in Internet information services activities, must comply with these measures.
The term Internet information service, is available to Internet users through the Internet information service activities.
Article Internet Information Services are divided into commercial and noncommercial categories.
Commercial Internet information service, is paid to Internet users through the Internet or creating web pages to provide information services activities.
Non-commercial Internet information service, is free of charge via the Internet to provide Internet users with openness, sharing of information service activities.
Article 4 The State commercial Internet information services to implement a licensing system; for non-commercial Internet information services filing system.
Not been licensed, or not filing procedures, and shall not engage in Internet information services.
Article in press, publishing, education, healthcare, pharmaceuticals and medical devices and other Internet information services, in accordance with laws, administrative regulations and relevant state regulations shall be subject to examination and approval of the competent authorities in the business license application filing procedures, or before, should be according to examination and approval by the relevant authorities.
Article in the commercial Internet information services, in addition shall meet the "PRC Telecommunications Regulations' requirements, should also meet the following conditions:
(A) business development plan and relevant technical solutions;
(B) a sound network and information security measures, including site security measures, information security management system, user information security management system;
(C) the service is the scope of Article V of this approach, the department has obtained the consent of the file.
Article in the commercial Internet information services, should be to the provinces, autonomous regions, municipalities, telecommunications regulatory agencies or the State Council department in charge of information industry to apply for the Internet information service value-added telecommunications business license (hereinafter referred to as license).
Provinces, autonomous regions, municipalities, telecommunications regulatory agencies or the State Council department in charge of information industry shall receive the application within 60 days from the date of the review is completed, make a decision of approval or disapproval. Approved, the issuance of business license; not approved, it shall notify the applicant in writing and explain the reasons.
After the applicant has obtained business license, business license shall be held to the registration authority for registration.
Article 8 Non-commercial Internet information services, should the provinces, autonomous regions, municipalities, telecommunications regulatory agencies or the State Council department in charge of information industry procedures. For the record, should submit the following materials:
(A) the sponsor and the person in charge of the basic situation;
(B) the website address and service projects;
(C) the service is the scope of Article V of this approach, the department has obtained the consent of the file.
Provinces, autonomous regions, municipalities, telecommunications regulatory agency for filing materials are complete, should be filed and numbered.
Article IX in the Internet information services, electronic bulletin board services to be offered, shall apply to conduct Internet information service license, or for non-commercial Internet information service for the record, according to state regulations make a special application or specific record.
Article provinces, autonomous regions, municipalities, telecommunications regulatory agency and the State Council shall publish the information industry department has obtained business license or filing procedures of the Internet information service providers list.
Article XI Internet information service providers should be licensed in accordance with the project to provide services or filing, or filing shall not exceed the licensed project to provide services.
Non-commercial Internet service provider shall not engage in paid services.
Internet service providers to change services, website address and other matters, shall be 30 days in advance to the original audit, certification or registration authority for the change.
Article XII of the Internet information service providers on its Web site home page should be prominently marked with the license number or record number.
Article 13 Internet service providers should provide Internet users with good service, and to ensure that the information provided is legal.
Article XIV in the news media, publishing, and electronic bulletin board services such as Internet service providers should record the information contents and time, the Internet address or domain name; the Internet access service provider shall record the user's Internet access time, user accounts, Internet address or domain name, main telephone numbers and other information.
Internet information service providers and Internet access service provider back-up records should be kept for 60 days and the relevant state authorities inquiry, to be provided.
Article XV Internet information service provider shall produce, reproduce, publish, transmit the information with the following contents:
(A) against the Constitution established the basic principles;
(B) jeopardize national security, leaking state secrets, subverts the government, undermining national unity;
(C) harm national honor and interests;
(D) to incite ethnic hatred, ethnic discrimination, undermining national unity;
(E) damage to national and religious policies or preach evil cults and feudal superstition;
(Vi) spreading rumors, disturbs social order or undermines social stability;
(7) spreading obscenity, # #, gambling, violence, homicide, terror or instigate crimes;
(H) insult or slander others, infringe upon the legitimate rights and interests;
(Ix) contains the laws and administrative regulations prohibit the other content.
Article XVI Internet information service providers found on its website the information transmitted in this way clearly belongs to one of the elements listed in Article XV, it shall immediately stop the transmission, keep the relevant records to the relevant authority.
Article XVII commercial Internet service providers apply the same inside and outside the market or foreign joint venture, cooperation, should be approved in advance by the State Council department in charge of examination and approval of the information industry; which the proportion of foreign investment shall comply with relevant laws and administrative regulations.
Article 18 The State Council department in charge of information industry and the provinces, autonomous regions, municipalities, telecommunications regulatory agency, according to the implementation of supervision and management of Internet information services.
Press, publishing, education, health, drug administration, business administration and public security, national security and other relevant authorities in their respective areas of responsibility according to law, supervise and manage Internet content.
Article 19 violation of the provisions, without obtaining the license, engaging in commercial Internet information services, or provide services beyond the approved projects, the provinces, autonomous regions, municipalities, telecommunications regulatory agency ordered to make corrections, there is illegal income, confiscate the illegal income, three times the illegal income shall be imposed for more than five times; there is no illegal income or the illegal income is less than 50,000 yuan, 100,000 yuan and 100 yuan shall be imposed; serious cases, order the closure of sites.
Violation of the provisions of non-compliance with filing procedures, engaging in non-commercial Internet information services, or beyond the record of service projects, provinces, autonomous regions, municipalities, telecommunications regulatory body shall order rectification; refuse to correct, order the closure of sites .
Diershitiao produce, reproduce, publish and distribute the contents listed in Article 15 of the information, constitute a crime shall be investigated for criminal responsibility; not constitute a crime, the public security organs, state security organs in accordance with "the People's Republic security regulations "," Computer Information Network and Internet Security Protection and Management "and other relevant laws and administrative regulations shall be punished; on commercial Internet service provider, by the issuing authorities shall suspend business for rectification or revoke business licenses notify the registration authority; for non-commercial Internet service provider, by the filing office shall order the temporary closure until the site closed site.
Article a failure to fulfill the obligations under Article 14 of the provinces, autonomous regions, municipalities, telecommunications regulatory body shall order rectification; the circumstances are serious, shall be ordered to suspend business for rectification or temporarily close the site.
Article 22 violation of the provisions are not marked on the home page on its Web site its license number or record number of provinces, autonomous regions, municipalities, telecommunications regulatory body shall order rectification, from 5,000 to 50,000 yuan shall be imposed.
Article 23 violation of the obligations under Article XVI of the provinces, autonomous regions, municipalities, telecommunications regulatory body shall order rectification; serious cases of commercial Internet service providers, business license revoked by the issuing authority, for non-commercial Internet service providers, web site ordered to close by the filing office.
Article 24 Internet service providers in their business activities in violation of other laws, regulations, by the press, publishing, education, health, drug administration and business administration and other relevant authorities in accordance with relevant laws and regulations shall be punished .
Article 25 The telecommunications regulatory agencies and other relevant authorities and their staff, dereliction of duty, abuse of power, corruption, neglect of supervision and management of Internet information services, resulting in serious consequences, constitute a crime shall be investigated for criminal responsibility; yet does not constitute a crime, the person in charge directly responsible and other persons directly responsible shall be demoted, dismissed until the expulsion of administrative sanctions.
Article 26 in this way before the publication of Internet information services, shall in this way within 60 days after publication in accordance with the relevant provisions of the Measures go through the formalities.
Article 27 These Measures shall come into force from the date of publication.