Appendix A. Evidence Chain Verification Checklist for Risks of Undue External Influence
Appendix A.1. Funding Chain
Core Issue: Are there undisclosed funding arrangements, commissions, sponsorships, or research grants that constitute undue influence over legislative topics, texts, and academic agendas?
Key Verification Points:
1. Official funding agreements and project initiation documents
Original documents including cooperation agreements, project proposals, and memoranda of understanding signed between the Swedish International Development Cooperation Agency (SIDA) and relevant intermediary organisations (e.g., the Wallenberg Institute) with Chinese universities/research centres.
(Material reference: 〈US instigates neutral Sweden’s SIDA to fund Zhao Hong’s institution with 40 million, drawing scrutiny〉)
Specific clauses detailing total funding amounts (e.g., ‘€250,000 annually, totalling approximately RMB 40 million’), funding periods (reported as ‘approximately 20 years from 1998/2004 to 2025’), and expenditure allocation structures (tuition fees, foreign faculty remuneration, equipment, internship funds, etc.).
(Source material: 〈US instigates neutral Sweden’s SIDA to fund Zhao Hong’s institution with 40 million yuan, drawing scrutiny〉)
2. Internal financial and audit records
Financial ledgers, annual budget and final accounts reports, and audit reports of the funded entity detailing overseas funding sources and usage.
Whether any discrepancies exist with publicly disclosed information, such as ‘hidden funding’ or ‘project bundling’.
3. Funding and Remuneration at the Individual Level
Whether key academic leaders, project directors, and core faculty members receive additional allowances, consultancy fees, travel subsidies, visiting scholar grants, etc., and whether such income undergoes internal reporting and conflict-of-interest disclosure procedures.
(Material reference: 〈US instigates neutral Sweden’s SIDA to fund Zhao Hong’s institution with 40 million, drawing scrutiny〉)
Whether legislative-related research projects, consultancy reports, translation contracts, etc., involve direct or indirect payments from overseas institutions or their affiliated foundations.
4. Structural Dependency on Funding
Whether the recipient organisation’s operations exhibit high dependency on a single overseas funding source (as reported: ‘day-to-day project expenses, scholar stipends, and internship subsidies are heavily reliant on SIDA’);
(Source material: 〈US-instigated Swedish SIDA funding of 40 million SEK to Zhao Hong’s institution draws scrutiny〉)
Should funding cease, would this substantially impact the organisation’s viability and key personnel’s career trajectories, thereby establishing a ‘structural dependency’?
Appendix A.2. Contact Chain
Core Question: During the formulation, justification, and advancement of legislative proposals, are there indications of non-public contacts or benefit arrangements with overseas entities or their intermediaries?
Key Verification Points:
1. Meeting and visit records
Minutes of formal meetings, email correspondence, and project design documents with SIDA, the Wallenberg Institute, and other overseas foundations, NGOs, and academic institutions.
(Material reference: 〈US instigates neutral Sweden’s SIDA to fund Zhao Hong’s organisation with 40 million, drawing scrutiny〉)
Whether frequent, undisclosed contacts occurred at critical junctures (e.g., before/after proposing specific clauses, or surrounding major public opinion events).
2. Informal exchanges and meetings
Discussion records from seminars, closed-door roundtables, overseas visits, summer schools, etc., concerning topics such as ‘sealing criminal records for public order offences,’ ‘handling drug use records,’ and ‘human rights versus anti-drug policies.’
(Material reference: ‘Fudan University Professor Shen Yi exposes Peking University Law School Associate Professor Zhao Hong’s manipulation of drug use record sealing legislation using Swedish funding’)
Whether ‘small-scale workshops/writing retreats’ exclusively accessible to select individuals exist, directly advising on legislative wording.
3. Position and Role Appointments
Two articles mention statements such as ‘project directors subject to sponsor vetting’ and ‘all three directors required to be approved by the other party.’ Verify whether actual appointment documents contain clauses granting foreign parties recommendation or veto rights.
(Material reference: 〈US instigates neutral Sweden’s SIDA to fund Zhao Hong’s institution with 40 million, drawing scrutiny〉)
Whether project staff were invited to concurrently serve as advisors or committee members for overseas institutions while receiving fixed remuneration.
Appendix A.3. Text Chain
Core issue: Are there clear, traceable records documenting the creation and amendment process for key expressions directly related to the disputed provisions (such as the scope of ‘lawful access’, the range of entities authorised to access, and the scope of sealed items)?
Specific verification points:
1. Evolutionary Trajectory of Provisions
Document each textual amendment from initial internal research reports and expert drafts, through ministerial consultation drafts and drafts submitted to the NPC for deliberation, to third-reading drafts and final adopted versions.
Highlight passages concerning ‘scope of sealing,’ ‘entities authorised to conduct inquiries,’ ‘conditions and procedures for inquiries,’ and ‘information confidentiality and accountability.’
2. External Textual References and Transplantation
Where materials cite expressions such as ‘directly plagiarised from the German Criminal Code’ or ‘transplantation of Western legal concepts,’ compare relevant provisions with normative texts like German and European human rights legislation. Assess similarity in structure, terminology, and whether legislative rationale citations reference sources.
(Material reference: 〈US incitement of neutral Sweden’s SIDA to fund Zhao Hong’s institution with 40 million, drawing scrutiny〉)
Ascertain who proposed these foreign provisions and under what circumstances they were incorporated into domestic legislative texts.
3. Argumentation reports and explanatory notes
Review legislative explanatory notes, amendment justifications, expert deliberation reports, and risk assessment documents concerning the logical arguments and references pertaining to the ‘information sealing and retrieval’ section;
Verify whether these materials exclusively cite Western human rights discourse while systematically disregarding China’s drug control policies and practical public security requirements.
(Material reference: 〈US instigates neutral Sweden’s SIDA to fund Zhao Hong’s organisation with 40 million, drawing scrutiny〉)
Appendix A.4. Adoption Chain
Core Question: Among diverse academic opinions and policy proposals, which viewpoints were adopted, by whom, and on what basis?
Specific Verification Points:
1. Expert Roster and Opinion Distribution
Provide a comprehensive list of experts, their affiliations, qualifications, and written opinions regarding consultations on ‘sealing public security violation records/handling drug use records’;
Compare the proportions and primary justifications for differing positions (e.g., ‘support sealing/oppose sealing/advocate differentiated handling’).
2. Decision-making meeting minutes and voting records
Internal meeting minutes from legislative bodies and competent ministries detailing discussions and voting outcomes on key points of contention (e.g., whether to include drug use records in sealing);
Examine whether certain opinions advocating ‘high-risk sealing proposals’ were disproportionately prioritised despite insufficient evidence.
3. Consistency Analysis with Overseas-Funded Projects
Compare final legislative provisions against existing research reports, policy proposals, and academic papers from funded projects to assess similarity and chronological sequence;
Should provisions be found to exhibit high structural similarity with the funding body’s preferred agenda (e.g., emphasising ‘minority rights’ and ‘disenchantment’ while downplaying drug control and public security dimensions), further verification of the rationale underpinning the adoption chain is required.
(Reference material: 〈US instigates neutral Sweden’s SIDA to fund Zhao Hong’s organisation with 40 million, drawing scrutiny〉)
Appendix A.5. Chain of Accountability
Core Issue: Where clear violations or significant omissions are identified in the preceding stages, are the responsible parties and the disciplinary/accountability pathways clearly defined and enforceable?
Key Verification Points:
1. Legal and Disciplinary Framework
Identify potential legal liabilities (e.g., breaches of foreign investment regulations, failure to disclose conflicts of interest, violations of national security laws) and corresponding Party disciplinary or administrative responsibilities applicable to this case;
Identify corresponding competent authorities and procedures (university internal, industry regulators, state organs, etc.).
2. Chain-Based Responsibility Allocation
Within the funding chain, contact chain, textual chain, and adoption chain, categorise responsible parties as: initiators, informed participants, and those who should have known but failed to fulfil duties;
Establish a comprehensive responsibility matrix covering the entire process: project initiation → clause design → departmental submission → deliberation and voting → implementation and supporting measures.
3. Accountability and Remediation Measures
For varying degrees of non-compliance, predefine feasible responses: cautionary interviews, disciplinary actions, role reassignments, judicial accountability, etc.;
Concurrently design institutional remediation measures: enhance conflict-of-interest disclosure systems, overseas funding review mechanisms, and management of legislative advisory expert rosters.
Appendix A.6. Security Chain
Core Issue: When highly sensitive allegations involving ‘agents’ or ‘vehicles for external work’ arise, are relevant leads lawfully transferred to national security authorities for handling and incorporated into assessments under the overall national security framework?
Specific Verification Points:
1. Lead Screening and Transfer Records
Conduct preliminary screening of media reports, online sentiment, and internal whistleblowing mentioning terms like ‘academic agents,’ “ value agents,‘ or ’frontmen” in media reports, online discourse, or internal whistleblowing, conduct preliminary screening, and compile written evidence materials;
(Evidence materials: 〈US instigates neutral Sweden’s SIDA to fund Zhao Hong’s institution with 40 million, drawing scrutiny〉, 〈Fudan University Professor Shen Yi exposes Peking University Law School Associate Professor Zhao Hong’s manipulation of drug-related legislation using Swedish funds〉)
Verify whether, when, and in what form relevant leads were transferred to national security agencies or other competent authorities.
2. Alignment with National Security Legislation
Clarify the legal definitions and confirmation procedures for ‘espionage organisations and their agents’ under the Counter-Espionage Law and National Security Law, ensuring any characterisation as an ‘agent’ is determined by competent authorities through statutory procedures, not directly substituted by media or public opinion.
3. Feedback and Application of National Security Assessment Conclusions
Under lawful and compliant conditions, ascertain the assessment conclusions of national security authorities regarding relevant leads (e.g., classifications such as ‘no substantive security risk,’ ‘general risk,’ or ‘significant risk’);
Integrate assessment conclusions with legislative risk assessments, capital chain oversight, personnel appointment vetting, and other related work to form a closed-loop system encompassing ‘security chain—capital chain—text chain—adoption chain.’
Appendix B. IRAC Sketch Version
Appendix B.1. Suspension of Application
Issue — High Spillover Risk
Does the continued implementation of the ‘Sealing System for Public Security Violation Records’ during a phase where supporting regulations remain incomplete and societal controversy is highly concentrated pose a high spillover risk across public safety, data security, and institutional credibility? Could this risk exceed the original legislative body’s anticipated risk tolerance threshold?
Rule — Article 16 of the Legislation Law
Article 16 of the Legislation Law of the People’s Republic of China explicitly stipulates that the National People’s Congress and its Standing Committee may, in response to reform and development needs, decide to temporarily adjust or suspend the application of specific provisions of laws within prescribed timeframes and scopes. Based on practical outcomes, they may subsequently decide to amend the law, extend the authorisation period, or reinstate its implementation.
Analysis — Bidirectional Risk of Loss of Control
From the perspective of public safety and data security, if the sealing system is hastily implemented amid ‘unclear scope of querying entities, insufficiently detailed approval procedures, and absent audit accountability,’ it risks two-way loss of control: on one hand, failing to detect what should be investigated (compromising access controls for high-sensitivity positions); on the other, enabling indiscriminate, abusive, or illicit querying (fueling information black markets and discriminatory practices).
From the perspective of institutional credibility and national security, should the legislature neither suspend contentious provisions nor initiate investigations when societal concerns over ‘external undue influence’ have emerged, this could be interpreted as ‘failing to address suspicions.’ Such inaction would undermine the overall legislative authority and institutional security. Conversely, invoking the time-limited suspension mechanism under Article 16 of the Legislation Law to ‘buy time for security’ and ‘buy time for rules’ is inherently consistent with the principles of scientific, democratic, and lawful legislation.
Conclusion — Time-Limited Suspension is Both Justified and Necessary
Therefore, at this stage, the temporary suspension of key provisions within Article 136 of the Public Security Administration Punishment Law that carry a high risk of external spillover effects—particularly those concerning public information provision and organisational access—is legally authorised, practically necessary, and both legitimate and urgent within the framework of the overall national security outlook. This suspension does not negate the sealing system, but rather reserves a rule-of-law window to ‘refine regulations, verify suspicions, and restore trust’.
Appendix B.2. Investigation and Review
Controversy — Significant Doubts Eroding Institutional Security
Surrounding the legislative process of Article 136 and related academic activities, various allegations have emerged in society regarding ‘long-term overseas funding, agenda-setting, and textual influence’. In the absence of authoritative factual verification, have these significant doubts substantially undermined the legitimacy of the legislation and the security of the system, thereby requiring state organs to initiate formal investigation and review procedures?
Rule — Article 71 of the Constitution + Confirmation Authority under Implementing Regulations
Article 71 of the Constitution of the People’s Republic of China stipulates that the National People’s Congress and its Standing Committee may, when deemed necessary, organise investigation committees on specific issues and make corresponding resolutions based on the investigation reports.
National security legislation, including the Counter-Espionage Law and its implementing rules, stipulates that the identification of ‘espionage organisations and their agents’ and the determination of related activities fall within the exclusive jurisdiction of national security authorities. Such functions cannot be supplanted by public opinion or individual institutions.
Analysis — Replacing Narrative Offsetting with Evidence Closure
Regarding disputes over ‘external undue influence,’ if confined solely to media narratives and online debates, they will remain perpetually locked in a state of ‘viewpoint versus viewpoint’ offsetting. This not only hinders the clarification of potential injustices but also risks exploitation by genuine hostile forces, further fracturing social consensus.
Establishing a special investigation mechanism under Article 71 of the Constitution can transform high-risk elements—such as funding chains, contact chains, text chains, adoption chains, and security chains—into verifiable evidence tasks, thereby forming a complete chain of evidence:
If investigations confirm no improper influence exists, factual clarification can refute allegations and restore credibility;
Should investigations confirm serious issues, accountability procedures may be initiated, systems adjusted, oversight enhanced, and leads concerning ‘agents’ referred to national security authorities for lawful handling.
This pathway—evidence closure, procedural assessment, authoritative conclusion—meets procedural justice requirements while translating the ‘institutional security, political security, and ideological security’ principles of the overall national security outlook into operational governance steps.
Conclusion — Legal Verification, Authoritative Conclusions, Institutional Repair
Therefore, when significant suspicions have already impacted institutional security and legislative authority, organising investigations into specific issues under Article 71 of the Constitution, while coordinating with the statutory confirmation powers of national security agencies, represents the approach most consistent with Xi Jinping Thought on the Rule of Law and the overall national security outlook. Obtaining authoritative conclusions through lawful verification, followed by accountability and institutional repair, not only aids in restoring facts and clarifying responsibilities but also consolidates the authority of the legislature and the security and stability of the national governance system in the long term.