March 7, 2019，Huawei American Technology Co., Ltd. and Huawei Technology Co., Ltd. (hereinafter referred to as "Huawei") announced that Article 889 of the US "2019 Fiscal Defense Authorization Act" (hereinafter referred to as "NDAA")，The case enters the US judicial procedure。

Prosecutor's accusations accused the US Congress on the grounds that Huawei threatened national security，Trails are based on legislative methods to customize limited legal terms，Violation of the Terms of Public Rights、Regarding program terms、The principle of the separation of the belonging and the separation of the three powers，Suspected violations。This complaint hopes to get the following judicial relief: determine the restrictions on Huawei in NDAA violations of the constitution、Issuing permanent ban、Forbidden implementation of this restrictions。From the background before and after the introduction of NDAA，Customization of the United States Congress Article 889 is the result of political operation，This clause is not only unfair to Huawei，and violate legal common sense，subverted the constitutional system，Cover the Constitution in crisis。

Why does the US Congress not hesitate to subvert the constitutional system and prevent Huawei from entering the United States? In the Cabatky Lab (Kaspersky), in the case of the US government，Court of the Guardian of the Constitution，Although acknowledging the administrative ban will adversely affect Kabasky，But it is determined that the ban is just to reduce the preventive measures to reduce network security risks，Reasonable and unconstitutional? Why is it in the case of the US government in Sany Heavy Industry Co.?，The court determines that the administrative ban violates procedural Bet365 app download justice，and deprived the property rights of Sany Heavy Industry，and the president's administrative ban cannot automatically avoid judicial review，So it is unconstitutional? What is the root cause of the impermanence of the US government in the above incident?

In order to better explain why the above incidents become pathological symptoms of the US constitutional crisis，We choose to extract two groups of Guan Jian words from the official term before and after the customization of NDAA，"Safety、Risk、Threat "and" Prevention、Prevent、Punishment "，Analyze how these two groups of keywords have subverted the constitutional system during the legislative process。At the same time，We have refined a set of keywords according to the US report，Ignorance、Fear、Crash。Discussion of the United States except for the political morality that abandons tolerance，What kind of thinking dilemma and wisdom crisis did you encounter。Follow the United States in some countries，In addition to succumbing to status，What are they afraid of? to this end，We provide another set of keywords，is tolerance、Cooperation、Win -win。In this typical case，Store a huge thinking structure、Code of behavior and social life，It is worth thinking about the new issue of legal science。

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National Security is a objective state of national sovereignty and its major security interests from internal and external threats。With the rapid development of Internet technology，The Internet becomes the basic lifestyle of an information society，Network security is included in the scope of national security。The United States has regarded network security as the key element of national security，But network security belongs to the concept of uncertainty，Need to pass legislation、Determination of administrative and judicial methods，Otherwise, the other party will be in an unsafe state。

For the past 20 years，The US government has bet365 best casino games been seeking reducing risks、Cyber ​​security measures to prevent threats。Hope inner hope through legislation、Plan for providing national security and citizen rights for administrative and judicial methods。Foreign illegal invasion of the network system of other countries，The incident and invasion of the Huawei system of the "Spirit Gate" have proved this。The United States is based on its own national network security concept，It is using traditional advantages and technological advantages to build a composite hegemony with each other，Threats the security of other countries。

　　irrational measures for preventing, prevented, and punishment binding

The US Constitution prohibits the legislative agency from formulating a bill for deprivation of specific individual rights。The implementation agency of the law can only be administrative agencies，instead of the legislature。The implementation of the law of administrative organs must meet the administrative procedure，Protect the rights of administrative counterparts，It can not be automatically exempted from judicial review。Judicial censorship must meet reason，Forbidden to repeat impermanence。The relevant bills and policies in the United States have made institutional arrangements。

But starting from 2012，The United States has shifted from the idea of ​​seeking general network security to key prevention strategies。In terms of key defense，From seeking public and private partnership to selective prevention and punishment。Just because of unprooped concerns，Stop Kaspersky，Stop and punish Huawei。Before customized NDAA Article 889，The HPSCI report published by the Special Intelligence Committee of the House of Representatives also acknowledged that it was impossible to prove that there was an improper behavior in Huawei，But I still think that Huawei has not proved her innocence from the details。Under the premise of unswervingly guessing Huawei's close contact with the Chinese bet365 Play online games government and the Chinese military，and speculate that Huawei's existence of potential threats，The purpose is to prevent Huawei from entering the United States。This not only violates the legitimate procedure principle that cannot be "self -proven"，It also subverted the US constitutional system。

　　Constitutional crisis that is ignorant, fear, and collapse

According to the US Constitution System，The court assumes the responsibility of the guardian of the Constitution。In the US government case，The court adheres to the legitimate procedure principles and the principle of judicial review。But in the Cascasky Case of the United States Government Case，The court believes that the administrative ban is a preventive measures that are "stopped" rather than "punishment"，Dedication rejected Kaspersky's litigation request，Show the signs of the court's existence in political pressure。According to common sense，"Prevent" means that there are no opportunities and freedom to choose to be blocked，"Punishment" means that the punished person still has the right to defense and the right to choose，The court should know the principle of "stop" strict than "punishment"，But why do you have to make improper ruling，Regardless of constitutional authority and court dignity?

We assume that the U.S. government does not want to obtain improper interests with cyber security，It is also assumed that the US court hopes to perform constitutional duties，But how do we understand why Congress should not hesitate to subvert the constitution system, and Huawei must prevent Huawei from entering the United States，How to understand why the administrative organs ask Huawei's inquiry，How can I understand the impermanence of the court? We can only speculate，A fear of "ignorance" in the field of network security。In order to transfer this fear out，The United States does not hesitate to abandon political ethics to harm the interests of others，There is no bet365 Play online games time to take care of subverting the constitutional system may lead to the constitutional crisis。Actually，What the actions of the US government are undoubtedly unfair to Huawei，But for the American people，When the state encounters a constitutional crisis，Is it still necessary to play the crown?

　　Tolerant and cooperation will be safer

The Internet is a new thing，Cyber ​​security risks are both human factors，There are also technical reasons，Network security governance is a worldwide problem。If there is evidence to prove that someone deliberately threatens network security，The country has the right to punish it in accordance with the law。If network security risk is caused by technical reasons，The way of rationality is to reduce risks by improving technology。If the network technology is not yet mature to eliminate risks，Unless a country is willing to give up the benefits brought by the analysis of risk income，Otherwise, you need to reiterate the tolerance political morality。We can't understand，Because the system is not tolerant，The American people are forced to get involved in the country to build their own country。time to this day，Could it be that through abandoning the tolerance political morality、Under your constitutional system、Definition of "Alien"，The Internet in the United States is safer，Is the people even more peaceful?

Before the system and technology of preventing network security risks, it has not yet matured，How to allocate risks fairly，The principle of justice and justice is related to the principle of new justice and justice。From a technical perspective，Cyber ​​security needs to be dealt with together，Preventing and punishment can only cover up the problem without solving the problem。From an institutional perspective，Due to the wide area of ​​the network，Network risk governance needs to establish a platform and mechanism for international cooperation and coordination。The "Information Port Agreement" signed by the bet365 best casino games United States and the European Union has taken the pace of international cooperation。In the field of network security，Only by cooperation can we find a problem to solve the problem。Any ignorance or fear is nothing to help，Any blocking or punishment can not help solve problems，Any intimidation and threats reveal irrational，Any way to pass the risk and marry others is not moral。All these superimposed together will not only make the network more insecure，It will also cause the collapse of the constitutional system。The United States may also recognize this，The "Modernization Act of Foreign Investment Risk Evaluation of Foreign Investment Risk Evaluation" that it passed after the introduction of NDAA has retained the terms of illegal review，It can be regarded as a mechanism of self -correction of the constitutional system。In fact，If the court can treat Huawei fairly and rationally，Responsibilities to assume the guardian of the Constitution，Its income will not only be the respect of people's respect，It is also possible to find the new view of justice and justice in the Internet era，and how to get rid of the constitutional crisis。

In short，Huawei's case of the US government is of course hoping to win just，But it does not diminish it. It has proposed more valuable legal issues to people: the US government is establishing a technical hegemony，Building a security barriers by compulsory allocation of risks for other countries，Abandoned the tolerance political morality，To seize the maximum benefits; the US government is subverting its constitutional system，The court sometimes gives up constitutional responsibility，Unless the American people do not want to win the future，Otherwise, we should bear the responsibility of saving the constitution system; in the face of a risk society，Human beings are experiencing the pain of the "ignorance"，Must establish a new law of justice，Fair allocation of risk; forced distribution risks in accordance with the law of the jungle bet365 best casino games law to help solve the problem，It will only make the Internet more unsafe; Cold War thinking can only cause hostility and splitting in the network field，Makes humans live in a non -tolerant online world; only to adhere to the concept of co -discussion and co -construction，Build a platform and mechanism for cooperation and coordination，Human beings can win a better future。

　　(The author is a professor at the School of Law of South China University of Technology)