1994,my country's official access to the International Internet。Network Security OR Cyber Security is born with the Internet era。At first, people mainly focused on network security at the technical level,For example, to prevent hackers and Trojans、Web virus invasion such as worms,Development and utilization of firewalls and encryption technology。but,Many network security issues are difficult to solve by technology alone。Soon,People start to seek legal ways to solve network security problems。Research on the rule of law of cyber security has gradually become an important theme in the law and the network industry。The field of network security rule of law is comprehensive、Features of interdisciplinary,Involved in civil law、Administrative Law、Criminal Law and other law disciplines,Research results with thesis、Presence of works and subjects。
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As a typical non -traditional safety,Network security rely on technical support,Also requires legal guarantee。Governance of network security issues,The first thing people think of is that there should be a law to depend on、According to the Law Network。Cyber Security Legislative Study under the promotion of the theoretical world,Active response in the practice world,The official introduction of national legislation is finally promoted。
In the mid -1990s,Journal papers began to pay attention to legislative issues of network security。Originally translated in the United States、Legal measures and policies in the United Kingdom and other countries against Internet security confidentiality and criminal crimes。This period,To cope with network security issues,Legislation is also reflected。After entering the 21st century,Cyber Security Legislative Study Papers increased year by year,Xu Hanming and other scholars also proposed the "Network Security Law" proposal Bet365 app download draft in public publishing works。The perspective of the legislative research of network security is mainly,Legislative necessity、Legal level、Legislative mode、Legislative mode、Legislative System,Top -level design and institutional arrangement,interest balance mechanism,Internet public opinion governance、Personal information protection、Data security guarantee、Key information infrastructure protection and network security information sharing,Network Security Level Protection System,Network Security Conscious Education,Local legislation,Drawing on international legislative experience、Strengthen international cooperation and international legislation,etc.。The Internet has no borders,Network Security is a global issue,No country can be alone,Cyber Security Legislation should have an international perspective。Build a community of security community of human network space,Need international、Regional network security rules。
February 2014,General Secretary Xi Jinping presided over the first meeting of the central network security and informatization leadership group, emphasized,Network security and informatization are related to national security and national development、A major strategic problem related to the work and life of the masses of the masses,Starting from the international and domestic general trend,Overall layout,Innovative development,Innovative development,Efforts to build our country into a network power。April 2014,Formulation of the Network Security Law is included in the preparation items in the annual legislative work plan issued by the Standing Committee of the National People's Congress,Network Security Law officially entered legislative procedures,Related parties Investigate and draft work,Legislative pace is accelerated。June 2015 to June 2016,The Standing Committee of the National People's Congress has twice reviewed the "Network Security Law (Draft)",and announce the draft on China People's Congress Network,Public Bet365 lotto review opinion from the society。November 2016,"Network Security Law" after two years,Three trial passes,Cyber Security Enter the new journey of legislation protection。June 2017,"Network Security Law" after the implementation of the implementation of the implementation,The era of legislation after network security is opened,Research focus to legislative interpretation and evaluation、Legislative connection、Formulation of supporting regulations、Legislation、Special legislation and other aspects。"Network Security Law" is a comprehensiveness in the field of network security、Basic Law,Also need to be regional、Industry and network security review and other specialized legislation。Facing cloud computing、Big Data、IoT、Artificial Intelligence、Blockchain and other emerging technologies,Legislative Study of Personal Information Protection。
Law Enforcement Studies in Network Security
In terms of heat,Law enforcement research on network security is far less than legislative research,But it does not deny the importance of network security law enforcement and law enforcement research。Apprenticeship is not enough,The life of the law lies in implementation。Can't effectively implement it,No matter how good the legislation will be a piece of paper。Network security requires both static legislative protection,It also needs dynamic law enforcement protection。
Law enforcement research on network security starts late,The main research results are concentrated in the last 10 years。Research issues involve unknown permissions in network security law enforcement、Unclear border、Multi -head management、function cross、Technical lack、Law enforcement lag、Law enforcement lag,and the professional construction of law enforcement teams、Law Enforcement Team configuration gap、"Network Security Law" implemented results、Industry self -discipline and other questions。For example,Network Security Law Enforcement subjects need to be further rare,bet365 best casino games There are cross -law enforcement phenomena between these law enforcement subjects。Online police as the main force of cyber security law enforcement,The professionalism and technical equipment of the team are still weak,It is necessary to further strengthen talent training and improve technical strength。Research on the construction of college network security and law enforcement majors heating up。Specific issues involve virtual simulation experimental teaching、Innovative application talent training mode、Studies in the professional curriculum system and training goals。other,illegal acts that violate the personal information of citizens are still severe。Network service providers and other enterprises and institutions in business activities excessively collect user information,Citizens found that their information was leaked or abused,Difficulties in defending rights are more common。"Network Security Law" is implemented,The "first case" of administrative law enforcement that violated the law in all parts of the country,Alignment widespread attention from all walks of life。Published related review articles,The smooth development of helping the practice of network security law enforcement。
Judicial Research on Network Security
The judicial research of cybersecurity is mainly due to criminal issues that violate network security。Crimes involved can be divided into two types。One is a typical cyber security criminal behavior,If the computer information system is infringed, the security crime of the computer information system,Including illegal invasion of computer information system crimes、Destroy the computers information system crime、Data crime of illegal obtaining computer information system、illegal control of computer information system crimes and providing invasion、illegal control computer information system program、Tool crime,and refusal to perform information network security management obligations、Crime of violating the personal information of citizens, etc.; The bet365 Play online games second is to use the network as a criminal tool、Media。For example, Internet dissemination of obscene electronic information crime、Internet fraud、Internet theft and online gambling。
"Network Security Law" promulgated in 2016 is called "the first year of the rule of law"。Several typical network security cases have occurred this year,For example, fast broadcast case、Baidu Post Bar Incident、Wei Zexi Case、Xu Yuyu case, etc.,all caused discussions from all walks of life。The focus of the controversy is how the network platform assumes the legal liability for network operation security management。The Xu Yuyu case was selected as the "Top Ten Cases of Promoting the Law of the Law in 2017" selected by the Supreme People's Court。Seven defendants were convicted of fraud in the first instance、Criminal liability for violations of citizens' personal information,Maintenance of the original judgment in the second instance。The judicial trial of the Xu Yuyu case once again triggered people's extensive thinking about telecommunications network security。The research perspective of telecommunications network fraud cases mainly include personal information protection、Investigation Dilemma and countermeasures、Improve accountability mechanism、Safety prevention publicity and other issues。Judicial research of network security shall pay attention to the specific judicial judgment rules provided by the judicial interpretation。From 2004 to the present,Supreme People's Procuratorate、The Supreme People's Court released four cases involving criminal cases involved in network information security、Interpretation of several issues of specific application laws in civil cases,Provides a trial basis for trial related cases。
National Social Science Fund Project: Promotional Power of Research on the Law of Network Security
National Social Science Fund Project,referred to as national topics,The most influential authoritative scientific research project in the field of humanities and social sciences,To Bet365 app download a certain extent, it reflects the research focus and hotspot in various disciplines,is the weathervane of theoretical and practical research。The results of the national topic are research reports、Thesis and monographs, etc.。Research Report、Do not require it to be publicly published。
Earlier topics such as 1997,The "Legal Guarantee of Computer and Network Security" reported by Yang Zhenhong from South China Normal University to obtain the National Social Science Fund for the project。Subsequent,Research on legal issues of information network security、Legal countermeasures of network security monitoring、Public Law Studies on the Protection of Personal Information of Network Security and Network、my country's network security legislation research、Research on the Legal System of Network Security International Cooperation、"Network Security Law" after the mobile application app personal information protection research、State projects such as promotion strategies formulated by global network security legal rules have been established one after another。From the perspective of subject classification,It is mainly based on law disciplines,Disciplines such as both journalism and communication and international issues。From the perspective of research,With the legislative issues of network security as the main topic。Another example, Examination with the theme of information security,2001,"Information Security、Information Legislative Research on Online Supervision and China "Winning National Social Science Foundation Key Project for the establishment item,The results of the end of 2003 "Information Security: Threat and Strategy" published by Shanghai People's Publishing House。This topic proposes a system for Chinese information security legislation、Content and framework。Subsequent,Personal information security、Geographical Information Security、Personal information security in the network environment、Personal information security in the spread Bet365 lotto review of new media、Law protection of personal information security in the era of big data,Criminal Law Protection of Big Data Transaction Information Security and other national social science funds projects obtained projects。These projects focus on the legal protection of personal information security。In short,The network space is human beings in the field、Sea、Airspace、Fifth Space outside of space。Network space security issues have risen to national strategy。Research on the rule of law of network security will be a vast space that needs to be continuously developed。
(Author Unit: Social Governance Research Center of Tianjin Academy of Social Sciences)
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