Construct a fusion network security legal system
February 22, 2023 09:35 Source: "China Social Sciences", February 22, 2023, Issue 2595 Author: Zhang Hui

September 12, 2022,The State Cyber ​​Information Office released the "Decision on Modification of the" Cyber ​​Security Law of the People's Republic of China "(draft for comments)" (hereinafter referred to as "Draft for Soliciting Opinions")。Draft for Soliciting Opinions, point out,The purpose of this amendment is to allow the "Administrative Penalty Law" and "Data Security Law" and "Personal Information Protection Law" revised and implemented in 2021,This is the integration requirements inherent in the legal system。"Network Security Law" as the Basic Law of the Network Security Legal System,Not only should be coordinated between legal responsibilities and newly implemented laws,It also needs to be extended in the concept、Law application and other aspects to lay the foundation of system integration for network security -related systems。

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Although the "network law" can become an independent legal department, there is still controversy,But the facts of the existence of the network security legal system have not been obtained。The overall national security view of the "National Security Law" in 2015 is the leadership of the network security legal system,"Network Security Law" announced in 2016 as a system foundation,"Data Security Law", "Personal Information Protection Law", "Regulations on the Security Protection of Key Information Infrastructure", "Administrative Measures for the Protection of Information Security", etc.,The relevant provisions in legal systems such as the Civil Code "and" Criminal Law "are the content of it,Even non -national legislation such as technical standards and social specifications is also a part that cannot bet365 Play online games be ignored。These together constitute a legal system that adjusts the legal relationship of network security。Fusion is the basic characteristic of the legal system,It requires the uniform values ​​between the various specifications in the legal system and the various rules、Logic consistency、Can support each other and confirm each other,When the law is applicable, you can also look at the relationship between the rules from the whole perspective。Among them, on the basic value,National Security Objectives through three parts of the existing network security legal system -network operation security、Personal information security and network information content security。The revision of this "Cyber ​​Security Law" focuses on streamlined normative logic and standard content relationship,Improve the coordination of the system。

  The integration measures of "Draft for Solicitation Opinions"

"Draft for Solicitation of Opinions" increased or reduced the lower limit of fines for some illegal acts,significantly increased the fine limit of fines,Added administrative punishment method,So as to coordinate with the post -method。The "Data Security Law" and "Personal Information Protection Law" published in 2021 greatly increased the extent of administrative responsibility compared with the 2016 "Network Security Law"。This is related to the rising trend of fine fines on network operators internationally,Especially the 20 million euros determined by the EU 2018 "General Data Protection Regulations" or a huge amount of fines with a global turnover of 4%of the previous year。"Draft for Solicitation of Opinions" "Performance of less than 50 million yuan or 5 % of the previous year's turnover" new rules come from the "Personal Information Protection Law",This is also the highest amount of fines in the current Chinese network security legal system,The "Draft for Soliciting Opinions" reflects Bet365 lotto review the high penalty of the high penalty of the concept。The new regulations for their business prohibitions are also from the "Personal Information Protection Law",Notification to criticize this new administrative penalty method is taken from the newly revised "Administrative Penalty Law"。

"Draft for Opinions" makes personal information security and data security protection as relatively independent parts,Enhancement of content security importance。"Draft for Consultation" is punished in personal information related illegal acts,and key information infrastructure operators who violate personal information and important data localization regulations shall be on legal responsibility,Adopted a method of transition,presents the method of personal information security and data security that will have the latest personal information security and data security.。In the protection of the security of network information content,It reflects the purpose of strengthening the management obligations of the door operator。"Draft for Consultation" directly increases the network information content security legal liability of the network operator to the same height of the network operation security,In particular, the "particularly serious plot" clause and the corresponding maximum fine。Among them, the prohibition regulations are also the same as the legal liability of the network operation security legal liability,That is, the "work engaged in critical positions in network security management and network operations" within a certain period of time,Reading the important position of network information content governance in network security governance。So far,Network operation security、Personal information security and network information content security protection is almost agreed in legal responsibility regulations。

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First,The concept of protecting national security bet365 best casino games integration requires further clarification of "network security" extension。On the one hand,National Security is the core legal benefit of the protection of the Cyber ​​Security Law。Personal information security, although under specific conditions (specific types and quantities), is related to national security,However。Network information content governance is linked to national security due to ideological security,But its protection object is mainly "citizen、Legal rights and interests of legal persons and other organizations "(" Regulations on the Ecological Governance of Network Information Contents "),and unique status due to the basic right of the constitution of citizens' right to expression。So,Although the overall national security concept is led by it,But the part involving the center of the national security significance should be operating security for the network,Personal information and network information content governance on the edge of meaning can be diluted in the "Cyber ​​Security Law".。On the other hand,The continuous introduction of the new method has further highlighted the differences between the network security。After the "Provisions on the Ecological Governance of Network Information", "Data Security Law" and "Personal Information Protection Law" were successively introduced,Network information content governance、Data protection and personal information protection has increasingly showing an independent situation in the network security legal system。This is manifested in the governance of network information content with "clear" rather than "security" as the primary goal,It is also manifested as the concept of "data" and "personal information" in the "Data Security Law" and "Personal Information Protection Law" surpassing the scope of adjustment of the "Network Security bet365 best casino games Law",Not only does it contain electronic information on the Internet,Also includes information recorded in other ways。"Draft for Soliciting Opinions" has reflected the relatively independent independent of data protection and personal information protection,Or can be revised and improved in 2000、The network information content governance special legislation revised in 2011 "Measures for the Administration of Internet Information Service",Therefore, the regulations for network information content governance regulations are more concentrated,So as to strengthen the core extension of network security。

Second,Except for the overall national security concept,The value implemented by the network security legal system also includes the network security and informatization development proposed in the Network Security Law。This table now section of the "Promoting Data Development and Utilization" part of Article 1,"Personal Information Protection Law" runs through the full text processing rules that highlight the part of its legislative purpose of "promoting the reasonable use of personal information"。Therefore, in the application of law,Law Enforcement、The judicial department must also insist on the attitude of humility。The most severe network security protection legal liability is the "crime of refusing to perform the information network security management obligations",And the crime has the pre -procedure of the pre -procedure, "If the regulatory authorities are ordered to take correction measures and refuse to correct it",It has applied very little in 8 years。In terms of administrative punishment,8.026 billion yuan in the Didi case was fined as the "Personal Information Protection Law".。In addition,There are no other huge fine cases。To maintain the business environment,Seek a balance between safety and development,You should also insist on the use of serious codes。

third,"Draft for Soliciting Bet365 app download Opinions" has increased the uncertainty of network operators in operation to a certain extent。One,"Draft for Soliciting Opinions" will merge some of the current "Network Security Law" for violating different terms.,greatly increased the administrative punishment of administrative law enforcement officers。Its two,The current "Cyber ​​Security Law" has set up a transfer provision for the administrative penalty of publishing or transmission of illegal information behavior,"Draft for Soliciting Opinions" added "Law、If the administrative regulations are not stipulated, "、The punishment clause shall be determined by the competent department.,and set up the highest penalty rules。These changes are convenient to provide convenience for administrative agencies to regulate complex and variable network affairs,Flexible handling of cases for cases。Matching the extended administrative tailoring right,The governance capacity of all aspects of the country, especially the subject of law enforcement, must also be further improved。This includes the ability of legislators to provide clear compliance guidance,The administrative ethics of law enforcers in accordance with the law、The ability to use the principle of modest administrative attitude and proportional principle,and the ability of law enforcement to communicate and collaborate with administrative counterparts,and put forward higher requirements for law enforcement supervision inside and outside the system,Can achieve the balanced development of network security and informatization。

 (this article is the basic theoretical research project of the philosophy and social sciences in Fujian Province with Marxism, the "Research Research on the Contemporary Overseas Chinese Identity" (FJ2023mgca039) in the "Contemporary Overseas Chinese Identity")

Editor in charge: Chen Jing
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