With the development of digital technology，Data cross -border flow is increasingly frequent。Since 2016，The "Comprehensive and Progressive Cross -Pacific Partnership Agreement" (CPTPP) led by the West、Digital Trade Agreement such as the Digital Economy Partnership Agreement (DEPA) began to include data cross -border flow rules，But these rules are due to trade negotiations that belong to economic dimensions，It does not solve major concerns such as national security caused by data cross -border flow。Especially in recent years，Some countries are trying to use economic means to attract some countries to engage in his "small circle", "building walls and setting up base"。This not only ignores the legitimacy of most countries such as China，Global governance in the context of more complicated international governance worse。

The 20th National Congress of the Party pointed out: "China is actively participating in the reform and construction of the global governance system，Practice the global governance concept of co -discussion, co -construction and sharing，Adhere to real multilateralism，Promoting the democratization of international relations，Promote global governance in a more fair and reasonable direction。"" Cross -border flow treatment for data，On the one hand，my country actively improves domestic legislation，Formally apply to join CPTPP、DEPA, etc.，Actively promote international cooperation in digital governance，Efforts to "Follow" and "Run"，worth high affirmation。On the other hand，It is also necessary to start with non -economics of non -economics of data cross -border flow，Combined with your own exploration，Putting a new issue framework and Chinese solution in addition to trade negotiations，Actively promote data cross -border flow global governance system change，"Leading" in exploring the international rules of digital governance。

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First，Data cross -border flow will not only involve cross -border trade，It will also involve national security、Sovereignty jurisdiction、Private protection and other non -economic concerns。Data cross -border flow involves personal information，It also involves commercial data、Public data，Even data related to national security。This makes it an economical orientation that promotes trade，It will also bring a series of non -economic challenges。First is the national security challenge。After the "Snowden Incident" disclosed the large -scale monitoring plan，National security risks caused by the increasing importance to data on cross -border flow，Start restrictions or prohibit finance、Data from sensitive fields such as medical and health。Next，Data large -scale cross -border flow，greatly impacts traditional national sovereignty based on national boundaries，Especially the jurisdiction of the judicial law enforcement of a country。For this，All countries have issued legislation that maintains the jurisdiction of sovereignty，Not only the "blocking clause" that prohibits overseas judicial law enforcement from obtaining data without the consent of the country，It also includes "data localized storage requirements" in the country in the country in the country。Last，Corporate data、Personal information and other cross -border flow，It will also cause concern to the protection of cross -border private rights。

Second，Digital trade rules because of the limitations of economic and trade dimensions，Unable to solve the country's security caused by data cross -border flow、major concerns and regulatory differences in the jurisdiction of sovereign jurisdiction，Unexpectedly need to explore the formulation of a new global governance framework。At present, the digital trade negotiations initiated by the West in the West only cover the above part of the concern，In addition to incorporated personal information protection issues that EU strongly advocated，National security concerns are just "exceptions" Bet365 app download as free trade，The jurisdiction of judicial law enforcement does not involve。National security concern for data cross -border flow，Although CPTPP、DEPA, etc., specifies special exceptions，That is, "To achieve legal public policy goals, you can take or maintain restrictions on information cross -border flow"，But the connotation of "legal public policy goals" is not clear，and the exception of national security in this mode is only the "exception" of free trade，Application is often very difficult，Therefore, it is generally believed that these exceptions are difficult to be used as a legitimate basis for implementing universal regulatory measures based on national security.。

third，Some countries bundle "data free flow" with "freedom of trade".。Take the United States as an example，The United States first tied the two for discussion，And ignore other concerns of national security on the grounds of trade negotiations。Reasons for the reason，On the surface, it is limited to digital trade themes，But considering the high degree of concern and a large number of legislations of the United States' jurisdiction over data security and data，For example, the "Modernization Law of Foreign Investment Risk Examination" in recent years, "Clarifying the Legal Data Law of Overseas Overseas" and "Protecting the sensitive data of Americans from foreign opponents" administrative orders。The depth behind this is that the United States borrows the conceptual framework of "freedom of trade"，Put forward the confusing slogan of "free flow of data"，Cross -border free flow through advocating thorough data，Support its advanced digital technology companies to develop global markets，Make massive data flow back to the United States，to maintain its dominant position in the global digital market and network space。

　　Constructing a Chinese scheme with compatibility framework

my country has long realized that it only explores the limitations of cross -border flow from the perspective of trade。In recent years，my country's proposal "Data Cross -border Security Flow" concept，Launch "Global bet365 best casino games Data Security Initiative"，Start with major concerns from data cross -border flow，The institutional framework of the "dual -track parallel" of data outbound regulation regulations: First, the "personal information cross -border provision system" stipulated in the "Personal Information Protection Law"，Provides a variety of legal ways for personal information cross -border flow，It is conducive to promoting my country's integration with other economies。Second, the "Important Data Outbound Security Management System" stipulated in the Data Security Law and Network Security Law，From a worldwide perspective, the system's exploration has greatly developed the rule of law architecture based on national security concerns and regulating data，provides a new institutional option for global response to this challenge。

Based on the exploration of my country's system，Promoting data cross -border flow global governance system changes，It should be adhered to the "coordinated and promoted domestic rule of law and foreign -related rule of law"，Both consider regulating "data outflow"，Avoid data from being obtained abroad，It is also necessary to consider the impact of regulatory measures on the "data internal flow" of Chinese enterprises，Avoid misunderstanding that my country is misunderstood as "security" as a reason to hinder data flow and manufacture trade barriers，This can truly adapt to the comprehensive layout of our country in the digital economy globalization。This should be "respecting the network sovereignty proposed by our country、Building a Community of Destiny of Network Space "is the basic prerequisite，Promote the compatibility framework of global governance on common concern。

First，Establish the concept of basic governance: Promote legitimately controllable data cross -border flow。From the requirements of the Data Security Law，"Security" of "Data Cross -Border Security" proposed by my country，In fact, it has surpassed the understanding of traditional data security，It also includes data utilization security in connotation。This use security is the legitimacy and controllability Bet365 app download of the large -scale flow and utilization of data under the digital economy era，and legitimacy and controllability should be completely covered with national security、Sovereignty jurisdiction、Protective Protection and other common concerns。In order to accurately express common governance concerns and more appeal，It is recommended to upgrade the concept of data cross -border "security flow" to data cross -border "legitimate controllable flow" concept。This concept compared to "G20 Osaka Digital Economy Declaration" "Trusted Cross -Border Data flow"，Emphasize objectivity、legitimacy and tolerance，It is more conducive to promoting global governance of all countries to move towards win -win cooperation。

Second，Preventing national security risks: Clarify the scope of important data to clarify the "negative list"。At the international level，It should be to maintain national security、Public interests and important data are proposed as independent issues，No longer believes that it is only a "exception clause"。In digital trade negotiations，can be drawn up and proposed a separate "important data clause"。In view of important data, it may seriously affect national security、Public interest，It should be based on the regulation of regulatory methods、Supplement of supervision after incident，The data outbound security assessment system recently introduced in my country is an important starting point for pre -supervision。In terms of system compatibility，Due to important data, national security，It is inseparable from a nation's conditions，Its specific range can allow countries to determine，But some basic principles should be established，Such as "Do not hinder the flow of data that controlled legitimacy"。At the domestic level，Should clarify the scope of important data as soon as possible under the guidance of the overall national security outlook，Clarify the "negative list" of my country's data outbound。Considering the complexity of different industries and different fields，You can replace the specific scope of bet365 Play online games direct listing of important data through the specified important data identification system。

third，Maintenance of judicial law enforcement jurisdiction: Pay attention to data access rights instead of relying on localized storage。Traditional judicial assistance procedures need to communicate and handle through the specialized agencies of both parties，Often complicated, lengthy and inefficient，It has become increasingly not adapted to the needs of the global development and rapid solution of the digital economy。In this case，A mode that appeared directly from the "Data Controller"，This model of concern for data access has greatly improved judicial law enforcement efficiency，It is worth learning from。Actually，For judicial law enforcement cross -border retrieved data，The location of the data storage is not the key，The key is to ensure the right of data access。To protect this data access right，It can specify the legal liability that the obligations should be assumed when not providing the data。So，Can greatly reduce the data requirements required by the jurisdiction of judicial law enforcement。

Fourth，Protect personal information rights: improve the cross -border accountability system to ease the pressure of the pre -supervision。Personal information flows in countries or regions with different levels of protection，The key is how to promote compatibility of different levels of protection systems。Compatible with other countries in terms of personal information cross -border rules，You can learn from the European Union and the United States，also mining the pre -supervision mode and the post accountability mode，Establish a "white list" system based on the principle of peering in bilateral or multilateral negotiations; considering the pressure of pre -supervision、The need for post -event supervision in the event and the cost of pre -approval by professional institutions，You should also study and improve the bet365 best casino games accountability mechanism of overseas processors，To avoid excessive relying on the anterior mechanism and cause improper hindrance to the data flow; this post -to -post accountability mechanism should be included in the bilateral or multilateral judicial assistance agreement between my country and other countries，To enhance the execution of post -incident accountability。other，Out of scientific research needs for vaccine research，It should also consider formulating special rules on the exit of personal information in the field of scientific research。

　(This article is the Chinese Plan for Implementing the Data Cross -border Migraphic Global Governance System "(CLS (2022) C56) in the Chinese Law Society at the Ministry of Law Society) (the author is a researcher at the Institute of Rule of Law of the Chinese Law Society)