Article 3 of the National Security Law implemented in 2015 stipulates: "National security work shall adhere to the overall national security concept,With people's safety as the purpose,Taking political security as the fundamental,Based on economic security,Military、Culture、Social Security is guaranteed,Relying on promoting international security,Maintain national security in various fields,Construction of the national security system,Follow the national security road with Chinese characteristics。"" In recent years,The "Regulations on the Protection of the Security Protection of Key Information Infrastructure", "Data Security Law" and "Personal Information Protection Law" and other digital security areas have been introduced.,Establish a digital security legal protection system。How to implement the overall national security concept,is the key problem that needs to be solved urgently at present。
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The overall national security concept is from politics、Economy、Society、Military、Culture and international levels of the overallness of national security work、Comprehensive and systematic thinking,Not only does it include the safety needs of different dimensions,It also involves consideration of the relationship and weight of its relationship and weight。During the construction of digital security rule of law,According to the requirements of the overall national security concept,On the basis of maintaining "national sovereignty" and "network space sovereignty",Coordinated safety、Development and Rights Protection The relationship between the three is important。
First,Security is the cornerstone value of digital rule of law。Digital security maintenance is the basis,No network security、Data security and national bet365 best casino games security,Digital society cannot run normally,The digital economy cannot get a lot of development。Digital economy with big data、Artificial Intelligence、Cloud computing、Blockchain、Mobile Internet、The application of information and communication technologies such as the Internet of Things is the basis and carrier,Advancedness of information and communication technology、Applicability、Integration、reliability, etc.。Confidentiality of information、Integration and availability are the core issues that need to be focused on data security maintenance。Digital security maintenance involves personal property and personal rights protection、Development of normal production and operation activities of enterprises、Economic and social growing and even national security protection。Build a digital security barrier,Let the digital civilization benefit the people of all countries,It is a major practical topic facing the current countries in the world。
Next,Efficiency is the core value of digital rule of law。Digital economic development is related to economic growth、Promoting social well -being and comprehensive national strength competition。Current,my country's high -end chip design、Manufacturing and other key technologies still face problems such as "card neck",The rule of law system that accelerates the construction of the high -quality development of the digital economy is imminent。For this,The party and the country have made a comprehensive deployment of the development of the digital economy and the construction of the rule of law in the rule of law。The "Decision of the Central Committee of the Communist Party of China on the Comprehensive Promoting Several major issues of governing the country in accordance with the law" passed by the Fourth Plenary Session of the Eighteenth Central Committee of the Eighteenth Central Committee proposed "strengthening legislation of the Internet field";、Digital China and Smart Society; in 2021, the State Council issued the bet365 Play online games "" Fourteen Five -Year Plan "Digital Economic Development Plan";,Promote the deep integration of the digital economy and the real economy,Create a digital industry cluster with international competitiveness "。Digital Economy Digital Economy Involved in Advanced Technology R & D and Guide Industry Development,is the engine of global economic development in the next decade,Only fully developed,Only to get real security。
Last,Protection of rights is the fundamental value of digital rule of law。In the context of the digital economy,The connotation and extension of time and space concepts have changed,Manuel Castle appeared "Space of Flows" and "Timeless Time",Personal freedom has been expanded greatly。With the development of new media,The main body and audience of the new media have changed huge changes,"Everyone has a microphone",The Internet expresses the Internet for personal remarks to greatly "empowerment"。but,The development of the digital economy also brings the risk of restrictions and violations of rights。If digital industrialization and industrial digitalization created the rise of digital super platform companies,It also brings the re -configuration of social power,Has a strong market forces on platform companies,When you have a large amount of personal data and can operate cross -border,Its market and social influence increased day by day,The rise of digital super platform companies and the increasingly important social roles it is,It may erode to the foundation of freedom。How to fully guarantee rights in digital society,It is a major theory and practical problem that cannot be avoided。Digital economy development、Digital security guarantee is fundamentally in order to fully empower the social subject。
System supply to optimize the guarantee of digital security rule of law
Current,Although the country has carried out dense legislation in the field of digital security,and revised the Criminal Law multiple times to accurately combat criminal bet365 Play online games acts in the computer field and the network field,But the digital security field violates the personal information of citizens、Invasive computer network、Cases that do not fulfill the obligation of data security protection are still in the high incidence stage。Requirements for the overall legislative goals of the rule of law in combination with digital security,Need to explore more effective regulation,Further strengthening digital security guarantee under the perspective of overall national security。
First,Clear national strategy of digital security in my country。Report by the United Nations International Telecom Alliance shows,At present, more than 70 countries have released national strategies in network security。The latest "National Network Security Strategy" in the United States in 2023 not only continues to regard China as the main threat,Also positioning from network security strategy、Protect key infrastructure、Innovation and reforms have been carried out in strategic measures such as public -private work and international cooperation,To realize the transformation from "implementation deterrence strategy" to "active defense"。In this context,my country needs to be based on the 2016 "National Network Space Security Strategy",Based on the current status of the digital economy in my country、International competition situation and future development goals to build my country's digital security national strategy,While maintaining "national sovereignty" and "network space sovereignty",Take care of data security、Conduct of Network Security and National Security,Fully cope with international competition。
Second,Optimize the digital security management system and mechanism。In terms of digital security management system,The number of departments with digital security management powers in my country is large,The lack of a clear division of safety management authority between different departments and governments between different levels,The overall bet365 Play online games architecture of digital security management needs to be optimized,Constructing an interconnected data security supervision platform,Guarantee network infrastructure、The security and stable operation and maintenance of important data security of the information system。In terms of digital security supervision measures,Monitoring and early warning、Classification Holocating Management、Safety standards, etc. are important policy tools for digital safety supervision,Only improving safety technical means、Do a good job of safety warning、Improve digital security standards,can we effectively respond to the development of digital market changes and the development of digital technology。Another,Digital Security Management Department shall strengthen their own ability construction and improve personnel knowledge structure,Digitalization and intelligent transformation through supervision,Comprehensive improvement of digital security supervision capabilities。
Third,Refined digital security regulation rules。The rule of law needs brought by the rapid development of the digital economy,In recent years,my country has carried out dense legislation in the digital economy field, including digital security guarantee,But it also significantly increased the compliance cost of enterprises and other social subjects in the digital economy legal system。Take data outbound security management as an example,"Data Security Law" and "Network Security Law" have only generalized regulations for data outbound security management,Although the State Cyber Information Office has formulated the "Measures for Evaluation of Data Outbound" and other departments,But it is mainly limited to the framework and procedural regulations of safety assessment and other aspects。In practice,Data Outbound Security Evaluation Existing Evaluation Procedure opaque、Evaluation standards are inconsistent、Low evaluation efficiency and other questions,Bet365 app download seriously affects the normal flow of cross -border data。2023,The "Regulations and Promoting Data Cross -border Migraphic Regulations (Draft for Opinions)" drafted by the State Cyber Information Office、The specific situation of the data outbound security assessment is clearly specified or listed,This is crucial to clarify the institutional boundary of data outbound security assessment,greatly reduced the system of digital security compliance with cost。
Fourth,Build a digital security diversified governance system。In digital security governance,Need the government、Platform、Enterprise、Common participation and effective collaboration between industry organization and the public。According to the provisions of the Data Security Law,Public rights organs should bear the obligation to security security,Including the establishment of data security risk assessment、Report、Information sharing、Monitoring and early warning mechanism,Establish a data security emergency response mechanism,Establish a data security review system, etc.; Data processors must bear the corresponding data security protection obligations,Including the establishment and improvement of the full -process data security management system,Organize data security education training,Take corresponding technical measures and other necessary measures,Guarantee data security, etc.。For the public authority,Due to data security risk assessment、Report、Information sharing、Monitoring and early warning mechanism, etc. with public belongings,provided by government departments is the more efficient system choice; for data processors,Based on the beneficiary standard、Capability standard or minimum processing cost standard,In many circumstances,The obligation to bear data security protection by the data processor is appropriate。In terms of establishing data processor digital security obligations,Both the role of enterprise in terms of safety maintenance Bet365 app download through general rules,Comprehensive implementation of the obligations of safety protection,It is also necessary to take into account the economy of the enterprise、Technical link and market status,For digital platform enterprises、The processor of important data and key information infrastructure operators conduct classification management,Create a digital security protection community。
(This article is the Study of the Basic Issues of Digital Law in Systematic Vision of the State Social Science Fund "Study on the Basic Issues in the System of Perspective" (22&ZD201) Staged results)
(The author is Shenzhen University Law School、Professor of the Institute of Innovation and Development of Shenzhen University)
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