Article 3 of the National bet365 Play online games Law implemented in 2015 stipulates: “National bet365 Play online games work should adhere to the overall national bet365 Play online games concept,Taking people’s safety as the purpose,Based on political bet365 Play online games,Based on economic bet365 Play online games,Military、Culture、Social bet365 Play online games is the guarantee,Relying on promoting international bet365 Play online games,Maintaining national bet365 Play online games in all fields,Building a national bet365 Play online games system,Take the path of national bet365 Play online games with Chinese characteristics。”In recent years,Basic laws and regulations in the field of digital bet365 Play online games such as the "Cybersecurity Law", "Critical Information Infrastructure bet365 Play online games Protection Regulations", "Data bet365 Play online games Law" and "Personal Information Protection Law" have been promulgated,Initially building a digital bet365 Play online games legal protection system。How to implement the overall national bet365 Play online games concept with digital rule of law,Is the key issue that needs to be solved urgently。
Coordinate the relationship between bet365 Play online games, development and rights protection
The overall national bet365 Play online games concept is based on politics、Economy、Society、Military、The integrity of national bet365 Play online games work at the cultural and international levels、Comprehensive and systematic thinking,Not only covers bet365 Play online games needs from different dimensions,Also involves consideration of their interrelationships and weights。In the process of building the rule of law for digital bet365 Play online games,In accordance with the requirements of the overall national bet365 Play online games concept,On the basis of safeguarding "national sovereignty" and "cyberspace sovereignty",Coordinate bet365 Play online games、The relationship between development and rights protection is crucial。
First,bet365 Play online games is the cornerstone value of digital rule of law。Digital bet365 Play online games maintenance is the foundation,No network bet365 Play online games、Data bet365 Play online games and National bet365 Play online games,Digital society cannot function properly,The digital economy is unlikely to achieve rapid development。Digital economy based on 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,Advancement of information and communication technology、Applicability、Integrity、Reliability directly determines the bet365 Play online games level of network operation and its potential risks。Confidentiality of information、Integrity and availability are the core issues that need to be focused on in data bet365 Play online games maintenance。Digital bet365 Play online games maintenance involves the protection of personal property and personal rights、Carry out normal production and business activities of the enterprise、Great economic and social development and even national bet365 Play online games。Build a strong digital bet365 Play online games barrier,Let digital civilization benefit people of all countries,It is a major practical issue facing all countries in the world。
Secondly,Efficiency is the core value of digital rule of law。The development of digital economy is related to economic growth、Improvement of social welfare and competition in comprehensive national strength。current,my country’s high-end chip design、Key technologies such as manufacturing still face problems such as "stuck",It is urgent to accelerate the construction of a legal system that promotes the high-quality development of the digital economy。To this,The party and the country have made comprehensive arrangements for the development of the digital economy and its rule of law。The "Decision of the Central Committee of the Communist Party of China on Several Major Issues on Comprehensively Promoting the Rule of Law" passed by the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China proposed to "strengthen legislation in the Internet field";The report of the 19th National Congress of the Communist Party of China proposed to build a network power、Digital China and Smart Society;The State Council issued the "14th Five-Year Plan for Digital Economic Development" in 2021;The report of the 20th National Congress of the Communist Party of China proposed to "accelerate the development of digital economy,Promote the deep integration of digital economy and real economy,Build an internationally competitive digital industry cluster”。The digital economy involves advanced technology research and development and the development of leading industries,Is the engine of global economic development in the next ten years,Only full development,In order to obtain real bet365 Play online games。
Finally,Rights protection is the fundamental value of digital rule of law。In the context of digital economy,The connotation and denotation of the concepts of time and space have been transformed,The emergence of what Manuel Castells called “space of flows” and “timeless time”,Personal freedom has been greatly expanded。With the development of new media,The users and audiences of new media have changed dramatically,“Everyone has a microphone”,The Internet greatly “empowers” personal expression。But,The development of the digital economy also brings the risk of rights being restricted and infringed。For example, digital industrialization and industrial digitization have created the rise of digital super platform companies,Also brings about the reconfiguration of social power,Has strong market power among platform companies,When you have massive personal data and can operate across borders,Its market and social influence is increasing day by day,The rise of digital super platform companies and their increasingly important social role,May erode the foundation of freedom。How to fully protect rights in the digital society,It is a major theoretical and practical issue that cannot be avoided。Digital Economic Development、Digital bet365 Play online games is fundamentally a process to fully empower social subjects。
Optimizing the institutional supply of legal guarantees for digital bet365 Play online games
Current,Although the country has carried out intensive legislation in the field of digital bet365 Play online games,The "Criminal Law" has been amended several times to accurately combat crimes in the computer and network fields,But the digital bet365 Play online games field violates citizens’ personal information、Intrusion into computer network、Types of cases such as failure to fulfill data bet365 Play online games protection obligations are still at a high incidence stage。Requirements combined with the overall legislative objectives of digital bet365 Play online games rule of law,Need to explore more effective regulatory approaches,Further strengthening digital bet365 Play online games from the perspective of overall national bet365 Play online games。
First,Clear my country’s national digital bet365 Play online games strategy。Report from the United Nations International Telecommunications Union,More than 70 countries have issued national strategies on cybersecurity。The latest "National Cyber bet365 Play online games Strategy" promulgated by the United States in 2023 not only continues to regard China as a major threat,Also from the strategic positioning of network bet365 Play online games、Protect critical infrastructure、Innovation and reform have been carried out in promoting strategic initiatives such as public-private cooperation and international cooperation,To realize the transformation from "implementing deterrence strategy" to "active defense"。In this context,Our country needs to build on the 2016 National Cyberspace bet365 Play online games Strategy,Based on the current development status of my country’s digital economy、International competition situation and future development goals to build my country’s national digital bet365 Play online games strategy,While safeguarding "national sovereignty" and "cyberspace sovereignty",Taking into account data bet365 Play online games、Guarantee of network bet365 Play online games and national bet365 Play online games,Full response to international competition。
Second,Optimize the digital bet365 Play online games management system and mechanism。In terms of digital bet365 Play online games management system,There are many departments with digital bet365 Play online games management authority in our country,There is a lack of clear division of bet365 Play online games management authority between different departments and different levels of government,Need to optimize the overall architecture of digital bet365 Play online games management,Building an interconnected data bet365 Play online games supervision platform,Guarantee network infrastructure、Safe and stable operation of information systems and maintenance of important data bet365 Play online games。In terms of digital bet365 Play online games regulatory measures,Monitoring and warning、Classified and hierarchical management、bet365 Play online games standards and other important policy tools for digital bet365 Play online games supervision,Only by improving safety technology、Be prepared for safety warning、Improving digital bet365 Play online games standards,Only in order to effectively respond to changes in the digital market and the development of digital technology。Also,Digital bet365 Play online games management departments should strengthen their own capacity building and improve their personnel knowledge structure,Through regulatory digitalization and intelligent transformation,Comprehensively improve digital bet365 Play online games supervision capabilities。
Third,Refining digital bet365 Play online games regulatory rules。In response to the legal needs brought about by the rapid development of the digital economy,In recent years,Our country has carried out intensive legislation in the field of digital economy including digital bet365 Play online games,But it also significantly increases the compliance costs for enterprises and other social entities in the digital economy legal system。Take data outbound bet365 Play online games management as an example,The "Data bet365 Play online games Law" and the "Cybersecurity Law" only provide general provisions on the bet365 Play online games management of data export,Although the Cyberspace Administration of China has formulated departmental regulations such as the "Measures for bet365 Play online games Assessment of Data Exit",But it is mainly limited to the framework and procedural regulations on safety assessment and other aspects。In practice,Data outbound bet365 Play online games assessment exists and the assessment process is not transparent、Inconsistent evaluation standards、Problems such as low evaluation efficiency,Seriously affecting the normal flow of cross-border data。2023,Identification of important data in the "Regulations on Regulating and Promoting Cross-border Data Flows (Draft for Comments)" drafted by the Cyberspace Administration of China、The specific circumstances that do not require declaration of data export bet365 Play online games assessment have been clearly stipulated or listed,This is crucial to clarify the institutional boundaries of data outbound bet365 Play online games assessment,Greatly reduces the cost of regulatory compliance in digital bet365 Play online games。
Fourth,Building a digital bet365 Play online games diversified governance system。In Digital bet365 Play online games Governance,Need government、Platform、Enterprise、Joint participation and effective collaboration of diverse entities such as industry organizations and the public。In accordance with the provisions of the "Data bet365 Play online games Law",Public authorities must bear data bet365 Play online games obligations,Includes establishing data bet365 Play online games risk assessment、Report、Information Sharing、Monitoring and early warning mechanism,Establish a data bet365 Play online games emergency response mechanism,Establish a data bet365 Play online games review system, etc.;Data processors must bear corresponding data bet365 Play online games protection obligations,Including establishing and improving the full-process data bet365 Play online games management system,Organize data bet365 Play online games education and training,Take corresponding technical measures and other necessary measures,Ensure data bet365 Play online games, etc.。For public authorities,Due to data bet365 Play online games risk assessment、Report、Information Sharing、Monitoring and early warning mechanisms have public goods attributes,Provided by government departments is a more efficient system option;For data processors,Based on benefit criteria、Capacity Standard or Minimum Processing Cost Standard,In many cases,It is appropriate for data processors to assume data bet365 Play online games protection obligations。In establishing digital bet365 Play online games obligations of data processors,It is necessary to use general rules to play the main role of enterprises in bet365 Play online games maintenance,Comprehensively implement safety protection obligations,We must also take into account the economy in which the enterprise operates、Technical links and market position,For digital platform companies、Category management by processors of important data and operators of critical information infrastructure,Building a digital bet365 Play online games protection community。
(This article is part of the National Social Science Fund’s major project “Research on Basic Issues in Digital Rule of Law from the Perspective of Systems Theory” (22&ZD201) phased results)
(The author is from Shenzhen University Law School、Professor, Institute of Innovation and Development of Law, Shenzhen University)
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