Recently, the Internet Law Research Center of the China Academy of Information and Communications Technology released the White Paper on Internet Law. The white paper reviews the important achievements in the field of internet rule of law during China's "13th Five-Year Plan" period, summarizes the latest progress in China's Internet legislation and some law enforcement in the past year and the latest legislative trends in the field of international network rule of law, and looks forward to the future development of the field of network rule of law.
The white paper is divided into three parts, which introduce in detail the rule of law issues such as network security, data security, content management, and network social norms outside China in the past year, as well as the introduction and promulgation of important domestic legislation, platform responsibility regulation, and network social order governance, and put forward relevant ideas for the future trend of Internet rule of law in China.
Core ideas
- The Party Central Committee's requirements for the rule of law on the Internet are gradually moving in depth, and the connotation and extension of the network according to law are constantly enriched and expanded. The Party Central Committee has made a series of strategic arrangements for the rule of law on the Internet, clarified the overall framework system for the rule of law on the Internet, determined the goal of establishing and improving the comprehensive management system of the Network, and gradually covered social governance from the real society to the cyberspace, and the importance and criticality of the Rule of Law on the Internet have been continuously highlighted.
- In 2021, China's network rule of law construction will achieve remarkable results in various fields. Important laws and regulations such as the Data Security Law, the Personal Information Protection Law, and the Regulations on the Security Protection of Critical Information Infrastructure have been promulgated, the network security regulatory system has been basically constructed, the data governance legislative system has been fully launched, the network ecological governance legislation has a strong foundation, the legislative services for network social governance have developed with high quality and people's livelihood, new technologies and new businesses have accelerated legislative exploration, and foreign-related legislation has enriched institutional tools.
- In 2021, the international Internet legal policy will be affected by the intertwining of geopolitics, economic and social development and other factors, and will be further explored and improved in various fields. Internet legislation has become an important tool for countries to shape the rules governing international governance of cyberspace. Through Internet legislation, countries establish their values in the rules of cyberspace and choose the institutional platform for the establishment of the international order, which has both a competitive side and a cooperative side. Countries are exploring legislation in new areas of cyberspace rules, and at the same time responding to new problems arising from the original internet legislation.
- As the field of online rule of law moves towards a new journey, it is necessary to further consider issues such as the legislative ideas and legislative paths of the network rule of law. The structure of social organizations and the way of connection are constantly changing, people's lives and production activities are gradually copied and transferred to online, and the main objects of social governance are transferred from offline society to cyberspace. The development of science and technology has further deepened the various relationships between people, people and things, and things, and the legal system needs to adjust the structure of ideas. It is necessary to comprehensively and systematically sort out and study key issues such as the laws, nature, and system of the network rule of law, build a basic theory of the network rule of law, and study the stage and trend of the development of the network rule of law.
Future outlook
2021 is an important year for China's network rule of law field to embark on a new journey, and we need to further think deeply on the basis of the achievements achieved in the construction of network rule of law. In accordance with the deployment of the Party Central Committee and combined with the international and domestic situations, the white paper believes that in the future, the field of network rule of law can be continuously improved from the following aspects:
- Strengthen research on the online legal system, and actively promote the formulation of supporting rules for basic legislation. The mobile Internet has been deeply popularized, the social organization structure and connection methods have been continuously changed, people's lives and production activities have gradually been copied and transferred to online, and the main objects of social governance have shifted from offline society to cyberspace. The development of 5G, the Internet of Things and other technologies has further changed the various relationships between people, people and things, and things and things, the legal adjustment system needs to adjust the framework of ideas, and the research on the rule of law in the network field is becoming more and more important. China has completed the "Data Security Law", "Personal Information Protection Law", "Cybersecurity Law", "E-commerce Law" and other basic legislation in the field of network rule of law, the institutional framework in the field of network rule of law has been basically completed, and the supporting legal system is rapidly advancing to form.
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Face up to security risks and build a legal system for risk prevention. Affected by the rapid development of network information technology, the global economic society has entered a new stage of comprehensive and in-depth "penetration" by the Internet. New technologies and new businesses have profoundly changed the pattern of political, economic and social development in terms of ideology and social development. In particular, the new concept of "metacosmology" proposed in the Field of the Internet in 2021 makes the connection between the virtual world and the real world closer, and the wider data collection that it may bring, the subversive impact on the economic order and the deeper impact on ideology are worth paying attention to.
In view of these problems in the future, in terms of legislation, we should keep pace with the times, timely track and understand the latest trends in the development of the current digital economy technology and industry, coordinate the relationship between security and development, correctly understand security risks, attach importance to both development issues and security issues, development is the foundation of security, and security is the condition for development. Especially in the face of new technologies and new business development, it is necessary to adhere to the problem-oriented, in the system design to improve the ability to prevent security as the goal, focusing on the construction of institutional tools to resolve security risks.
- Coordinate domestic rule of law and foreign-related rule of law, and optimize the institutional guarantee system for internal and external interaction and accommodation. Deeply cultivate key institutional areas, and form a basic institutional framework for effective international and domestic linkage. At present, as the first echelon of the digital economy, China has initially built an institutional framework in line with international standards in the field of network rule of law through the Basic Law. In the next step, with the globalization of the digital economy, how to achieve the unification of international rules and domestic governance at the institutional level is one of the primary issues. In the future, the areas that urgently need to build international and domestic bridging rules are reflected in the security assessment of cross-border data flows, detailed rules such as certification and accreditation and standard format contracts, rules for data transactions and development and utilization, systems for the right to personal information protection data portability, and management rules for "gatekeeper" platforms.
- Cultivate a network content ecology that integrates and complements each other, and create a diversified and innovative legal system pattern. Scientifically construct a sound legal system for content governance. Online content management is an important area involving national security, citizens' basic rights and industrial development, so it is necessary to legislate strictly and scientifically. In the process of legislation, it is necessary to deal with three main relationships: First, the multi-subject relationship of online content governance. Legislation should pay attention to the relationship between the rights and obligations of the government, enterprises and individuals at the intersection of multiple interests such as network security, national security, and citizens' rights. The second is the relationship between security and development. The relationship between online content security and the development of the digital economy is two wings of one body and two wheels of driving. To maintain the security of online content, it is necessary to uphold the guiding ideology of openness, unity and flexibility in legislation, and abandon the ideas of closure, fragmentation and absoluteness. Legislation should grasp the internal logic and connection between security and development, as well as the general trend of the development of network content, and carry out all-round overall planning at the level of concepts, means, systems and mechanisms.
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Editing, Proofreading: Founder
Review: Zheng Junliang
Source: Legal Network
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