Leading the Development of National Security Law with the Overall Concept of National Security (Constructing Philosophy and Social Sciences with Chinese Characteristics)

　　Executive summary

　　Strengthening the construction of the discipline of national security law is a practical need to advance the construction of the rule of law for national security. The overall concept of national security provides scientific guidance for the development of national security jurisprudence. To continue to promote the development of national security jurisprudence, it is necessary to continue to promote academic innovation, focus on solving key and difficult problems, and build China's independent knowledge system.

　　General Secretary Xi Jinping stressed: "We must adhere to the overall national security concept, adhere to the bottom-line thinking, and resolutely safeguard national security." "Practice has proved that to implement the overall national security concept and effectively safeguard national security, it is necessary to promote the construction of the rule of law for national security. This puts forward new requirements for the extension and expansion of legal research to the field of national security and better serve the construction of the rule of law for national security. The "Opinions on Strengthening Legal Education and Legal Theory Research in the New Era" issued by the General Office of the CPC Central Committee and the General Office of the State Council have made important arrangements for strengthening the construction of national security law disciplines. At present, national security law has become a thriving emerging discipline, and in-depth exploration has been carried out in the research of the national security legal system and the theory of national security rule of law. In the new era and new journey, it is necessary to adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, take Xi Jinping Thought on the Rule of Law as the fundamental observance, implement the overall national security concept, vigorously develop national security law, and make due academic contributions to the preservation of national security.

　　Continue to promote academic innovation

　　This year marks the 10th anniversary of General Secretary Xi Jinping's creative approach to overall national security. Over the past decade, the overall concept of national security has guided the accelerated development of national security jurisprudence in response to the practical needs of national security rule of law, and has achieved innovative results in many aspects. To develop national security law, it is necessary to seize the opportunity to strengthen the construction of the discipline of national security law and continue to stimulate new impetus for the innovation and development of the discipline.

　　Expand your academic horizons. The overall concept of national security highlights the pattern of "great security", and its comprehensive, holistic, systematic, and dialectical security concept has become the academic foundation of national security law, which has enabled national security law to transcend the limitations of the past era when it mainly focused on political security and military security. The overall concept of national security adheres to the principle of taking people's security as the purpose, political security as the foundation, economic security as the foundation, military, scientific, technological, cultural, and social security as the guarantee, and the promotion of international security as the basis. It is necessary to give a new research path to national security jurisprudence with a clear people's standpoint, an overall vision, and a global sentiment with a clear view of national security, pay more attention to the study of national security issues in various fields and at all levels as a whole, and incorporate a richer and broader range of national security issues into the research vision.

　　Promote the integration of disciplines. In the past, national security law was considered to belong to the category of public law, focusing on the practice of national security legislation, law enforcement and judicial practice, focusing on the prevention, suppression and punishment of illegal and criminal acts endangering national security in accordance with the law, mainly involving legal issues in administrative law and criminal law. The overall concept of national security emphasizes the coordination of external and internal security, traditional security and non-traditional security, and vigorously promotes the expansion of national security jurisprudence into the fields of economic, social, and international law. National security law has gradually become a new world to promote the integration and development of different legal disciplines. It is necessary to continue to strengthen collaborative research and innovation in the deep integration of different disciplines of law, as well as other disciplines such as law and political science, economics, military science, and diplomacy, so as to produce more academic innovation results.

　　Enriching research topics. Over the past decade, under the guidance of the overall national security concept, the construction of the national security legal system has been accelerated, with richer content, more complete structure, and the characteristics of openness and inclusiveness. Among them, the national security law plays a dominant, comprehensive and fundamental role in the national security legal system. Focusing on the basic principles of the National Security Law, relevant organizational structures and responsibilities, legal relations, main entities and procedural systems, and legal responsibilities, national security law has formed closely linked, coordinated and relatively complete research results. In addition, the research topics around the legal system of national security have also been greatly expanded. In addition to in-depth research on the basic theories of national security law, it also conducts comprehensive research on special national security legal issues in the fields of counter-espionage, anti-separatism, counter-terrorism, national intelligence, network security, data security, anti-sanctions, anti-interference, and biosecurity. It is necessary to continue to enrich and expand the research themes and promote the vigorous vitality of national security law.

　　Focus on key and difficult issues

　　General Secretary Xi Jinping emphasized: "Problems are the starting point of innovation and the power source of innovation. "On the basis of existing research results, national security law should strengthen research on current key and difficult issues, and truly meet the urgent needs of practical work.

　　Better balance between development and security. Development is the foundation of security, and security is the condition for development. Emphasizing better coordination of development and security is a major innovation in the overall national security concept, and an inherent requirement for comprehensively promoting the construction of a strong country and the great cause of national rejuvenation with Chinese-style modernization. How to form legal rules and mechanisms to better coordinate development and security at the level of institutional design is a major issue that needs to be studied in depth in current national security law. From advocating economic globalization to engaging in "decoupling and breaking chains" to curb China's development, the actions of some Western countries fully demonstrate that development is not a purely economic issue, but is embedded in the political agenda, and development and security are more inseparable. To deepen the study of national security law, it is necessary to look at the essence through the phenomenon, adhere to the organic unity of people's security, political security, and the supremacy of national interests, resolutely safeguard national sovereignty, security, and development interests, and deeply explore institutional and legal policies to promote security development and enhance security development capabilities.

　　Risk prevention linkage upgrade. At present, the changes in a century are accelerating, the changes of the world, the times, and history are unfolding in an unprecedented way, and the factors of instability and uncertainty have increased significantly. Although various predictable and unpredictable internal and external risks and challenges have different characteristics and manifestations, they are interrelated, mutually influential, and may even be transmitted and escalated, evolving into a risk complex. On the new journey, the situation facing the mainland's national security is even more complicated. For example, some Western countries have generalized the concept of national security, politicized, pan-securitized, and instrumentalized economic and environmental issues, created obstacles to the mainland's opening up to the outside world and industrial development, and impacted the security and stability of China's industrial and supply chains; trade protectionism, unilateralism, and anti-globalization have risen, the momentum of world economic growth is insufficient, demand has weakened, and external influences have poured in, increasing the pressure on preventing systemic financial risks; ethnic separatist forces, religious extremist forces, violent terrorist forces, and geopolitical conflicts have overlapped each other; and so on. National security jurisprudence must always pay attention to and accurately grasp the new characteristics and trends of changes in the national security situation, focus on the major issue of preventing and resolving the linkage and escalation of various risks, break the thinking of departmental law, break the research boundary between national law, national law and international law, and conduct a comprehensive analysis of how to respond to risks and challenges with the power of the system.

　　Connecting theoretical and practical research. Only by paying close attention to the close integration of theory and practice can academic research have sustainable vitality. National security law is comprehensive and interdisciplinary, and its research requires the integration of knowledge from different disciplines and better integration with practice. At present, the legal practice of the national security law is becoming more and more abundant, but the basic theory of national security law has not yet played an unbalanced and insufficient role in guiding and guiding practice, which is related to the fact that some basic theoretical issues have not been deeply studied. For example, how to coordinate the different legal values of the national security law, and how to strike a balance between the protection of individual rights under the rule of law and the protection of the overall security interests of the country, etc., need to be studied in depth. In addition, there are still some difficult and blocking problems in the formulation of laws, law enforcement and justice, and supervision and safeguards, such as the lack of clarity in some important legal concepts, and there are still certain differences in understanding. On the basis of clarifying the conceptual connotation and eliminating differences in understanding, it is necessary to refine the basic theories of national security law, effectively play the role of theoretical guidance, and promote the interconnection and mutual promotion of theoretical research and practical research.

　　Construct an independent knowledge system

　　General Secretary Xi Jinping emphasized: "Accelerating the construction of philosophy and social sciences with Chinese characteristics is, in the final analysis, the construction of China's independent knowledge system. "The formation of a knowledge system is one of the important signs of the maturity of the discipline. National security law has the distinctive characteristics of emerging disciplines, interdisciplinary disciplines and frontier disciplines, and has both disciplinary independence and academic inclusiveness. The development of national security law should follow the law of discipline development and strive to build China's independent knowledge system of national security law.

　　Establish knowledge growth points around the improvement of the national security rule of law system. Improving the national security rule of law system is an important task in the current construction of national security rule of law. National security jurisprudence should proceed from actual needs, build an independent knowledge system around the construction and operation of the rule of law system for safeguarding national security, provide legal rules and institutional plans that are based on reality and effective for implementing the overall national security concept and advancing the construction of the rule of law for national security, and provide a knowledge framework and analytical tools for scientifically understanding legal phenomena, analyzing the causes of problems, answering legal problems, predicting development trends, and so forth. For example, with regard to the main body of law enforcement, it is necessary to study how to make the division of duties and powers of different departments clear and scientific and reasonable; in the area of law enforcement, we should study how to establish an enforcement mechanism with proper procedures and efficient operation; and in the aspect of the implementation of responsibilities, we should study how to link up administrative, criminal, and civil responsibilities; and so on. It is necessary to construct the basic concepts, discourses and theories of national security law in the study of these issues.

　　Systematic knowledge production is realized through refined, thematic, and diversified research. Based on the new situation and new problems in national security work, from the perspective of strengthening the supply of rules and systems, it is necessary to carry out refined, thematic and diversified legislative research, law enforcement research, and judicial research, and use the research results as a rich resource for constructing China's independent national security legal knowledge system, so as to realize systematic knowledge production. For example, we will refine the research on national security legislation, contributing new knowledge around eliminating institutional gaps and filling institutional loopholes, refine research on the application of national security laws, explore the formulation of more detailed and clear subordinate laws and judicial interpretations, increase legal knowledge and improve the accuracy of system implementation by clarifying the specific concepts, application standards and law enforcement processes of the law, and strengthen the "long-arm jurisdiction" over anti-sanctions, anti-interference and countermeasures around the construction of foreign-related rule of law The study of law enforcement procedures and responsibility implementation mechanisms has continuously strengthened the Chinese characteristics of the independent knowledge system of national security law; In addition, comparative national security law and codification research of national security law can also provide important supplements for the construction of independent knowledge system.

　　Rely on the innovation of legal research methods to improve the efficiency of knowledge innovation and creation. To a large extent, the innovation and creation of knowledge comes from the innovation and creation of academic research methods. National security law should not only use the case analysis method and legal interpretation method of law, but also learn from the research methods of other related disciplines to explore and form effective research methods suitable for the construction of China's independent knowledge system. It is necessary to adhere to the Marxist standpoint, viewpoint and method, and be good at conducting historical analysis, normative analysis, and analysis of rights and obligations, and also be good at combining new methods and technologies such as social investigation and artificial intelligence analysis, and regard method innovation and creation as a sharp tool for academic research. Persist in writing papers on the ground, deeply analyze the practice of national security rule of law construction, produce more grounded and insightful knowledge innovation and creation results, and provide an inexhaustible source of living water for the construction of China's independent national security legal knowledge system.

People's Daily (2024-04-22 Edition 09)