One is the construction of China's first basic law on cyberspace jurisdiction.
As the first law for the state to implement cyberspace jurisdiction, the Cybersecurity Law belongs to the basic laws of the state and is the important foundation of the cybersecurity legal system. This basic law regulates the responsibilities and obligations of multiple subjects in cyberspace, giving rise to a "common destiny" in the form of law to safeguard national sovereignty, security and development interests. Specifically, it provides for the general objectives and basic principles of the network information security law; regulates the rights and obligations of different subjects in the network society and their status; establishes a system of website identity authentication and the implementation of real names in the background; establishes a system for the confidentiality of network information and the protection of the privacy of network subjects; establishes a procedure and system for the supervision and control of network information security by administrative organs; and provides for the punishment and combating of crimes relating to network information security; As well as providing for specific litigation relief procedures and so on.
The introduction of the Cybersecurity Law fundamentally fills the three major gaps in China's comprehensive basic law on network information security, the core law on network information security and specialized laws. The introduction of the law into the overall goal of modernization of governance capacity and governance system, into the National Security Law of the big pattern, into the fast lane of network power, into the new world of big data, into the general layout for the well-being of the people.
Third is to serve the national network security strategy and the construction of a strong network state.
Nowadays, cyberspace has gradually become a new field of competition and strategic game for the world's major countries. As a country with a large number of Internet users and under continuous development, China has been feeling the strategic pressure from the existing hegemon, the United States. This determines that cyberspace has become a new frontier for our national interests; it has become an urgent task for our country to establish a code of conduct and a model for cyberspace. Modern countries are necessarily rule of law countries, and the regulation of state behavior is determined by law. And the forthcoming Cybersecurity Law clearly sets out the legal requirements on issues such as national cyberspace security strategy and security planning for important areas. This helps to realize the advancement of China's national cybersecurity in the field of clear strategic intent, establish clear goals, clarify the code of conduct, not only to enhance China's ability to safeguard its own cybersecurity, but also to help advance the development of an effective strategic game with other countries and actors on the issue of cybersecurity.
Fourth, the spirit of the rule of law should be implemented in the field of cyberspace.
The Fourth Plenary Session of the 18th Central Committee adopted the Decision of the Central Committee of the People's Republic of China on Several Major Issues Concerning Comprehensively Promoting the Rule of Law, which points out the direction of modernizing China's national governance system and governance capacity, and also provides a guide to cyberspace governance. The rule of law is being put into practice and integrated into every aspect of state administration, social governance and citizens' lives. Compared with fields and industries that are already relatively mature, the Internet sector can be called a barren land, because the rapid development of the Internet has only been about twenty years, and many regulatory and governance tools are added later in light of problems as an afterthought. But this time, the Cybersecurity Law breaks down the barriers and sets aside the clouds to see the sun, raising the banner of the rule of law, opening up a brand-new situation of governing the Internet according to law, and becoming a ****building ****healthy path practice under the top-level design of the rule of law. Rule of law has become the main line and lead of China's cyberspace governance, and the rule of law is used to seek long-term security of net governance. The Cybersecurity Law also takes into account the openness and interconnectivity of the network, strengthening international cooperation and coordination of the rule of law, so that there is no place to hide from the cybercrime faced by mankind *** with, through scientific and effective, detailed laws to punish and constrain, and to achieve the purpose of righting the wrong.
Fifth, it will become a legal guideline and basis for universal compliance by network participants.
The network is not a place outside the law, "Network Security Law" for all parties involved in the behavior on the Internet to provide very important guidelines for all participants to regulate their own behavior in accordance with the requirements of the "Network Security Law", and likewise all the activities carried out by all the main actors in the network, including state management, the participation of individual citizens, institutions involved in the online, e-commerce, etc., to comply with the requirements of this law. The Cybersecurity Law contains clear provisions on the security obligations of network product and service providers, elevates the existing security certification and security testing system into law, and strengthens the security review system. Through these provisions, it makes all network behaviors legally enforceable and compliant, and any behavior that touches the bottom line of the law for personal interests will be sanctioned by the law.
Sixth, to help the governance of cyberspace, escort "Internet +".
Currently, China has become a veritable cyber power. As of June 2016, the number of Chinese Internet users reached 710 million. But the reality of the network environment is very worrying, network fraud endless, network invasion abound, personal privacy wantonly leaked. According to the "Survey Report on the Protection of the Rights and Interests of Chinese Internet Users
(2015)" released by the Internet Society of China, 63.4% of Internet users' call records, online shopping records and other information have been leaked; 78.2% of Internet users' personally identifiable information has been leaked, and the overall loss due to the leakage of personal information, spam, and fraudulent information has amounted to about 80.5 billion yuan. However, most of the previous provisions on network information security are scattered in numerous administrative regulations, rules and judicial interpretations, thus failing to form a targeted, applicable and forward-looking legal system. The introduction of the "Network Security Law" will become a new starting point and turning point, the protection of citizens' personal information into the right track, network violence, network rumors, network fraud and other "tumor" survival space will be greatly squeezed, and the "four" China's good netizens from the moral self-awareness Toward legal norms, with legal weapons to protect their legitimate rights and interests. The national cyberspace governance capacity will be greatly enhanced under the legal framework, creating a good and harmonious Internet environment, and escorting the long-term development of "Internet+". The market economy is essentially a credit economy, the essence of which lies in the open market + perfect law, in this sense, "Internet +" must bring "security" in order to fly to the long term.
Legal basis:
Network Security Law, Article 21: The state to implement network security level protection system. Network operators shall, in accordance with the requirements of the network security level protection system, perform the following security protection obligations to safeguard the network from interference, damage or unauthorized access, to prevent network data leakage or theft, tampering:
(a) the development of the internal security management system and operating procedures, to determine the person in charge of network security, and the implementation of the responsibility for the protection of network security;
(ii) To take technical measures to prevent computer viruses and network attacks, network intrusion and other hazards to network security behavior;
(c) to take technical measures to monitor and record the network operation status, network security events, and in accordance with the provisions of the retention of the relevant network logs for not less than six months;
(d) to take measures such as data categorization, backup of important data and encryption;
(e) ) Other obligations stipulated by laws and administrative regulations.
Article 31 of the Cybersecurity Law: The State shall, on the basis of the network security level protection system, implement key protection for key information infrastructures in important industries and fields such as public **** communication and information services, energy, transportation, water conservancy, finance, public **** services and e-government, and other critical information infrastructures which, once damaged, lose their functions or have their data leaked, may seriously jeopardize the security of the country, the state's economy and people's livelihood, and the interests of the public ****, and shall implement key protection on the basis of the network security level protection system. On the basis of the network security level protection system, key protection shall be implemented. The specific scope of critical information infrastructure and security protection methods shall be formulated by the State Council.
The State encourages network operators other than critical information infrastructures to voluntarily participate in the critical information infrastructure protection system.