promoting the construction of a cyber power with good laws and good governance
2024-09-01
한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina
author: wang jiang (president and senior engineer of china cyberspace research institute)
the internet is an important achievement of the development of human civilization, and the rule of law is the basic way of internet governance. general secretary xi jinping attaches great importance to the rule of law in the internet, and has incorporated the rule of law in the internet into the overall situation of comprehensively governing the country according to law and building a strong cyber power. he has repeatedly stressed the need to adhere to the rule of law in the internet, the operation of the internet, and the internet access in accordance with the law, so that the internet can operate healthily on the track of the rule of law. the "decision of the central committee of the communist party of china on further deepening reforms and promoting chinese-style modernization" adopted at the third plenary session of the 20th central committee of the party proposed to strengthen the rule of law in cyberspace and improve the long-term mechanism for network ecological governance. under the guidance of xi jinping thought on socialism with chinese characteristics for a new era, especially xi jinping's thought on the rule of law and general secretary xi jinping's important thoughts on building a strong cyber power, my country has made historic achievements in the construction of the rule of law in the internet, firmly escorted the construction of a strong cyber power, and embarked on a path of internet governance with chinese characteristics, and also contributed chinese wisdom and solutions to the development and governance of the global internet.
1. governing the internet in accordance with the law is an issue of the times for comprehensively governing the country according to the law
since the 18th national congress of the communist party of china, the party central committee with comrade xi jinping as the core has stood at the political and strategic heights of consolidating the party's long-term ruling status, emphasizing that "if we cannot pass the test of the internet, we cannot pass the test of long-term governance." it has scientifically grasped the overall, systematic, and coordinated characteristics of internet development and governance, reformed and improved the internet management leadership system and mechanism, and focused on strengthening the party central committee's centralized and unified leadership over internet information work, and implemented the party's requirements for internet control in the entire process and all aspects of network rule of law work, ensuring that network rule of law always moves forward in the correct political direction and path.
the construction of cyber rule of law is an inevitable requirement for the comprehensive rule of law. the third plenary session of the 20th cpc central committee proposed that the rule of law is an important guarantee for china's modernization and comprehensively promotes the rule of law in all aspects of national work. promoting the construction of china's cyber rule of law is an inevitable requirement for the comprehensive rule of law, and it is also a concrete manifestation of the comprehensive rule of law in cyber governance. at present, the impact of the development of network technology on human society is unprecedented. how to govern cyberspace in accordance with the law and realize the transition from a cyber power to a cyber power is a major issue of the times. the party central committee with comrade xi jinping as the core has comprehensively implemented the strategy of ruling the country by law and building a cyber power, established a top-level design mechanism for the construction of cyber rule of law, clarified the important position, strategic goals, principles, requirements, international propositions and basic methods of cyber rule of law in the overall situation of the party and the country, and provided scientific guidance, fundamental compliance and action guidelines for doing a good job in cyber rule of law in the new era.
the construction of cyber rule of law is an important guarantee for the development of new productivity. general secretary xi jinping pointed out: "the internet and information industry represents new productivity and a new direction of development." at present, a new round of scientific and technological revolution and industrial transformation is developing in depth, the role of data production factors is becoming more and more critical, and digitalization has become an important driving force for the development of new productivity. effectively playing the leading, normative and guaranteeing role of cyber rule of law in stimulating innovation vitality, optimizing resource allocation, and ensuring high-quality development is the premise and foundation for empowering the development of new productivity with high-level rule of law. under the new development pattern of china's economy, adhering to the chinese-style modernization to lead the construction of cyber rule of law, promoting the unity of development and legal management, and giving full play to the role of rule of law in consolidating the foundation, stabilizing expectations, and benefiting the long-term, will provide a strong legal guarantee for all industries to promote digital transformation and intelligent upgrading in a standardized and orderly manner. at the same time, it will also lead the healthy development of new technologies and applications such as artificial intelligence, the internet of things, and the next-generation communication network on the track of the rule of law, and continue to give birth to new productivity.
the construction of cyber rule of law demonstrates china's experience and wisdom in internet governance. "china must be good at using the rule of law as it goes global and participates in international affairs as a responsible major country." general secretary xi jinping creatively proposed the "four principles" for promoting the reform of the global internet governance system and the "five propositions" for building a community with a shared future in cyberspace, emphasizing that china is willing to work with all countries to strengthen dialogue and exchanges, effectively manage differences, promote the formulation of international rules for cyberspace that are generally accepted by all parties, and jointly maintain peace and security in cyberspace. since the 18th national congress of the communist party of china, my country has actively carried out bilateral and multilateral dialogues and consultations on cyber rule of law, exchanges and mutual learning, strengthened international law enforcement and judicial cooperation on cyber security, built an international platform for interconnection with the world and a chinese platform for the co-construction and sharing of the international internet, and successively put forward documents such as the "global data security initiative" and the "global artificial intelligence governance initiative", advocating that on the basis of independence, complete equality and mutual respect, we should jointly participate in the reform of the global internet governance system and jointly promote the process of legalization of global internet governance, so as to contribute chinese wisdom and provide chinese solutions to building a community with a shared future in cyberspace.
ii. make full use of legal means to ensure the orderly development of cyberspace
under the scientific guidance of xi jinping's thoughts on the rule of law and general secretary xi jinping's important thoughts on building a cyber power, my country has deepened the rule of law on the internet, accelerated the construction of a complete system of cyber laws and regulations, an efficient system for the implementation of cyber law, a strict system for the supervision of cyber law, and a strong system for the guarantee of cyber law. the construction of cyber law has achieved historic achievements and leapfrog development, providing a solid guarantee for building a cyber power, comprehensively governing the country according to law, and the party's governance under information conditions.
adhere to scientific legislation and improve the network legal system. general secretary xi jinping emphasized that we should take the rule of law on the internet as a basic means, continue to accelerate the formulation and improvement of laws and regulations in the field of the internet, promote the management of the internet, the operation of the internet and the internet in accordance with the law, and ensure the healthy operation of the internet on the track of the rule of law. my country has always adhered to scientific legislation, democratic legislation and legislation in accordance with the law, grasped the laws of internet development, and focused on establishing a legal system for protecting internet rights and interests, improving the legal rules of the digital economy, delineating the legal red line of network security, and improving the norms of network ecological governance. at present, more than 150 pieces of network legislation have been formulated and issued, including basic, comprehensive and overall laws such as the cybersecurity law, the e-commerce law, the data security law and the personal information protection law, which have basically formed a network legal system based on the constitution, supported by laws, administrative regulations, departmental regulations and local regulations, and local government regulations, based on traditional legislation, and with network content construction and management, network security and informatization and other network-specific legislation as the main body.
adhere to strict law enforcement and deepen the supervision system for the implementation of cyber rule of law. since the 18th cpc national congress, my country has strengthened cyberspace governance in accordance with the law, always adhered to strict, standardized, fair and civilized cyber law enforcement, increased law enforcement in key areas such as personal information protection, rectified internet industry monopoly and unfair competition in the internet in accordance with the law, strengthened security law enforcement in areas such as network basic resources, important network systems, and network data, and continued to carry out a series of special actions such as "clear and bright", "clean network", and "protect seedlings", and increased governance efforts on issues such as cyber violence, algorithm abuse, and minors' addiction to games that the people strongly reflect, promoted the formation of a healthy and standardized network communication order, and created a clear and bright network ecology. at the same time, we will continue to standardize and improve the constraints and supervision mechanisms for the operation of cyber rule of law, strengthen systems such as the filing review of network legislation and the legal review of major administrative penalty decisions, implement supervision of the entire process of cyber law enforcement, strengthen the connection between cyber law enforcement and criminal justice, effectively release the effectiveness of cyber rule of law supervision, and maintain fairness and justice in cyberspace.
adhere to fair justice and strengthen the legal guarantee of the digital society. since the 18th national congress of the communist party of china, my country has actively responded to the judicial needs of the digital society and continued to promote the innovation of the network judicial system and mechanism. the judicial organs have innovated the rules of network justice and issued the white paper "internet justice in chinese courts"; the procuratorial organs have creatively proposed "digital prosecution" and issued the "opinions on strengthening the internet legal work of procuratorial organs in the new era". judicial interpretations involving network intellectual property rights, network transactions, network violence, telecommunications fraud and other issues concerning the people's network rights and interests have been issued. by hearing judicial cases with prominent internet characteristics such as network infrastructure security, algorithm rules, data ownership transactions, personal information protection, and network platform governance, the standards for the application of laws have been refined and the unified standards for adjudication have been promoted. the people's courts have issued rules for online litigation, online mediation, and online operation, refined the rules for electronic data evidence, standardized the procedures for handling cybercrime cases, and gradually established a system of rules for network judicial procedures. hangzhou, beijing, and guangzhou internet courts have been established successively, and the establishment of "data resources procuratorate" has been explored to resolve new types of network disputes in accordance with the law, so that the people can enjoy more fair, just, open, transparent, efficient, convenient, and inclusive online judicial services.
advocate for the whole people to abide by the law and enhance the awareness and quality of the rule of law on the internet. my country has always insisted on taking the publicity and education of the rule of law on the internet as a long-term and basic work for the construction of the rule of law on the internet, and has fully implemented the plan for the publicity and education of the rule of law in the cyber security system. the legal concept of netizens has been significantly improved, and respecting, learning, abiding by and using the law has increasingly become a broad consensus and basic norm in the internet society, and the spirit of socialist rule of law has been further demonstrated in cyberspace. in recent years, legal publicity activity brands such as the "national internet legal education tour" have been launched one after another. relevant departments and major media have actively expanded the new model of "internet + legal education", continuously innovated the content, form and means of the internet legal education, created and launched a number of high-quality internet legal education works, provided legal knowledge to the public, and interpreted laws and regulations. carry out legal publicity around important legal education targets such as young people and internet enterprise practitioners, guide young netizens to surf the internet in a civilized and safe manner according to law, urge internet companies to operate legally and in compliance with regulations, and build a good social foundation for governing the internet, operating the internet and surfing the internet according to law.
focus on strengthening the foundation and consolidating the theoretical support and talent guarantee of cyber rule of law. faced with major theoretical issues and talent needs arising from the practice of cyber rule of law, my country attaches importance to strengthening cyber rule of law research and education, and has initially formed an education research and talent training mechanism that combines theory with practice and adapts system to development. in recent years, cyber rule of law research institutions have continued to emerge. the china law society has established a network and information law research association, focusing on the basic theoretical issues of network and information law; the china cyberspace research institute has established a cyber rule of law research institute to provide intellectual support for policy decision-making, legislation and law enforcement in the field of cyber security; and universities have successively established special related teaching and research institutions. various cyber rule of law research institutions actively play an important role as "think tanks", "think tanks" and "talent pools", and carry out research on cutting-edge issues such as data, algorithms, platform governance, personal information protection, blockchain technology, and artificial intelligence, forming a number of rich academic research results. at the same time, my country pays attention to cultivating high-quality compound legal talents, actively promotes the cross-disciplinary integration of law and network engineering, systematically integrates traditional law education and network-related discipline education, and adds a second-level law discipline "network and information law", and cyber rule of law education develops towards systematization.
iii. protecting high-quality economic and social development through cyber rule of law
at present, new generation information technologies such as artificial intelligence and satellite internet are changing with each passing day. the rapid development of the internet has led to new changes and developments in social production, but also brought many new problems and challenges. as the world's largest developing country, how to coordinate the relationship between development and security, freedom and order, openness and autonomy, management and service, and use the concept, thinking and means of rule of law to promote the development and governance of the internet, and serve to ensure high-quality economic and social development has become a major and urgent issue at present.
promote digital economy legislation and provide legal protection for economic and social development. keep up with the development of new forms and models of digital economy, coordinate the formulation of digital economy rules such as data property rights, circulation transactions, income distribution, and security governance, and accelerate the construction of a data basic system. in view of the cross-regional, cross-industry, and cross-level characteristics of the digital economy, continue to improve the top-level design and overall coordination of digital economy legislation, accelerate the introduction of comprehensive, overall, and basic digital economy legislation, actively improve the corresponding supporting regulations, clarify the powers and responsibilities of the competent authorities, and define the behavioral norms and market rules of internet companies, digital platforms, and other entities, and further stimulate the potential of the digital economy. accelerate the promotion of digital technology legislation such as artificial intelligence and electronic certificates (seals), and promote the accelerated development of new internet productivity. strengthen the construction of foreign-related rule of law in the digital economy, take into account national security and digital trade facilitation, further refine and improve the laws and regulations on cross-border data flow, and give corresponding rights and obligations to market participants such as enterprises and consumers.
standardize the governance of the internet ecology and build a solid defense line of internet rule of law to optimize the business environment. internet ecology governance is the core content of comprehensive internet governance. we must adhere to the principle of the party's control over ideology, the internet, and new media, standardize all aspects of internet information content production, review, release, and dissemination, focus on the full and effective supply of high-quality information content, and always keep the positive energy of the internet space abundant. formulate a classification catalog of internet news information services, build a healthy assessment mechanism for the internet content ecosystem, conduct fine classification, intelligent monitoring, precise assessment, and legal cleanup of illegal and bad information, and effectively purify the internet space. implement a dynamic blacklist system for internet cultural products and business entities, and improve the regulatory mechanism for promoting excellence and suppressing inferiority. actively use new technologies and applications such as big data and artificial intelligence to carry out segmented, differentiated, and personalized communication, use mainstream value orientation to control algorithms, strengthen economic propaganda and public opinion guidance, and sing the bright theory of china's economy. deepen the management of internet news information service licenses, and strengthen on-the-job training and access management for internet information service practitioners. continue to carry out the "clear and bright" series of special operations, focus on rectifying prominent problems such as online violence, online rumors, algorithm abuse, chaos in online live broadcasts and short videos, and infringements involving enterprises, and create a good business network environment for the healthy development of the economy and society.
respond to the development of digital technology and solve new challenges and problems in national governance in the information age. general secretary xi jinping pointed out: "the rapid development of new technologies and applications such as digital economy, internet finance, artificial intelligence, big data, and cloud computing has spawned a series of new business forms and models, but there are still time gaps and blank areas in the relevant legal systems." in the critical transition period from the internet era to the intelligent era, it is urgent to keep up with the changes in internet technology, focus on the forward-looking and strategic, targeted and effective legislation, and timely formulate and improve the relevant legal rules for new internet technologies, new applications, new business forms and new models, so as to lead, guarantee and drive the development of emerging industries and future industries with high-quality legislation. comprehensively improve the level of technical governance and management of the internet, further increase the research and development of management technologies in the fields of algorithm recommendation, short video, live broadcast, satellite internet, etc., use artificial intelligence, big data and other technologies to accelerate the construction of technical platforms such as network security situation awareness, emergency response and processing, and evaluation and detection, and build a network security protection system with overall coordination, top-down linkage and data sharing, proactively respond to new social problems and regulatory challenges brought about by disruptive artificial intelligence technologies represented by autonomous driving and aigc, and promptly respond to the people's new expectations and new demands for a better digital life. focus on key areas and prioritize urgent needs, accelerate the supply of laws and regulations in key and emerging fields such as artificial intelligence, electronic certificates (badges), biometrics, big data, etc., better resolve the legal risks caused by the digital economy and digital technology, and promote the modernization of the national governance system and governance capabilities on the track of the rule of law.
deepen the research on cyber rule of law and strengthen the intellectual support for building a cyber power. adhere to being based in china, learning from foreign countries, grasping the present and facing the future, continue to strengthen the research on the basic theory and cutting-edge issues of cyber rule of law, deepen the all-round innovation of cyber governance concepts, content, methods, measures, etc., strengthen the academic interpretation, academic expression, and systematic construction of cyber rule of law, refine more new concepts of cyber rule of law with distinctive chinese characteristics, new categories of law, and new expressions of legal theory, and interpret "china's governance" with "china's reason". carry out forward-looking, targeted, and reserve legal policy research around important plans and major legislation for the construction of cyber rule of law, strengthen the research on the supply of legal systems for new technologies, new applications, and new business forms, and continuously enrich the "toolbox" of internet development and governance systems. strengthen the research on foreign-related cyber rule of law, improve the ability to use legal means to deal with external "long-arm jurisdiction" and suppression and containment in the cyber field, and enhance my country's voice in the global internet governance system. accelerate the pace of building cyber rule of law think tanks, give full play to the role of professional think tanks such as the china institute of cyberspace in the construction of cyber rule of law, organize and lead experts from universities, research institutes, etc. to focus on major cyber rule of law issues, carry out tough research, produce intellectual results, improve the level of service decision-making, and provide strong talent guarantee and intellectual support for the construction of a cyber power and a rule of law china.
source: red flag manuscript 2024/16
