SCIO press conference on white paper 'China's Law-Based Cyberspace Governance in the New Era'
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E-mail China.org.cn, March 31, 2023
People.cn:
According to the white paper, the groundwork for cyber legislation has been laid, contributing to and improving the socialist legal system with Chinese characteristics. I would like to ask, what are the characteristics of cyber legislation in the new era? What else needs to be done to advance the work and improve cyber legislation in the future? Thank you.
Li Changxi:
This is a very good question. A critical aspect of law-based cyberspace governance is legislation. The groundwork for cyber legislation has been laid. China has formulated a system of laws on cyberspace governance with distinct Chinese characteristics through the creation of basic, comprehensive, and overarching laws such as the Electronic Commerce Law, Electronic Signature Law, Cybersecurity Law, Data Security Law, and Personal Information Protection Law. It presents the following three characteristics.
The rank of cyber legislation has gradually moved up over time. Early-stage cyber legislation primarily consisted of administrative regulations and departmental rules, such as the Regulations on the Security and Protection of Computer Information Systems and the Provisions on Protecting the Personal Information of Telecommunications and Internet Users. Now, with the promulgation of laws such as the Cybersecurity Law and the Personal Information Protection Law, cyber legislation has played an increasingly overarching role built on a more solid foundation.
Secondly, cyber legislation values a scientific and democratic legislative process. The multiple challenges brought by the technological nature, rapid development, broad scope, complex regulatory objects, and the internet's constantly evolving issues require a scientific and democratic legislative approach to accurately address these issues. In the process of drafting cyber legislation, the Standing Committee of the National People's Congress, the State Council, and relevant departments have made the draft available to the public and solicited opinions from various parties through seminars and symposiums. This approach truly promotes development and ensures good governance through effective laws.
Thirdly, cyber legislation is innovative and forward-thinking. China places great importance on future needs and continuously explores and researches relevant legislation to address new problems and challenges. Cyber legislation keeps up with technological developments and practical needs, exemplified by the Data Security Law, which achieved a breakthrough in China's legal governance of data security from scratch. It made top-level institutional designs in important areas such as data classification and grading, important data protection, and data security review. As the world's first specialized legislation on data security, it also provides valuable insights and solutions for other countries and regions to consider.
In the future, we will continue to consider cyber legislation as an important part of China's socialist legal system. We will implement the strategic deployment of "exercising law-based governance on all fronts" and "stepping up legislation in key, emerging, and foreign-related fields" proposed in the report to the 20th CPC National Congress. We will attain the objectives of promoting development and regulating supervision simultaneously and continue to make progress in institutionalizing cyber legislation while further refining legislation in areas such as data, platforms, and technology. Thank you.
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