The Research Of Cyberspace Legislation From The Perspective Of National Information Security

With the rapid development of cyberspace,the protection of information security in cyberspace has become an important issue that the countries around the world are all concerned about.For the development of cyberspace,the economic environment is an important base that need to be hard.On the other hand,the rule of law is the soft environment.These two factors are both significant parameters for measuring the security of cyberspace and national information.Thus,improving the legislation of the security in cyberspace has become an international consensus.Nowadays,our party and the state attach great importance to cyberspace security.On November 7th 2016,on the background of the "overall national security concept",the"People's Republic of China Network Security Law" released.This law indicates that China's cyberspace information security legislation has entered a more rapid developing state.And the study of the legislative issues in this area from the perspective of national information security is also more and more important.However,the scope of cyberspace is universal and complex,which is faced with variety security issues just like in the physical world.This paper consists of fives parts.In the beginning,the concept and connotation of cyberspace and national information security are briefly described.The content includes the concept,the characteristic and the basic attributes of cyberspace and national information security,as well as the risk and challenge that the national information security is faced by in cyberspace.This part is the elaboration of the important concepts and the logical structure of the paper.In the second part,the theoretical foundation of law of protecting cyberspace security in cyberspace will be introduced,which includes the protection of both the basic legal values and special legal values.The basic values are law-equality,order and liberty.as well as the unique values are opening and sharing,security and development.Through the second part,it provides theoretical support and direction establishment for the legislation of cyberspace.In the third part,the content will be from the theory to practice to introduce the legislation of cyberspace in two foreign countries-the United States and Russia,and give to brief comment.The legislative overview summarizes the legislative guidelines,legislative objectives and legislative contents.Here we hope to improve our legislation better in this area better by comparing the foreign countries and learning experience to avoid taking a wrong way.Then the forth part discusses the existing problems of the legislation of cyberspace in China.This part departs into legislative present situation and problems,to summarize the problems through the present situation.The present situation of legislation introduces the relevant legislation of cyberspace in our country.And here are some laws and documents of cyberspace legislation are introduced-the National Cyberspace Security Strategy,the Network Security Law,the National Security Law and the Law on Guarding State Secrets.And then to sum up the problems faced by the legislation.The problems include the unclear concept of national information security-protection,the incomplete system of the national information security and the lack of international cooperation mechanism in cyberspace.the fifth part,on the basis of the first four parts,several thoughts and suggestions are raised to improve the legislation of national information security in cyberspace.The suggestions include following points.The first point is to make the cyberspace legislative orientation of our country clear;and the second point is to improve the content of cyberspace legislation,which include the protection of critical information infrastructure,cyberspace security reviewing,cyberspace security grade protection and special management mechanism of key position and stuff;the last point is to strengthen international cooperation and exchanges in cyberspace,to make international rules of protecting cyberspace security together.