Research On The Legislation Of Cyber Security Review In China

Currently,increasingly severe challenges to cyber security make us aware that"without the cyber security,there would be no national security".Against the backdrop of new situation,China has put cyber security onto a strategic level of national security,proposed to establish cyber security review system,in order to build the first line of defense to protect China’s cyber security.Cyber security review will not only be a tardy remedial measure for security defense,but also an inevitable choice for building a powerful cyber country and protecting national security.In May,2014,the Cyberspace Administration of China announced that "cyber security review system is going to be launched",after that,China introduced National Security Law,Cyber-Safery Law,and National Cybersecurity Strategy which ruled the cyber security review,but the relevant contents are not enough to support the carrying of review.The Cyberspace Administration of China published Cyber Product and Service Security Review Examination Method in 2nd May,2017,which made legislation getting refined in cyber security review,but it can’t be denied that there still exist various problems.In the development of comprehensively advance law-based government and the increase cyberspace legalization level,not only legal basis is necessary,but also ensuring the quality of legislation.Deepening the legislation research about cyber security review,to find problems,complete relevant legislation contents according to problems correctly and improve legislation quality,which is vital to promote the construction of cyber security review system and make it come into play.Besides the introduction and summary,this paper takes analyzing Chinese current legislation of cyber security review,summarizing current problems in legislation and offering suggestions about it as main content and is divided into five parts:The first part summarizes the cyber security review.It focuses on clarifying the concept of "cyber security review",and explains its properties in detail,that is,the active cyber security risks defense measure,censoring key and important products and services,and closely concentrating on national safety needs.It also analyzes the necessity of cyber security review based on the serious situation of cyber security.The second part explains the legislative foundation of cyber security review.By expounding the laws’ order value,it is pointed out that the legislation of cyber security review is necessary for strengthening the maintenance of cyberspace’s order;based on the theory of cyberspace sovereignty,it is clarified that cyber security review is a way to defend national interests,that cyberspace sovereignty is the premise of its legislative protection;based on the principle of law-based administration,proportionality and active defense,it is stressed that cyber security review is the state’s exercise of public power,the legislation of that is the inevitable requirement and embodiment of law-based administration,and the legislation should set an appropriate "proportion" of public power,and reflects an active,initiative defend against risk.The third part is about the state quo and problems of China’s legislation of cyber security review.With regard to the state quo,the author cleared up Cyber security review reflected in National Security Law,Cyber-Safety Law,and National Cybersecurity Strategy,and concluded the contents of Cyber Product and Service Security Review Examination Method;as for the existing problems,the author points out that there are problems such as review object’s statement disunity,operability of legislation is weak,review concentrate on purchasing,lacks classification rules and so on.The fourth part is to learn and draw lessons from the relevant legislation of the United States.The author introduces the general situation,structure and characteristics of the IT products procurement security of the United States,which is similar to China’s cyber security review,and thus summarizes the inspiration for the construction and improvement of cyber security review in China.At last,the author offered the opinion about completing Chinese Cyber security review legislation based on the current legislation problems.The author adheres to the concept of "security" and "development" to formulate specific rules to guide cyber security review;claims deepen current legislation by completing review objects,review standards,third part’s organizing rules,supply chain’s investigation methods and the part of publishing and announcing results;at the same time,put up suggestions about creating ’dynamic investigation’ mode and classification review rules to full and improve Cyber security review legislation more.