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The Study Of The Network Sovereignty In The Environment Of Trans-border Data Flow

Posted on:2018-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:M Y LiFull Text:PDF
GTID:2346330518995496Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Network is the product of scientific and technological progress and the continuous improvement of communication level, with the popularity of the client and functional equipment updates, the network has been in-depth social life at all levels. National sovereignty as a country's due rights, the exercise of sovereignty in cyberspace has become the focus of national research. At the same time, the important element of the network is data. In today's global integration, trans-border data flows affect the protection of personal information, business security and even a country's regime, the management of trans-border data flow is the proper meaning of network sovereignty. Based on the analysis of the origin, concept development, connotation and related concepts of network sovereignty,this paper analyzes the jurisdiction attribution of network sovereignty in the process of cross-border data flow and the formulation of data management principles. At the same time, this paper writing in the occasion of "People's Republic of China network security law" will be issued, for the further understanding of the meaning and purpose of legislation, to explore how the "network security law" applied to practice,are of great significance.The first chapter analyzes the history and development of national sovereignty, with the development of human activities in space and water level, the object scope of state sovereignty from the land to the ocean, sky,space, cyberspace as a new space is now in the jurisdiction of Internet sovereignty. Although cyberspace has high freedom and no national boundaries, network self-management is not feasible, i provisions of scientific management is necessary.The second chapter analyzes the impact of trans-border data flow on network sovereignty, Trans- border data flow has experienced three stages:from personal information control to business information, big data .,from the beginning involved in the scope of personal privacy rose to business stability and national security. At the same time, trans-border data flows affect the jurisdiction of the network sovereignty, self-defense, equality and security of a country.The three chapter focuses on the most important contradiction in the current cross-border data flow network sovereignty. First, due to the borderless network, the jurisdiction of the network sovereignty is difficult to determine; Second is the development of cross-border data flow rules exist data free flow needs and national information security management contradictions, rules should also balance the interests of all aspects of the demands.The fourth chapter is based on the theoretical analysis of the first three chapters, analyzes the legislative significance and important breakthrough of the network security law, and foresees the relevant international disputes and future development direction. The effective long-term implementation of the network security law cannot be separated from the improvement of supporting legal facilities, but also rely on the strength of industry and international organizations.
Keywords/Search Tags:sovereignty, trans-border data flow, network security, feasibility
PDF Full Text Request
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