Cybersecurity As State Capacity

The Cybersecurity Law of China(hereinafter referred to as the Law)defines cybersecurity as a kind of ability,but does not directly point out the owners of the ability.Viewed from overall aspects of the Law,it could be explained that the ability should be owned by the state in the first place.In other words,cybersecurity protection should be enforced by the state capacity.Given this explanation,we raise the following questions:what is the logic of state capacity of the Law?What is the relationship between the logic of state capacity and the logic of state governance of the Law under the background of China's policy on promoting the modernization of state governance?Can there be any inspirations to the development of China's state capacity and state governance in the field of cybersecurity by analyzing the foresaid logics?This paper contains three parts,introduction,main text which consists of three chapters,and conclusion.In the introduction part,we raise the idea that cybersecurity is state capacity,and also extract the basic clues of the theory of state capacity in political science by reviewing the literatures in this field.The clues are:institution,legitimacy,the relationship between state and society,and the relationship between the states.Chapter 1 applies these clues on studying the logic of state capacity of the Law,which is explained as institution supply,legitimacy shaping,synergic governance of multiplicity,and dealing with international risks and carrying out international cooperations.At the same time,this paper analyzes the relevant articles of the Law,and also relevant policies,theories and practices in this regard.Chapter 2 compares the relationship between the logic of state capacity and the logic of state governance of the Law,and finds out that the two are the same institutional arrangements and action mechanisms,as they are the same in meaning,value as well as evaluation system.Therefore the logic of state capacity of the Law is coherent with the current policy on the modernization of state governance,and the analyses thereof could be used to well explain the aims and methods that should be adopted by the modernized state governance.Chapter 3 proposes strategies for optimizing state capacity and upgrading state governance in the field of cybersecurity according to the logic of state capacity and state governance,which include improving the legal system,consolidating the basis of legitimacy,developing synergic governance of multiplicity under the cybersecurity law system,and advocating and promoting international cooperation and international rule of law regarding the cyberspace.The Law has established the basic legal framework in the field of cybersecurity.Therefore we could build and implement the legal system of cybersecurity based on the Law after understanding in depth the logic of state capacity and state governance implied by it,which is the fundamental way to achieve the goal of the state's cybersecurity governance and will also profoundly affect China's cyber ecosystem.