Research On Security Obligation System Of Network Operators

In today's world,with the wide application of information technology and the development of cyberspace,the informationization and economic globalization wave with the help of wing,go hand in hand,to promote each other,all aspects of human life have been contacted by Internet,which have brought many inconvenient changes in our information dissemination,production and living,economic development,politics and social governance,and so on.As people become more and more reliant on the Internet,the governance of the cyberspace and the protection of network security have become an important issue sweeping all countries.China is also involved in this huge wave,which has gradually deepened its influence.Under such circumstances,the Cybersecurity Law of the People's Republic of China(hereinafter referred to as the Cybersecurity Law),after many times of deliberation,formulation and revision,came into effect on June 1,2017.China's governance of cyber security has entered a new stage.Network operators,as the entity organization that connects various network regions,are playing an increasingly important role in social life.However,at present,there are still many problems in the regulation of network operators' security obligations in China's network security law.This paper takes the content of network operators' security obligation set by the Cybersecurity Law as the analysis prototype.Combining with the network security law enforcement cases in the recent year,this paper introduces the topic of discussion--the research on the network operators' security obligation system--from the perspective of Cybersecurity Law.This article is divided into the following five parts:The first part is the introduction.This paper puts forward the research background and reasons of network operators' security obligation system from the perspective of the practice of Cybersecurity Law,the relevant significance of the research,and the research method of this paper.The second part is an overview of the network operators' security obligation system.It is elaborated from three aspects.Firstly,summarize the obligation subjects in Cybersecurity Law,get a general understanding of the definition of network operators.Secondly,the network operators are divided into general network operators and key information infrastructure operators,and their obligations in the provisions of the law are classified and summarized,to clarify the research content in legislation.Thirdly,the case data of enforcement in a year of the implementation of the Cybersecurity Law is summarized and analyzed,to clarify the research content in law enforcement.The third part analyzes on the application of network operators' security obligation system in practice.Based on the legal obligations and law enforcement cases,this paper points out the problems of legislation and law enforcement in regulating network operators' obligations in China.Make necessary preparation and foreshadowing for the following problem solving.The fourth part is the analysis and evaluation of the overseas network security system.Research the Cybersecurity Law of Singapore,the cyber security legislation of the United States and the NIS directive of the European Union as the research objects.Through the discussion the subject of the network security obligations in its legal provisions,the stipulation of the content of obligation and the establishment of the functional organization in the network security system,combined with China's national conditions and the laws,to evaluate the means of regulating network operators and get some enlightenments.The fifth part is the perfection suggestion to our country network security obligation system.On the basis of previous discussions,combined with the enlightenment of the overseas network security powers and organizations on the system of network security obligation,from the perspective of legal system,law enforcement system and public-private cooperation system,this paper discusses how to standardize the system of network operators' security obligation from the corresponding perspective of problems proposed in the third part,so as to promote the perfection of China's network security governance system.