| Global data governance has become a stubborn problem that cannot be solved by a single nation state and requires the joint efforts of the whole world.But global data governance rules at present stage,there were three kinds of value orientation cannot be coordinated governance patterns of cross-border data flows,advocating "free trade" represented by the United States and the formation of a free flow of data flow value orientation,Europe with its traditional "human dignity" as the value pursue of the value of human rights protection data flow value orientation,developing countries such as China citing "security" sovereignty stressed state sovereignty priority in the data flow of value orientation.The three values of "human rights","sovereignty" and "free trade" are not compatible with each other.Bavarian phenomenon "in the face of such" Wisconsin,single police have been unable to properly control the law of the country,must cooperate with the help of a global,clear legal globalism is the premise of collaboration,in the process of the second round of globalization by driving the global Americanization movement law in the United States,will be extremely has the value of law,all around the world as the weak and the rise of the economies in the United States,the United States lost the cross-border data flow field of absolute power,reflected in the field of cross-border data flow regulation is no longer a "free trade" value alone big,The EU enacts a series of supranational laws such as the general data protection regulations to counter the "free trade value" of the us.In order to restrict authoritarianism and confrontation with "countries",the EU forms a value tradition of "human rights protection",which is also embedded in the cross-border data flow rules of the EU.National security is a priority for China and other developing countries.China has always stressed the inviolability of national sovereignty.The reason is that China and other economies regard cyber sovereignty as an extension of traditional sovereignty.Internet society is the "winner-take-all" arenas,Europe and the United States and other developed economies with first-mover advantage to grasp the technical ownership,again through the control of economic globalization of international discourse rights,through these advantages,developed economies such as the US and Europe is easy to gain benefit from developing economies,and even to control the country."Color revolution","prism gate","golden rice case" is the proof.The conflict between the value of cross-border data model between China and the us lies in the opposition between "free trade" and "national sovereignty",which is mainly reflected in whether data should be localized.Technically,data localization itself cannot provide security guarantee.The essence of the data localization dispute is the data legal jurisdiction dispute,when the data localization,the country can carry on the jurisdiction.The conflict between the value of the cross-border data model between China and the EU lies in the confrontation between "sovereign security" and "human rights protection".The EU,however,experienced the Nazi rule,strongly opposed authoritarianism,and emphasized the confrontation between man and state.The two values themselves did not exist high or low.The reason why China and the eu have been unable to reach cooperation in the field of cross-border data flow is that the eu is worried that China's sovereign supremacy governance model will violate the basic human rights of European citizens.European and American pattern of cross-border data value conflict is "free trade" and "human rights",the two kinds of value conflict more because of the different starting point,the value of free trade advocates is the comparison theory,think that free trade can fully play the comparative advantage of the country,and will bring the biggest benefits to the greatest number of people,which would lead to national increase the welfare of the world,thus for the domestic and international society all-round development laid a solid foundation.However,the value of human rights protection is totally opposed to this view,and the assertion that the trading system has always pursued efficiency and welfare as the core is itself wrong.Priority of human rights theorists of the reason is very simple,first,they think that respect for human rights and protect the source of the legitimacy of the government and institutions,governments grapefruit different occasions to respect and protect human rights,and related legal obligations,so all of the system should not ignore the existence of human rights,in order to protect the human rights for the purpose of values and promote the various countries' trade flows free trade values.Second,the rapid development of economic globalization represented by the century's trade system and its exclusive pursuit of economic values such as efficiency and welfare have seriously impacted the value of human rights.Human rights priorities believe that trade should be subordinated to human rights,because human rights protection is an end,while free trade is only a means to protect human rights.If there is a trade-off between human rights values and trade values,human rights values should dominate free trade values in order to achieve their objectives.Cross-border data flow is not a country can solve the problem,need cooperation around the world,therefore,China should be improved through the way of legal transplant model,after all,globalization is frustrated,but there is no denying that its continued,as a result,China can't be behind closed doors from said the words,need to be improved through transplantation itself.At the same time,in order to gain more benefits,it is also a must for China to build an international discourse system.China should build a discourse system of its own value through "One Belt And One Road" and "community with a Shared future for mankind".Only in this way can China propose a solution to the problem of cross-border data flow to the world. |
PDF Full Text Request