On The Improvement Of Legislation On The Protection Of Key Information Infrastructure In China

The wave of the third technological revolution induces the development of information and communication technology.The operation of infrastructure such as electricity,finance,transportation,water supply and so on is increasingly dependent on the support of network system.While greatly facilitating people’s production and life,this kind of infrastructure information system,which carries intimate information to people,is more easily to be intercepted,stolen and destroyed and even cause Cyber-Safety issues.As a part of this type,CII-maintains steadily revolving of key technical facilities.often attacked in networked society.How to strengthen the safety protection abilities of CⅡ becomes the important content of each country to build a network power and maintain it’s national security.The protection of CⅡ in China starts late and weak in IT.Its protection requires a multi-pronged approach in technique,management,legislation,etc.In recent years,the Party Central Committee and the State,headed by Comrade Xi Jinping,attach great importance to network security.On the basis of the Network Security Law,the State Internet Information Office enacted and promulgated the CⅡ Protection Ordinance(draft)on 11 July 2017.This has greatly promoted the improvement of network security architecture in China.At present,the protection content,management system and protection standard of CII are still the difficult problems to be solved in China.Developed countries,led by the United States,have been aware of the importance of CⅡvery early,and have formulated a more comprehensive protection system at present.Based on the analysis of the legislation system of CⅡ in developed countries such as the United States,Japan and the European Union,this thesis focuses on the reference significance to the legislative protection of our country.The thesis can be divided into four parts.Chapter 1 mainly introduces the nomological basis of CⅡ.Network security,especially data security,has an important impact on national security,and can not be separated from the joint efforts of all countries.Taking the governance of CⅡ as the realization of national sovereignty in cyberspace is consistent with the theory of network sovereignty and the co-governance theory.In order to realize the freedom,order,equality,security and other values of CⅡ,and construct a healthy network environment,we also need to regulate it by legislation.At the same time,this thesis introduces the legislative process of CⅡ Protection in our country,which reflects the realistic need of strengthening legislation urgently in our country from the side.Chapter 2 interprets the contents of CⅡ Protection Ordinance(draft),and expounds the current system design of our country and the necessity and shortcomings of its existence.Combined with the analysis of the contents of CⅡ Protection Ordinance,the formulation of the legal system meets the needs of the state for network governance and is conducive to the protection of national information security.While advocating security,we should co-exist development and security so as to promote development in security and seek security in development.On the principle of legislation,the formulation of CⅡProtection Ordinance is based on the national conditions and in line with the trend of international development,and It reflects the unity of the rights and obligations between the government and the private subject,the co-ordination and division of labor among the departments,and the global co-governance and cooperation.Its enactment provides the institutional basis for strengthening the stability of the operation of CⅡ and ensuring the national information security.However,there are still many controversies in the legislative design,which will reduce the practical maneuverability.Chapter 3 matures and learns from the CⅡ protection,and makes horizontal comparison which focuses on the comparative analysis of the legislation of the United States,the European Union,Japan and China from four aspects:the legislative model,the management system,the protection model and the content of the legislation.Our country adopts uniform law mode at present.Due to the obvious differences in regions and nationalities,the decentralized legislative model of the United States provides a reference direction for the future legislation of our country to a certain extent.With the improvement of the status of private enterprises,the Government-Enterprise Cooperation Mechanism will become the management trend of CⅡ Protection.At the same time,with the increasing concealment and technology of network attacks,the establishment of specialized intelligence collection agencies is conducive to integrating information resources and maximizing the protection of the good operation of CⅡ.Chapter 4 introduces the legislative perfection of the CⅡ Protection Ordinance.Basing on foreign legislative experience and combining the reality of our country,this thesis puts forward that we should adhere to the basic concept of mutual win-win cooperation in legislation,and establish the legislative protection mode of "Unification and Separation".In the specific construction of the system,we should pay attention to the maneuverability of the law,identify priorities for CII protection,deal with the relationship with the hierarchical protection system well,construct the management mechanism of government-led,industry coordination and cooperation,Strengthen the"Trinity" risk control mechanism and strengthen international cooperation..