中國信息安全立法模式探討

Study on Chinese Legislation Modes of Information Security

Information security is a dynamic concept. As one forms of the non-traditional security, information security refers to various issues on information security that might arise from acquisition, communication, transmission, storage and use of information affecting essential or material national interest, as well as measures or arrangements taken to ensure information security. Currently, China adopts a legislation mode of emergency response on a case-by-case basis and the legislation on information security is lack of integrity and in-depth research, thus resulting in such issues as jurisprudential defect, coordination and efficiency of execution. The author recommends that China learn from the mode specified in the Federal Information Security Management Act of 2002 (USA), adopt neutral mode to carry out legislation on information security as far as possible, developing different security standards, taking or adopting different control measures on information of different nature; paying attention to legislation on information security and coordinating with other existing laws, effectively balancing concurrent constitutional rights and obligations, as well as national interest and actual situation of Chinese network and information system, and making appropriate adjustment to the US’s pattern and experience as per Chinese national conditions and constitutional principles so as to create a legislation mode of information security with Chinese characteristics that meets security standards on integrity, confidentiality and availability of information.