Research On The Rule Of Law Of China S Cybersecurity

This book provides a comprehensive and systematic review of China's rule of law on cybersecurity over the past 40 years, from which readers can have a comprehensive view of the development of China's cybersecurity legislation, supervision, and justice in the long course of 40 years. In particular, this book combines the development node of China's reform and opening up with the construction of the rule of law for cybersecurity, greatly expanding the vision of tracing the origin and pursuing the source, and also making the study of the rule of law for China's cybersecurity closer to the development facts of the technological approach.

This book provides a comprehensive and systematic review of China's rule of law on cybersecurity over the past 40 years, from which readers can have a comprehensive view of the development of China's cybersecurity legislation, supervision, and justice in the long course of 40 years. In particular, this book combines the development node of China's reform and opening up with the construction of the rule of law for cybersecurity, greatly expanding the vision of tracing the origin and pursuing the source, and also making the study of the rule of law for China's cybersecurity closer to the development facts of the technological approach.--

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical guide to privacy and data protection law in China covers every aspect of the subject, including the protection of private life as a fundamental – constitutional – right, the application of international and/or regional conventions protecting the right to privacy, privacy rights in the context of electronic communications or at the workplace, and the protection of individuals regarding the processing of personal data relating to them. Following a general introduction about the country, the monograph assembles its information and guidance in two parts: (1) protection of privacy, including national case law regarding the protection of this fundamental right, specific legislation on the confidentiality of interpersonal communications, and sector-specific rules regarding privacy protection, such as privacy rights of employees, patients, consumers or celebrities; (2) personal data protection, including not only general rules on data quality, legitimate processing, data retention, data subject rights, security and accountability, but also specific provisions regarding the processing of health data or other sensitive personal information, further processing for research purposes, exemptions for law enforcement or national security purposes, and rules regarding liabilities, sanctions and redress.

All states are challenged by the need to protect national security while maintaining the rule of law, but the issue is particularly complex in the China–Hong Kong context. This timely and important book explores how China conceives of its national security and the position of Hong Kong. It considers the risks of introducing national security legislation in Hong Kong, and Hong Kong's sources of resilience against encroachments on its rule of law that may come under the guise of national security. It points to what may be needed to maintain Hong Kong's rule of law once China's 50-year commitment to its autonomy ends in 2047. The contributors to this book include world-renowned scholars in comparative public law and national security law. The collection covers a variety of disciplines and jurisdictions, and both scholarly and practical perspectives to present a forward-looking analysis on the rule of law in Hong Kong. It illustrates how Hong Kong may succeed in resisting pressure to advance China's security interests through repressive law. Given China's growing international stature, the book's reflections on China's approach to security have much to tell us about its potential impact on the global political, security, and economic order.

This book reviews and assesses the status quo concerning the rule of law in China in 2017 and predicts its future development in such fields as legislation, judicial reform, civil, commercial and economic law, social law, safeguarding of human rights, criminality, Internet finance, the securities market, pilot free trade zones, administrative public interest litigation, regulation of investment management business, and AI. The book consists of a series of reports on the assessment of rule of law carried out by the Innovation Project Team on the Rule of Law Index at the Institute of Law, Chinese Academy of Social Sciences. Drawing on data from web portals and using the methods of browsing websites and verifying results through phone calls, the book includes assessment reports on the government transparency of 54 departments under the State Council and the governments of 31 provinces (autonomous regions and municipalities directly under the Central Government), 49 larger cities, and 100 counties (cities and districts). In addition, reports are provided on the judicial transparency of the Supreme People’s Court, 31 higher people’s courts, and the intermediate people’s courts of 49 larger cities, the procuratorial transparency of the Supreme People’s Procuratorate and people’s procuratorates of 31 provinces (autonomous regions and municipalities directly under the Central Government) and 49 larger cities, as well as the maritime judicial transparency of 10 maritime courts in the country. The book also includes reports on disclosure of information and transparency in the public security organs of four municipalities directly under the Central Government and 27 provincial (autonomous regional) capitals. Given its scope, the book offers a valuable asset for legal scholars, lawyers, judges, prosecutors, graduate and undergraduate students, and all those who are interested in Chinese law and the country’s rule of law index.

Today's hearing will focus on the aspects of cyber that fall within the Commission's mandate, notably the impact on the rule of law and on human rights. Recent headlines have revived the debate over the appropriate balance between security and freedom, but we cannot overlook the enormous impact that cyber attacks from China have had, and continue to have, on American jobs and American companies. They seriously call into question the Chinese commitment to the rule of law. The Commission on the Theft of American Intellectual Property estimates that China accounts for 50 to 80 percent of the IP theft in the United States and around the globe. It found that IP theft, including from China, costs the U.S. economy hundreds of billions of dollars a year and literally millions of jobs, dragging down our GDP and undermining our ability to innovate and to prosper. With a growing prevalence of computer networks in America's heavily wired economy, cyber attacks represent an increasingly growing threat alongside more traditional forms of intellectual property theft. China simply does not play by the same rules as we do. The Chinese Government denies these attacks, even though there is mounting evidence of Chinese state involvement.

Chinese Internet Law represents a comprehensive, systematic, and up-to-date introduction to the Chinese laws governing the use of the Internet, also known as the information network. This book introduces the framework of China¿s legal system and the different levels of laws applicable to the Internet. It explores Internet law in China by carving out several key areas and exploring a wide range of topics, such as domain name, operation of an Internet service business, electronic contract and signature, intellectual property, e-commerce, and much more. By presenting many case illustrations, this book stresses the practical application of the law that is faced by both individuals and organizations in Chinese cyberspace. Further, with analysis of cases based on theoretical underpinnings, this book is particularly valuable to legal and business academics as well as professionals who have an interest in understanding Internet regulations and related activities in China. Identifies applicable Chinese laws governing the use of the Internet Explores systematic updates with easy-to-understand interpretations of legal doctrines, principles, and statutes Practice-focused cases with illustrations exemplify how Chinese Internet laws are currently enforced Comprehensive and broad-spectrum coverage of a myriad of topics with regard to cyberspace Perfect for legal and business academics, as well as professionals who have an interest in the regulation of the Internet

This insightful book investigates the historical, political, and legal foundations of the Chinese perspectives on the rule of law and the international rule of law. Building upon an understanding of the rule of law as an 'essentially contested concept', this book analyses the interactions between the development of the rule of law within China and the Chinese contribution to the international rule of law, more particularly in the areas of global trade and security governance.