中國信息安全立法模式探討

• 영문명: Study on Chinese Legislation Modes of Information Security
• 발행기관: 경희법학연구소
• 저자명: 莫世健(Mo John Shijian)
• 간행물 정보: 『경희법학』제42권 제3호, 9~26쪽, 전체 18쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

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.

목차

l. 緖論

ll. 信息安全的槪念辨析

lll. 信息安全和非傳統安全關系

lV. 中國信息安全立法現狀

V. 信息安全立法模式參考

Vl. 确保信息安全的法律原則辨析

Vll. 結論

키워드

信息安全 傳統安全 非傳統安全 國家安全 中國信息安全立法 环 境安全 information security traditional security non-traditional security Chinese Legislation of Information Security environmental security.