New Law Strengthens National Security

2015-09-12 22:38ByLIZHONG
CHINA TODAY 2015年8期

By LI ZHONG

THE National Peoples Con- gress (NPC) – Chinas top legislature – passed on July 1 a new national security law that constitutes further reinforcement of Chinas national security, based on its situation and in line with the experience of certain developed countries.

Most important, the new bill emphasizes the importance of the comprehensive national security outlook which, as Chinese President Xi Jinping has previously highlighted, encompasses such areas beyond defense as the economy, politics, technology, environment, culture, and cyberspace, as well as efforts to maintain safe neighboring and international environments.

Xi emphasized in April last year, when he introduced the expanded scope of “national security,” the need for a comprehensive national security outlook, in light of the interaction between different aspects of national security.

Certain Western media say that the new security law “might undermine peoples freedom.” But this is a distorted view since the law, on the contrary, reinforces the people-oriented goal of national security.

Article 3 of the new law underlines the people as the first priority of national security. Article 1, meanwhile, highlights“protection of peoples fundamental interests,” and Article 2 defines “peoples welfare” as a key national interest. Article 7 sets out “to respect and guarantee human rights, protect citizensrights and freedom according to law” by safeguarding these fundamental rights through national security. Article 14 states that “to protect peoples security”is a fundamental national security task.

Unlike the 1993 National Security Law, which gave no specific definition of national security, the new law clearly defines the term. According to Article 2, national security is the state wherein a countrys state power, sovereignty, unity and territorial integrity, peoples welfare, sustainable social and economic development, and certain other important national interests are at relatively low risk from internal and external threats, and the nation has the capacity to protect itself from future threats.

This definition covers both traditional and non-traditional securities, while “certain other important national interests”is an expression of flexibility, giving national security efforts scope to develop according to the times.

Moreover, the law establishes the national security leadership system. Article 4 stresses the leading role of the Communist Party of China in this respect, and Article 5 makes clear the responsibility of the National Security Commission of the CPC Central Committee.

The variety and complex nature of national security threats nowadays demand swift appraisals and effective responses from policymakers. Therefore, many countries have established national security decision-making and coordination bodies. Establishing the Partys leadership in the National Security Law is only to be expected if the country is to strengthen its security in the face of new threats, and effectively counter security threats as they arise.

Particularly creative is the inclusion for the first time of “cyberspace sovereignty” in the law. Article 26 stipulates that the nation needs to strengthen its management of the Internet, prevent and punish illegal and criminal acts such as network attacks, cyber espionage and the spreading of illegal or harmful content, and safeguard its national cyberspace sovereignty and security.

Advancing the concept of cyberspace sovereignty is a remarkable innovation, because it adds cyberspace to the na- tions existing land, ocean and airspace territories. In recent years, the exposure of significant network security threats, such as the U.S. National Security Agencys PRISM program and the large-scale disclosures of Internet users personal information, has polarized attention on cyberspace security. Most countries make efforts to protect networks under their jurisdiction and to regulate behavior in their cyberspace. The concept as cited in the National Security Law will help China enhance its governance of cyberspace, establish a cyberspace security system and safeguard the security of Chinas cyberspace sovereignty.

In efforts to raise public awareness of national security, the law has also established a National Security Education Day on April 15, whereby citizens may proactively support national security efforts.

Taken as a whole, the new National Security Law strengthens Chinas national security, under the rule of law to meet the needs of the changing times.