The Regulatory Path for the Semantic Ambiguity in the Data Security Law
With the rapid development of Internet technology,human society has entered the era of data explosion,and production and life have been inseparable from information and data.Therefore,strengthening data security is related to the overall interests of individuals and national development.The Data Security Law of the People's Republic of China provides basic legal support and protection for China's data security,marking the transformation of China's data security protection from policy requirements to rigid legal norms,thus strengthening the normative effect of data security protection.However,the uncertain legal concepts in the Data Security Law affect the identification of legal facts in the implementation of the law,causing obstacles to the implementation and application of the law,but the uncertain legal concepts cannot be avoided by any law,and they provide discretion space for the implementation of the law,enhancing flexibility and adaptability.Through the normative analysis of the uncertain legal concepts in the Data Security Law,this paper interprets the concrete manifestation of the uncertain legal concepts,and then explores the concrete regulation path of the uncertain legal concepts.In addition to the limitations of the law,the Data Security Law cannot avoid the application of uncertain legal concepts,which have to be applied due to uncertain factors such as digital development practices,digital rights,and enforcement practices.The uncertain legal concepts in the Data Security Law are quantitatively concentrated in Chapter Ⅵ:legal liability,Chapter Ⅳ:data security protection obligations,Chapter Ⅰ:general provisions,and Chapter Ⅲ:data security system,which can be divided into three types of units from the perspective of the type of content,scope and degree,and mainly concentrated in the distribution of provisions,such as guiding clauses,mandatory clauses and oath clauses.Although the uncertain legal concepts cannot be completely negated,they do weaken the normative effect of the Data Security Law in safeguarding national data security in practice.Too much discretionary space for administrative law enforcement damages the objectivity and stability of the protection of the rights and interests of relevant subjects,and it is difficult for social subjects to form future expectations of data development,thus restricting their enthusiasm and creativity.Therefore,it is urgent to eliminate the adverse effects of uncertain legal concepts.We should formulate discretionary benchmarks to regulate law enforcement behaviors from subjective cognition,means,motives,consequences,and other specific aspects.Additionally,we should carry out internal relief of rights and interests through administrative reconsideration,strengthen external supervision through judicial review,and construct a regulatory chain of uncertain legal concepts.Compared with previous literature,this paper expands the following research ideas:(1)It categorizes the specific manifestations of uncertain legal concepts and clarifies the specific application conditions,providing corresponding solutions and ideas for solving the fuzzy influence of uncertain legal concepts.(2)Based on dialectical thinking,this paper explains the legitimacy of uncertain legal concepts and proposes that only the capricious and arbitrary norms caused by uncertain legal concepts should be regulated,and the key points of the problem should be identified and solved.This paper objectively and directly presents the specific application form of uncertain legal concepts in the Data Security Law,which is helpful to concretely and categorically analyze the practical impact of uncertain legal concepts,providing ideas and references for the specific application of regulatory uncertain legal concepts in practice.
Data Security Lawuncertain legal conceptdata securitydata development
万方数据
维普
