The National Technical Security List:Concept Definition,Legal Nature,and Improvement Path
The outline of the 14th Five-Year Plan points out to establish a management system of National Technical Security List,to strengthen the systematic management of important technology and the censorship of technology export.As an important basis of regulation,the National Technical Security List refers to a rule that enumerates and explains sensitive technology to prevent technology outflow risk.The government have an authoritative policy tool created by the government under legal authorization to maintain national security.In legal character,the National Technical Security List is an interpretive administrative rule combines the functions of regulation and self-restraint,which has three characteristics involving the normativity of form,explanatory of content,and dualities of effect.It plays a bridging role in the regulatory system of national technical security,not only conveying and reflecting the requirements of the law system,but also supporting and regulating the operation of enforcement system.However,the National Technical Security List has some problems in practice,such as errors and omissions in institutional content,flaws in decision-making process,and powerlessness in judicial review.Those problems weaken the legality and optimality of the list and administration according to the list,whiles hinders the full play of institutional functions.To ensure administration in according with law,the National Technical Security List should be improved from three directions,involving explaining the regulatory matters and rules in content,embedding and balancing diverse knowledge in decision-making,and optimizing the criterion of prosecution and trial in administrative litigation.
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