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Network Rule of Law Escort the "Express Train" of Digital Economy

Time of publication: 2021-09-28 20:42:00 Author: Dong Zhicheng Zeng Xianxu Source: China Youth Daily client

Dong Zhicheng, Zeng Xianxu, reporter of China Youth Daily, China Youth Network

"The rapid development of the digital economy is profoundly reshaping the world economy and human social life, especially in the face of the rampant COVID-19 epidemic. The digital economy has made outstanding achievements and contributions in restoring development, creating employment opportunities, improving people's well-being and other aspects, showing great vitality and strong resilience." At the forum of the 2021 World Internet Conference Wuzhen Summit "Online Rule of Law: The Rule of Law Escorts the High Quality Development of the Digital Economy", Hou Yunhao, Deputy Director of the Network Rule of Law Bureau of the State Internet Information Office and First level Inspector, believed that the digital economy has become a new driving force and engine for global economic recovery and sustainable development.

The just released World Internet Development Report 2021 points out that, affected by the COVID-19 epidemic, global economic output will decline by 4.3% in 2020. Countries around the world have taken the digital economy as the focus of their development strategies, actively carried out digital legislation, laid out cutting-edge areas, and promoted the standardized and innovative development of the digital economy. The China Internet Development Report 2021 also pointed out that the scale of China's digital economy will reach 39.2 trillion yuan in 2020, accounting for 38.6% of GDP, maintaining a high growth rate of 9.7%, becoming a key driving force for stable economic growth.

Hou Yunhao said that at present, with the rapid development of the digital economy, personal information leakage, platform governance, big data killing, algorithm abuse and other issues are increasingly prominent, and digital economy governance is facing major challenges. He pointed out that to improve the governance capacity of the digital economy, stimulate the vitality of the digital economy, and promote the high-quality development of the digital economy, it is urgent to play the role of the rule of law in guiding, promoting, regulating and guaranteeing.

Strengthening the governance of the digital economy and creating a healthy and sound development environment for the digital economy have also become the topics of great concern to the guests at the summit.

   "We call for network rule of law more than any other era in history"

"We call for the rule of law on the Internet more than any other era in history." Wang Xiqin, executive vice president of Tsinghua University, said that the rule of law on the Internet is not only a natural extension of the real social governance logic to cyberspace, but also an inevitable requirement for balance of interests and coordination of values in cyberspace. Wang Xiqin said that both the "invisible hand" and the "visible hand" should be used well, and efforts should be made to form a pattern in which the market role and the government role are organically unified, complementary, coordinated and mutually reinforcing, so as to promote the sustainable and healthy development of the digital economy.

Intelligentization is the trend of digital economy development, and algorithm is an important link to realize intelligence. At present, intelligent algorithms are widely used in all kinds of new business forms and models. While improving the accuracy of content dissemination, improving user experience, and improving the efficiency of economic operation, they also bring big data maturity, algorithm discrimination, algorithm dilemma, information cocoon room and other problems.

Hou Yunhao believes that in order to control the chaos of algorithm application and guide the development of algorithm science and technology, it is necessary to develop a standardized management system for the new application of new technologies such as algorithm recommendation and deep forgery, strengthen algorithm supervision according to law and regulations, effectively protect users' right to know and independent choice of algorithms, and promote the sound development of the digital economy.

Zheng Xinjian, member of the Procuratorate Committee of the Supreme People's Procuratorate and director of the Economic Crime Procuratorate, said that the digital economy is a rule of law economy. To address and solve the challenges and problems encountered, the key is to uphold the rule of law, enforce the rule of law, play the important role of the rule of law on the Internet in the development of the digital economy that is rooted, stable and long-term, and ensure that the digital economy is the "fast train of the times" Always go steady and far.

According to Zheng Xinjian, in 2018, 2019 and 2020, the number of online crime cases prosecuted by the procuratorial organs increased by 20.7%, 30.2% and 50.3% year on year respectively. Among them, the most important thing is to precisely crack down on the crime of infringing citizens' personal information and the related black ash industrial chain. In 2020, the national procuratorial organs prosecuted more than 2400 cases of infringing citizens' personal information and more than 6000 people. Zheng Xinjian believes that we should strive to play the role of civil and administrative procuratorates in order maintenance and security in the development of the digital economy.

As a participant in the digital economy, Qu Fang, the founder of Xiaohongshu, said that only by severely cracking down on illegal information and maintaining a good network ecology can we continue to gain user trust and the development of the platform be stable and far-reaching.

The forum site of "Internet rule of law: rule of law escorts high-quality development of digital economy". Dong Zhicheng, reporter of China Youth Daily and China Youth Network

   The healthy development of the digital economy cannot be separated from the escort of the rule of law

Since this year, the State has promulgated laws and regulations such as the Data Security Law, the Personal Information Protection Law, the Regulations on the Security Protection of Key Information Infrastructure, and the Several Provisions on the Security Management of Automotive Data (for Trial Implementation). The State Internet Information Office has also recently released the Administrative Provisions on the Recommendation of Algorithms for Internet Information Services (Draft for Comments), It provides a strong institutional support for the healthy development of the digital economy.

These laws and regulations respond to many hot issues in society, such as explicitly prohibiting big data "killing" behavior, strengthening the protection of sensitive personal information, etc. "Law is the most important tool for governing the country. To ensure the healthy and long-term development of the digital economy, we must play the role of the rule of law as an escort," Hou Yunhao said.

The Personal Information Protection Law, which will be officially implemented on November 1, also stipulates special personal information protection obligations for large network platform enterprises, such as establishing and improving the personal information protection compliance system in accordance with national regulations, and establishing an independent organization mainly composed of external members to supervise the protection of personal information; Regularly release the social responsibility report on personal information protection.

In the view of Zhang Xinbao, a professor of Renmin University of China Law School, the promulgation of these important legal information has strengthened the concept of rule of law centered on the protection of people's rights. "Such an important concept is to promote the healthy development of the digital economy.".

Liang Zhixiang, the party secretary and senior vice president of Baidu Group, also said that in the past few years, a series of laws, regulations and normative documents related to the digital economy issued by the National People's Congress, the State Council and the National Cyberspace Office have promoted the development of the digital economy industry.

In addition, Zhang Xinbao pointed out that there are still problems to be further considered when implementing the law, such as "the definition of large network platform enterprises", "the effectiveness of the formulation of platform rules and compliance", and so on.

How to translate the legal requirements related to the digital economy into the compliance work of enterprises? Kong Xueping, Deputy General Counsel of China Electronics Industry Group Co., Ltd., believes that the law is lagging behind, and enterprises may not have a precedent to follow before conducting business, so there are very big challenges and difficulties for enterprises. She put forward three suggestions: first, business personnel and legal personnel should understand the new forms and challenges of business, and only when they understand the nature of business, can they put forward targeted solutions to compliance laws; Second, in carrying out the work, we should extensively seek the advice of compliance personnel, especially the advice of external experts; Third, we should continue to strengthen learning, especially tracking the legislative dynamics of data at home and abroad, grasp the latest cutting-edge trends, and build a risk compliance information system.

"Only by embracing supervision and self-discipline according to law can the Internet digital economy run steadily and win the future." Liang Zhixiang said that only through the path of rule of law can a good, healthy and long-term digital economic ecology be truly built.

Editor in charge: Bai Kejia