On October 26, 2019, the 14th Meeting of the Standing Committee of the 13th National People's Congress passed the Password Law of the People's Republic of China, which was promulgated by President Xi Jinping after signing the presidential order and will be officially implemented on January 1, 2020. The promulgation and implementation of the password law is a milestone in the history of password work, which will have a significant and far-reaching impact on the development of the password cause.
Fully understand the importance of formulating and implementing the password law
The password is the "lifeline" of our party and country. The password work is a special and important cause of the party and country. It has played an irreplaceable role in various historical periods of revolution, construction and reform in China. Entering a new era, password work is faced with many new opportunities and challenges. The formulation and implementation of the password law is of great significance to thoroughly implement the decisions and deployment of the CPC Central Committee and the spirit of the important instructions and instructions of General Secretary Xi Jinping, and comprehensively improve the level of legalization and modernization of password work.
First, this is an important measure to build the national security legal system. The Fourth Plenary Session of the 18th CPC Central Committee proposed to implement the overall concept of national security, accelerate the construction of the rule of law for national security, and build a legal system for national security. Password work is directly related to national political security, economic security, national defense security and information security. The CPC Central Committee attaches great importance to the password legislation, regards the password law as an important part of the national security legal system, emphasizes the need to study and formulate the password law in the big plate of national security and rule of law construction, and transforms the latest requirements of the Party on password work into the national will through legal procedures. The formulation and implementation of the password law has filled the long-standing legal gap in the field of passwords in China. It is of great significance to accelerate the construction of the rule of law in passwords, straighten out the relationship between relevant laws and regulations in the field of national security, and improve the legal system of national security.
Second, this is an important measure to safeguard the sovereign security of national cyberspace. Password is recognized as the most effective, reliable and economical key core technology to ensure network and information security in the world. Today, with the rapid development of information technology, the application of passwords has penetrated into all aspects of social production and life. From confidential communications and military command involving the security of the regime, to financial transactions and anti-counterfeiting tax control involving the national economy, to electronic payment and online services involving the rights and interests of citizens, passwords play a basic supporting role behind. The formulation and implementation of the password law is to upgrade the basic system of password application and management into a legal norm in time, promote the construction of a new security system in cyberspace with password technology as the core and the cross integration of various technologies, and strive to ensure that passwords are guaranteed wherever the Party and national strategies are advanced.
Third, this is an important measure to promote the high-quality development of the password cause. Our party's password work was born in January 1930, under the leadership of Mao Zedong, Zhou Enlai and other proletarian revolutionaries of the older generation. It has gone through nearly 90 years of glorious history. In the revolutionary war years, the Central Committee of the Communist Party of China planned strategies and won thousands of miles through the important channel of password communication. During the command of the three major campaigns alone, Comrade Mao Zedong drafted 197 cipher telegrams and signed thousands of cipher telegrams. Li Bai, an underground member of the Communist Party of China in Shanghai, and Qian Zhuangfei, one of the three heroes of Longtan, and other revolutionary martyrs in the movie The Never Die Wave are excellent representatives of the crypto front. Since the 18th National Congress of the Communist Party of China (CPC), under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at the core, and under the leadership of the Central Leading Group for Cryptography Work, the cryptology cause has made historic achievements and achieved historic changes. The formulation and implementation of the password law is to meet the needs of the new situation and development, promote the transformation of functions in the field of passwords and the reform of "decentralization, regulation and service", establish and improve the system for implementing, supervising and ensuring the rule of law in passwords, standardize the order of the password industry, improve the level of independent innovation and supply capacity of passwords, and provide institutional guarantee for the sound and rapid development of the password industry.
Accurately grasp the spiritual essence and main content of cryptography
The legislation of the password law not only pays attention to summarizing a series of good traditions, good experiences and good practices formed in the password management of our country, but also adapts to new situations, new problems and new challenges. The reform reshapes the current relevant management system, reflecting the spirit of inheritance, development, integrity and innovation. To implement the password law, it is important to grasp the following principles.
First, adhere to the unity of the party's control of passwords and the management according to law. The principle of party control over passwords is a profound summary of the long-term practice and historical experience of password work. The power of password work lies in the Party Central Committee, the major policies and policies of password work must be decided by the Party Central Committee, and major matters of password work must be reported to the Party Central Committee. According to the provisions of the Code Law, the most fundamental provision of the Code Law is to adhere to the leadership of the Communist Party of China in password work, clearly write into the law the fundamental principle of the Party's control of passwords, and at the same time make it clear that the central leading agency for password work uniformly leads the national password work. With the in-depth implementation of the basic strategy of comprehensively governing the country according to law, management according to law has become the basic way and internal requirement for the Party to manage passwords. Only by adhering to the Party's control of passwords can we ensure that password management will not deviate from or be out of shape in the right direction. Only by relying on legal management can the specific system of the party's password management be brought into the track of the rule of law.
Second, adhere to the unity of innovative development and ensuring security. Security is the premise of development, and development is the guarantee of security. The Cryptography Law has established a series of institutional measures to promote the development of the cryptology cause in accordance with the law, and strives to create a good environment for the innovation of cryptology technology, industrial development and application promotion. At the same time, it should be noted that password, as a typical "dual-use item", if used well, it will benefit the society; if not used well or used by bad people, it may cause immeasurable losses to the interests of the party and the country. Therefore, the Password Law expressly prohibits any organization or individual from stealing the information encrypted and protected by others, illegally intruding into others' password security system, or using passwords to engage in illegal and criminal activities that endanger national security, social and public interests, and the legitimate rights and interests of others.
Third, we should streamline administration and delegate power and strengthen supervision. The report of the 19th National Congress of the Communist Party of China pointed out that we should transform the functions of the government, deepen the streamlining of administration and decentralization, and innovate the way of supervision. The password law defines the principle of classified management of passwords, stipulates that core passwords and ordinary passwords are used to protect state secret information, and the password management department implements strict and unified management. In terms of commercial password management, we fully reflected the requirements of functional transformation and the reform of "deregulation, regulation and service", fully reflected the principle of non discrimination, significantly reduced administrative licensing matters, further relaxed market access, treated domestic and foreign products, services and domestic and foreign funded enterprises equally, standardized and strengthened in-process and post-mortem supervision, and effectively loosened the restrictions for commercial password practitioners.
Earnestly promote and implement the password law
The password law provides a powerful legal weapon for doing well the password work in the new era. The implementation of the password law will strongly promote the development of the password cause. We must make great efforts to implement the law, strictly enforce the law and punish those who break the law.
First, we will carry out in-depth publicity and popularization of cryptography. We should implement the requirements of the password law, incorporate password security education into the national education system and the civil service education and training system, make full use of the platforms such as the "National Security Education Day for All" and the "National Cyber Security Publicity Week" to carry out in-depth publicity and popularization activities of the password law, promote the password into the society, the classroom, the teaching materials, and the Internet, and strive to create a "know password, understand password, and use password" in the whole society And a strong atmosphere of respecting, learning, abiding by and using the law. Password management departments at all levels and organizations and units involved in password work should take various forms to organize their own learning, publicity and training work, so that password staff can deeply understand the provisions of the Password Law, and constantly improve their ability and level to engage in password work according to law.
Second, strictly implement the provisions of the password law. The password management departments at all levels should earnestly implement the password law, and take the implementation of this law as an important starting point for implementing the decisions and arrangements of the CPC Central Committee and strengthening and improving the password work in the new era. The national, provincial, municipal and county password management departments should establish the status of administrative subject according to law, fully perform the administrative functions entrusted by the password law, and accelerate the transformation of management functions and innovation of management methods. It is necessary to actively cooperate with functional departments such as market supervision, online trust, commerce, finance, development and reform, perform well password management and security responsibilities within the scope of responsibilities, and ensure that various systems and measures of the password law are implemented.
Third, we should work hard to improve the matching system of password law. The State Password Administration will seize the opportunity of the introduction of the Password Law, strengthen the top-level design and overall planning of the password legal system, coordinate and promote the formulation and revision of supporting laws and regulations such as the Commercial Password Management Regulations, and ensure that the password laws and regulations comply with the legislative principles and basic systems determined by the Password Law, and coordinate and link with the relevant provisions of the Password Law. Local password management departments at all levels should also, in accordance with the password law, timely clear up and formulate and revise the password laws and regulations issued in their own regions, and constantly promote the institutionalization and standardization of password work in their own regions.
It is of great responsibility and glorious mission to do a good job in password work in the new era. Let us closely unite around the Party Central Committee with Comrade Xi Jinping at the core, strengthen the "Four Consciousness", strengthen the "Four Confidence", achieve the "Two Maintenance", never forget the original intention, keep in mind the mission, adhere to the Party's control of passwords, innovation and development, and service of the overall situation, and go all out to promote the implementation of the password law, and greet the 90th anniversary of the founding of the party's password work with outstanding achievements, Make new and greater contributions to opening a new era of password work and realizing the Chinese Dream of the great rejuvenation of the Chinese nation!
(The author is the director of the State Password Administration)
