On October 26, 2019, the 14th Session of the Standing Committee of the 13th National People's Congress passed the Password Law of the People's Republic of China by a high vote, and President Xi Jinping signed Presidential Decree No. 35 to announce it, which will be officially implemented on January 1, 2020. The comprehensive implementation of the password law is an important measure to conscientiously study and implement the spirit of the 19th National Congress of the Communist Party of China, an important measure to thoroughly implement General Secretary Xi Jinping's important instructions on password work, and an important measure to comprehensively improve the legalization and modernization of password work.
The password law is an important law with Chinese characteristics formulated by the Party leadership
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. Under the direct leadership of the Central Committee of the Communist Party of China (CPC), password work has developed from scratch, from scratch to science, from tradition to modernity, and has blazed a path of development with Chinese characteristics, established a centralized and unified leadership and management system, and established an effective system of laws and regulations. Since Comrade Mao Zedong personally approved the Secret Rules and established the basic system of password work, the Party Central Committee has made more than 20 important decisions to strengthen and improve password work according to the major changes in the situation and tasks of password work in different periods, and has formulated and revised password work rules eight times, clarifying the major policy of password work and promoting the rapid development of password work.
Since the 18th CPC National Congress, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at the core, and under the direct leadership of the Central Cryptographic Work Leading Group and the General Office of the Central Committee, the cryptographic cause has made historic achievements and achieved historic changes. Especially with the implementation of the network power strategy, the national informatization development strategy, and the national big data strategy, the transformation and upgrading of China's password industry has accelerated. The password function has expanded from a single information encryption to identity recognition, security isolation, integrity protection, and other aspects. The password application is no longer limited to the party, government, and military leading organs and key confidential departments, It covers all aspects of economic and social life. The existing password laws and regulations can no longer fully meet the needs of the development of the password cause in the new era. It is urgent to sum up practical experience, strengthen system innovation, and upgrade the latest requirements of the Party for password work into systems and laws.
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 build a password legal system with the password law as the core. The formulation and implementation of the password law is to upgrade the basic system of core passwords and ordinary passwords in maintaining national security, the application of commercial passwords in important fields, the improvement of basic support capacity, as well as the detection and authentication, security assessment, national security review and other systems determined by the Party Central Committee into legal norms in a timely manner, and reshape the current password management system at the legislative level, Guide the whole society to use passwords in a compliant, correct and effective manner, and bring all fields, links and elements of password work into the orbit of the rule of law. Comrades on the national password front should, from the perspective of adhering to and improving the socialist system with Chinese characteristics and promoting the modernization of the national governance system and capacity, deeply understand the important background and significance of the formulation and implementation of the password law, earnestly enhance the consciousness of learning and implementing the password law, and do a better job of the party's password work in the new era with a stronger sense of responsibility.
The password law is a comprehensive and basic law in the field of password in China
Cryptography is an important battlefield for our party to fight against the enemy, an important defense line to ensure national security and fundamental interests, and an important channel for the CPC Central Committee, the State Council, and the Central Military Commission to implement leadership and command. The password law is a comprehensive and basic law in the field of password in China, and is the fundamental follow and action guide for doing well in the password work in the new era. To implement the password law, we must be comprehensive and accurate, especially understand the guiding ideology of the legislation, understand and master the special nature and status of the password work, and focus on learning and grasping the following principles.
First, we must always adhere to the Party's password. Adhering to the absolute leadership of the Party is the most important, fundamental and core principle of password work. We must firmly adhere to it at any time and under any circumstances, and never waver. 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, it is the most fundamental provision of the Code Law to adhere to the leadership of the Communist Party of China in password work and take a clear-cut stand to write the fundamental principle of the Party's control of passwords into law. At the same time, the leading organization of the central password work, namely the leading group of the central password work, was defined to exercise unified leadership over the national password work, and established the leadership system of password work according to law, providing a fundamental guarantee for the development of password work in the right direction.
Second, we must always adhere to innovative development. The history of password development is the history of spear and shield, weaving and breaking, and the struggle between the enemy and us. In the long-term struggle and practice, the cryptography work has developed in the process of inheritance and innovation in the process of development, and has blazed a path of development with Chinese characteristics. Practice has repeatedly proved that the core technology of cryptography is not available, cannot be bought, and cannot be obtained. The key is to rely on independent innovation. This is the foundation for the establishment, development and strength of cryptography. The Password Law has established a series of institutional measures to promote the development of the password cause according to law, including encouraging the progress and innovation of password science and technology, protecting intellectual property rights in the password field, promoting the development of the password industry, implementing recognition and rewards for password work, etc., so as to fully mobilize the enthusiasm of all parties, improve the level of independent innovation and supply capacity of passwords, and provide institutional guarantee for the sound and rapid development of the password cause.
Third, we must always adhere to the overall situation of service. Password is known as the "lifeline" and "lifeline" of our party and country, and password work is positioned as the "lifeline, security line, and command line" of the development of the party and country. Today, with the rapid development of informatization, networking and digitalization, passwords have gone out of high walls and into thousands of households. From confidential communication and military command related to regime security, to financial transactions and anti-counterfeiting tax control related to national economy, to electronic payment and online services related to citizens' rights and interests, passwords play a basic supporting role behind them. The password law scientifically summarizes the long-term experience in password work, clearly defines the classified management of core passwords, ordinary passwords and commercial passwords, stipulates that core passwords, ordinary passwords are used to protect state secret information, and commercial passwords are used to protect information that is not a state secret, in order to better play the role of passwords in maintaining national security and promoting economic and social development Systematic institutional arrangements have been made to protect the interests of the people.
The vitality and authority of cryptography lies in its implementation
"It is not difficult to legislate the world's affairs, but it is difficult to enforce the law." The vitality of law lies in its implementation, and the authority of law also lies in its implementation. The password law provides a strong legal guarantee for our password work in the new era. The implementation of the Cryptography Law will certainly promote the high-quality development of the cryptology work more effectively. Comrades on the national password front must work hard on implementation, ensure that laws must be observed, law enforcement must be strict, and violations must be prosecuted, and effectively transform institutional advantages into governance effectiveness.
First, we must constantly improve the legal system. We should firmly hold the "bull nose" of the password law, strengthen the top-level design and overall planning of the password legal system, and, in accordance with the principles of the party's password management, scientific legislation, and democratic legislation, comprehensively promote the establishment, reform, abolition, and release of intra party laws, administrative regulations, and rules on password work, and strive to solve the "blind spots" and "missing items" of the password legal system, Ensure that the password laws and regulations comply with the legislative principles and basic systems determined by the Password Law, coordinate and link with the relevant provisions of the Password Law, form a set of more mature and stereotyped password legal systems within two years, and constantly improve the systematicness, uniformity and authority of the password legal system.
Second, we must strictly implement the laws and regulations. Strengthen the awareness of the system, strengthen the implementation of the system, earnestly implement the password law, and take the implementation of this law as an important starting point to implement the decision and deployment of the CPC Central Committee on password work, and strengthen and improve the password work in the new era. Deeply promote the reform of streamlining administration and delegating power and "delegating power, regulation and service", accelerate the establishment of power list, responsibility list and negative list, and constantly promote the transformation of password management functions and innovation of management methods. Strengthen the supervision and inspection of password work, use supervision to transmit pressure, use pressure to promote the implementation, and ensure that the provisions of the password law take root. Strengthen the supervision and administrative law enforcement during and after the event, establish and improve the coordination mechanism of supervision and law enforcement, and dare to show the sword for violations of the password law, so that the railway regulations can be put into force and the ban can become powerful.
Third, we should effectively strengthen the protection of the rule of law. In accordance with the provisions of the Password Law, we will improve the leadership and management system for password work under unified leadership and responsibility at different levels, establish the administrative subject status of the national, provincial, municipal and county password management departments according to law, and provide strong organizational guarantee for the full implementation of the Password Law; We will incorporate password work into the national economic and social development plan, strengthen the training of password talents and team building, and provide solid talent security and material conditions for the full implementation of the password law; We will incorporate password security education into the national education system and the civil service education and training system, carry out extensive publicity and education on password law in various forms, and strive to create a strong atmosphere of "knowing, understanding, and using passwords" and respecting, learning, abiding, and using the law in the whole society.
The new era calls for new responsibilities, and new missions give birth to new achievements. Let us closely unite around the Party Central Committee with Comrade Xi Jinping at the core, strengthen confidence, maintain determination, forge ahead, blaze new trails, promote the comprehensive implementation of the password law with the spirit of nail driving, and strive to open a new era of password work with loyalty and dedication, in order to uphold and improve the socialist system with Chinese characteristics, and promote the modernization of the national governance system and governance capability, Work hard to achieve the "Two Centenary Goals" and the Chinese Dream of the great rejuvenation of the Chinese nation!
(The author is the director of the State Password Administration)
