two thousand and nineteen year ten month twenty-six 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" on October,, President Xi Jinping signed a presidential order and announced it on two thousand and twenty year one month one It will come into force from. The promulgation and implementation of the Code Law has filled the legal gap in the field of cryptography in China for a long time, and is a milestone in the history of cryptography work. Cryptography is the core of Xi Jinping's thought of socialism with Chinese characteristics for a new era “ Cryptography ” Is to implement the spirit of the General Secretary's important instructions on confidential password work, especially “ Insist on innovation and development unswervingly ” The important embodiment of the requirements will provide strong legal support and institutional guarantee for the innovation of cryptography technology in the new era.
As a scientific and technological worker engaged in password research, shouldering the special responsibility and mission of providing the Party Central Committee with safe and reliable information technology support and service guarantee, he should stand at the forefront of password technology innovation, fully understand the comprehensive promotion role of password law on password technology innovation, release the huge thrust of password law on password technology innovation, and dare to take on and innovate.
1、 Fully understand the relationship between law and technological innovation
In scientific and technological innovation, the relationship between subjects and between subjects and objects belongs to social relations. As the main rule of adjusting social relations in modern democratic countries ruled by law, law controls and regulates any scientific and technological innovation behavior. Scientific and technological innovation and the rule of law are like two wheels of a car and two wings of a bird. Only by cooperating with each other and bringing out the best in each other can we achieve the best results. A clear understanding of the relationship between law and scientific and technological innovation is a necessary prerequisite for giving play to the protection function of cryptography in promoting scientific and technological innovation, and is the basic guarantee for both to achieve rapid progress.
The development of scientific and technological innovation determines the legislative content of law. The formulation and implementation of laws must be based on and premised on the development level of the real productive forces and production relations, and must adapt to and meet the basic requirements of the development of the real productive forces and production relations. Once separated from this basic premise and basic requirements, the guidance and regulation role of laws will not be given full play, and even disrupt the reasonable order of economic and social development, Make people's social production activities "go astray". The formulation and promulgation of the password law are completely based on the actual productivity and the development level of production relations in China. The provisions on scientific and technological innovation are based on the development level of the existing password technology, and take adjusting the existing legal relations and solving existing legal problems as the starting point to actively adapt to the development trend and requirements of science and technology, The development of scientific and technological innovation will also continue to promote the evolution of legal provisions and the introduction and improvement of legal rules.
The formulation and implementation of laws provide a strong guarantee for scientific and technological innovation. Compared with general policy documents, laws, as the most authoritative system formulated and recognized by the state and guaranteed to be implemented by the state's coercive force, play a relatively stable and highly anticipated incentive role in scientific and technological innovation activities. The law stimulates the enthusiasm of scientific and technological subjects, and gathers strong forces for scientific and technological innovation. Science and technology subject as “ economic man ” Individuals will inevitably have certain interest expectations for the consequences of their actions. Only when the interests of the subject are guaranteed, can they actively engage in scientific and technological innovation. Good laws, through reasonable setting of commendation and reward, achievement protection and other provisions, realize the dual protection of human dignity and property rights and interests of scientific and technological subjects, fully mobilize the enthusiasm and creativity of scientific and technological subjects, pool the main force, and promote scientific and technological innovation and progress. The law optimizes the allocation of resources to provide material guarantee for scientific and technological innovation. The output of scientific and technological innovation achievements is based on continuous trial and error, and cannot be separated from the support of considerable R&D investment. In scientific and technological innovation activities, material resources such as funds, information and equipment are as important and indispensable as scientific and technological subjects. The law has a certain guiding role, which can allocate resources in the direction of scientific and technological innovation needs, and improve the efficiency of resource allocation. Good law realizes the allocation and supply of material resources and ensures the efficient and sustainable development of scientific and technological innovation by reasonably and legally setting legal provisions such as financial support, infrastructure construction, institutional talent training, etc. The operation of the legal regulation system provides a stable environment for scientific and technological innovation. Scientific and technological innovation activities are not isolated and need different subjects to participate and cooperate with each other; At the same time, scientific and technological innovation activities have spillover effects, which may bring changes to society and trigger new social problems. In this system project, any loophole in any link will form “ Buckets effect ” And affect the smooth development of scientific and technological innovation. As an important means of adjusting social relations, law regulates all aspects of the scientific and technological innovation system at the macro level to ensure the benign operation of the system. Good laws determine the strategic position of scientific and technological innovation and ensure the stability of scientific and technological innovation; Clarify the rights and obligations of various scientific and technological subjects, and build a healthy and reasonable scientific and technological innovation system; Encourage the improvement of the transformation mechanism of innovation achievements such as intellectual property rights, list the negative list of scientific and technological impossibility, standardize the application of scientific and technological innovation achievements, and ensure the sustainable development of scientific and technological innovation.
2、 Deeply understand the role of cryptography in promoting the innovation of cryptography technology
The introduction of the Cryptography Law has provided valuable strategic opportunities and development opportunities for the leapfrog development of cryptography technology and the innovation of cryptography technology to a new level.
Cultivate the superior ecology of password technology innovation. As the first comprehensive and basic law in the field of cryptography, cryptography has taken many measures to comprehensively optimize the innovation ecology of cryptography technology. First, the Cryptography Law clearly stipulates that the cryptology work adheres to the principle of innovation and development, and will “ Promote the progress and innovation of cryptography science and technology ” Write specific articles to indicate the only way for the development of cryptographic technology. The authoritative expression of the national will will promote the industry's innovation culture to become a common practice. Secondly, the Cryptography Law has made clear requirements for password security education. With this carrier, we can strengthen the science popularization of password knowledge in the whole society, promote the formation of a good atmosphere for learning and loving passwords, and fully release the infinite innovation wisdom hidden among hundreds of millions of people. Thirdly, the explicit requirements for talent training and team building of the cryptosystem will further expand the talent base and lay a more solid talent foundation for scientific and technological innovation. In addition, by adjusting the current commercial password management system, the password law focuses on effectively easing the constraints on enterprises, which can fully stimulate enterprises to play the role of innovation subject and let the innovation force of the whole society flow fully.
Create a benign development trend of password technology innovation. Cryptography has scientifically answered major questions such as the development direction and measures of cryptology technology, and reasonably defined the application needs of cryptology technology. In terms of development orientation, password “ Dual-use item ” The special attribute of cryptology is that it clearly defines that cryptology technology is used to "ensure security and promote development" “ Undertaking ” , and clearly demarcate cryptography technology “ Not only ” The ethical red line and legal high-voltage line ensure that the development direction of cryptographic technology is not biased, the focus is not shifted, and the target is not changed. In terms of development measures, the Cryptography Law carries out precise measures according to the principle of classified management, and deepens the scientific planning of core passwords and ordinary passwords, promotes participation in international standardization activities of commercial passwords, improves the commercial password market system, and deepens the scientific and technological development situation of the national market promotion, "core (password), universal (password), and commercial (password)". In terms of application space, the Cryptography Law not only stipulates the application scenarios for mandatory use of passwords, but also gives citizens, legal persons and other organizations the right to use commercial passwords according to law. The legal diversified needs and broad space put forward urgent needs for high-quality password technology products and technology applications with advanced technology and outstanding innovative value, providing a broad stage for password technology innovation.
Build a complete guarantee mechanism for password technology innovation. At the same time of solidifying the party's and the country's serial password security mechanisms, the password law absorbs the current relevant national systems in a targeted way to build a security system that stimulates the innovation of password technology according to the actual situation. In terms of fund guarantee, based on the common practice of combining the central overall planning fund with the regional supporting support for password work, the Password Law stipulates that the people's government at or above the county level should include the funds needed for password work in the financial budget at the same level; In terms of intellectual property protection, the Password Law has made specific provisions on the protection of intellectual property rights in the field of passwords according to law in several articles. By protecting the ownership of knowledge, it can fully mobilize the enthusiasm of various innovation subjects, promote the rational sharing of innovation achievements and optimize the allocation of social resources; In terms of recognition and reward, the current recognition and reward system for cryptographic work, since its implementation, has strongly promoted the emergence of a large number of advanced cryptographic technology innovation achievements, advanced teams or individuals. Its high level and authority will be further strengthened after being solidified by the cryptographic method, and the positive incentive and wind direction leading role is expected to be amplified, promoting the endless emergence of scientific and technological innovation practices.
We have every reason to believe that under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at the core, under the strong guidance of the password law, and under the joint efforts of colleagues across the country and the whole system, the innovation ability of password technology will be greatly improved, and it will be in the protection of the party and the country's "lifeline" To ensure the absolute safety and smoothness of the Party Central Committee's directives and decrees, play a more significant role in technical support and service guarantee, and make new and greater contributions to the realization of the "Two Centenary Goals" and the Chinese Dream of the great rejuvenation of the Chinese nation!
(The author is an academician of the Chinese Academy of Sciences)
