New law better safeguards national security

People pose in front of a display showing the word 'cyber' in binary code, in this picture illustration taken in Zenica December 27, 2014. [Photo/Agencies]

The legislation on national security that was passed on Wednesday is a further step toward building up China's national security based on its situation while learning from the experiences of some developed countries.

Most importantly, the new bill emphasizes the importance of the overall national security outlook, which, as the top leader Xi Jinping has previously highlighted, covers a wide variety of different areas beyond defense, including the economy, politics, technology, the environment, culture, cyberspace, as well as efforts to maintain safe neighboring and international environments, and so on.

Xi stressed the need for an overall national security outlook in April last year, when he introduced the expanded scope of "national security" and noted the interactions between different aspects of national security, paving the way for a comprehensive strategy for national security.

Some Western media have said the new security law "might undermine people's freedom". But this is a distorted view seen through tinted glasses. On the contrary, the law reinforces the people-oriented goal of national security.

In the new law, people's security is the first priority for national security according to Article 3. Article 1 emphasizes "people's fundamental interests" and Article 2 "people's welfare", while "to respect and guarantee human rights, protect citizens' rights and freedom according to law" should be safeguarded by national security, according to Article 7, and Article 16 states "to protect people's security" is a fundamental task for national security.

Different from the 1993 national security law, which had no specific definition of national security, the new law for the first time has defined the term. According to Article 2, national security is ensuring the national regime, sovereignty, unification and integrity of territory, people's welfare, sustainable social and economic development, as well as some other important national interests are relatively not at peril from internal or external threats, and the nation has the capacity to protect itself from future threats.

This definition covers both traditional and non-traditional securities, while "some other important national interests" is flexible, leaving room for national security efforts to develop according to the times.

Moreover, the law establishes the leadership system for national security. Article 4 stresses the leading role of the Communist Party of China in this aspect, and Article 5 makes clear the responsibility of the Central National Security Commission.

The variety and complex nature of national security threats nowadays require policymakers to make swift appraisals and effective responses. Therefore, many countries have established a national security decision-making and coordination body. Establishing the Party's leadership in the National Security Law is natural if the country is to strengthen its security in the face of new threats and effectively counter security threats as they arise.

What's particularly creative comment is the inclusion of "cyberspace sovereignty" in the law for the first time.

Article 25 stipulates that the nation needs to strengthen its management of the Internet, prevent and punish illegal and criminal acts, such as network attacks, cyber espionage and the spreading of illegal or harmful content, and safeguard its national cyberspace sovereignty and security.

Advancing the concept of cyberspace sovereignty is a remarkable innovation, as it adds cyberspace to the nation's existing land, ocean and airspace territories.

In recent years, the exposure of significant network security threats, such as the US National Security Agency's PRISM program and the large-scale disclosures of Internet users' personal information, has drawn growing attention to security in cyberspace. Most countries make efforts to protect the networks under their jurisdiction and regulate behavior in their cyberspace. The concept of cyberspace sovereignty in the National Security Law will help China enhance governance in cyberspace, establish a cyberspace security system and safeguard China's cyberspace sovereignty security.

The law has also made efforts to strengthen people's awareness of national security by establishing a National Security Education Day on April 15 to raise citizens' awareness so they actively support national security efforts.

In all, the new National Security Law strengthens China's national security under the rule of law to meet the needs of the changing times.

The author is a senior researcher on law studies with the Chinese Academy of Social Sciences.