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网络安全立法的调整对象和调整方法决定了它必须依赖行政法律规范和制度,既重视司法审查,也强调行政程序法治的意义。立法要建立法治原则、安全原则、民主原则、正当程序原则、鼓励参与原则等,并以此确定其总纲部分。立法涉及的行政主体不仅包括了行政机关,也包括了获得显性或隐性授权的组织。立法要设定行政主体的权限,并依法保护行政相对人的合法权益。立法应当重视通过程序的规制,明确网络安全执法以及公众参与的主要程序,尤其重视软法的运用。在法律责任部分,既要划分责任类型,也要确定责任标准。
The object and method of adjustment of cybersecurity legislation decide that it must rely on the norms and systems of administrative law, not only attach importance to judicial review, but also emphasize the significance of administrative procedure and the rule of law. Legislation should establish the rule of law principle, the principle of security, the principle of democracy, the principle of due process, to encourage the principle of participation, and to determine its general outline. The administrative body involved in the legislation includes not only the administrative organs but also the organizations that obtain explicit or implicit authorization. The legislation should set the authority of the administrative body and protect the lawful rights and interests of the administrative counterpart according to law. Legislation should attach importance to the adoption of procedural regulations, a clear cyber security enforcement and public participation in the main procedures, with particular emphasis on the use of soft law. In the legal responsibility part, it is necessary to divide the responsibility type, but also to determine the responsibility standards.