对我国网络安全立法的价值考量

On the Value Consideration of Our Country Network Security Legislation

随着计算机网络技术的迅猛发展,人类已经开始步入一个崭新的时代 ——信息网络时代。然而,网络是一把双刃剑,它在带给我们快乐和欣喜的同 时,也带给我们许多诸如网络犯罪、网络侵权等对整个信息网络安全构成严重 威胁的问题,对此,必须予以立法规制。在进行网络安全立法时,首先应当从价 值层面进行深入思考,做到二个兼顾,即兼顾网络安全与网络发展,兼顾社会 公共利益与个人利益。这既是网络安全立法的价值追求,也是它的最终归宿。

With the swift development ot computer network technology, the human being has already started to march into a new time, the information network time. However, the network is a double-edged sword which brings the joy and happiness to us as well as takes to us many problems such as networks crimes, network right infringement and so on which have posed the serious threat to the entire information network. For this reason, we have to draw up the taw to prevent them from damaging network. In the process of forming the network security law, we must first give a consideration from the value. So we should achieve two proper attentions, namely proper attention to both network security and network development, proper attention to both public interest and personal interest. Not only this is a value pursue in the network security legislation, but also is this its destination.