Accelerate the pace of digital economy legislation


   Jin Guanping

  At present, the speed of development of the digital economy, the wide range of radiation, and the depth of influence are unprecedented.

Accelerating the pace of legislation, improving the governance system, and promoting the regulated and healthy development of the platform economy and digital economy are the top priorities, as well as the concerns of the market and the expectations of the public.

  In recent years, my country's digital economy has achieved remarkable results.

Data show that in 2020, the scale of my country's digital economy will reach 39.2 trillion yuan, accounting for 38.6% of GDP.

The "14th Five-Year Plan" and the outline of the long-term goals for 2035 propose to create new advantages in the digital economy; the "14th Five-Year Plan" for the Development of the Digital Economy proposes that by 2025, the added value of the core industries of the digital economy will account for 10% of GDP.

To promote the high-quality development of the digital economy and achieve the goal of regulated, healthy and sustainable development, it is necessary to effectively play the role of the rule of law in "solidifying the fundamentals, stabilizing expectations, and benefiting the long-term".

  Accelerating the legislation of the digital economy is an inevitable requirement to promote the digital economy to better serve and integrate into the new development pattern.

From a domestic point of view, the digital economy has set off a new wave of development, and many places regard it as a new engine for development, and have given "local standards" for the existing problems of data ownership, use rights, and transfer rights.

For example, Zhejiang has issued special digital economy promotion regulations, proposing to fully promote the accumulation of digital economy; Beijing will accelerate the release of new vitality of the digital economy, and relevant legislation is expected to be introduced.

From an international perspective, digital technology and digital economy are the opportunities for today's technological revolution and industrial transformation, and are the key areas of a new round of international competition.

Under the background that international competition is increasingly manifested in disputes over systems, rules, and laws, China, as a practitioner and leader of the digital economy, must contribute to the world through legislation the "China Plan" for digital economic governance, and grasp the new opportunities for future development. The initiative and the right to speak.

  Speeding up the legislation of the digital economy is an inevitable move to maintain security and prevent risks.

Under the wave of the digital economy, there is an unbalanced development among different regions, groups, and industrial sectors in China, and the characteristics of interest disputes are obvious, which need to be regulated by legal means and resolved by legal thinking.

Last year, my country issued anti-monopoly guidelines on the platform economy to strengthen anti-monopoly and prevent the disorderly expansion of capital.

The regulatory authorities have taken action many times to strengthen anti-monopoly law enforcement; in the field of anti-monopoly and anti-unfair competition, the legislative and judicial departments have their own roles; Internet courts have played an exemplary and leading role in establishing rules, improving systems, and digital governance... These have accumulated practical experience for digital economy legislation.

  It is the general trend to speed up the legislation of the digital economy. The sooner we act, the more proactive we will be.

To improve the governance of the digital economy, supervision must continue to exert its efforts to achieve regulation and development in the process of development, and it is necessary to improve the laws and regulations from the system, improve the system and mechanism, and improve the modernization level of my country's digital economy governance system and governance capacity.

At present, the laws and regulations related to the digital economy in my country have been increasingly improved, but they are relatively scattered. It is necessary to coordinate and coordinate legislation at the national level to give full play to the effectiveness of comprehensive governance.

The digital economy involves administrative law, civil law, intellectual property law and other fields, and is closely related to network security, intellectual property rights, market competition, and consumer rights protection.

Local legislation in the field of digital economy is the first to “explore the way” for national legislation.

The 2021 Legislative Work Plan of the Standing Committee of the National People's Congress has proposed to strengthen relevant legislative work related to new technologies and applications such as digital economy, Internet finance, artificial intelligence, big data, and cloud computing.

  Advance in the logic of historical progress and develop in the trend of the development of the times.

To speed up the legislation of the digital economy, we must do a good job in the big article of regulation and development, coordinate multiple departments, involve multiple fields, and have to take root in the country and have a global perspective.

This requires relevant departments to further do a good job in top-level design, follow the pulse of the development of the digital economy, closely follow the characteristics of the market and industry, strengthen the systematic, holistic and collaborative legislation, and promote the formation of a modern digital economy that is unified, fair, competitive and mature. market system.

Jin Guanping