Constructing cybersecurity discourse via deconstructing legislation

Abstract

Abstract Based on a self-built corpus of Chinese cybersecurity legislation, this study explores the construction of China’s official cybersecurity discourse via deconstructing cybersecurity legislation from the perspective of system theory. Analysis focusing on the internal features of the discourse obtains the themes, actors, and legal relations in China’s cybersecurity legislation. Among four pairs of legal relations, system theory provides an explanation for the tension between public-private legal relationship and private-private legal relationship, that is, whether the legislative system chooses to delegate network operators with administrative function depends on how the system perceives the nature of cybersecurity issues and integrate new issues into securitization process. Furthermore, the external features of legislation discourse reveal the changes in the number of all levels of cybersecurity legislation. It is found that the coupling resonance of the political system and the legal system promotes the development of relevant legislation, and facilitates the self-development legislation system to transfer from diversified legislation to unified legislation.