A critical evaluation of China's legal responses to cyberterrorism

Abstract

Cyberterrorism has become an increasing threat to stability and security in China. However, China does not have a special counter-cyberterrorism law, instead relying on existing anti-terrorism laws to deal with cyberterrorism. This approach raises a number of problems insofar as it may lead to legislative uncertainty and unpredictability, as well as impacting on carrying risks of over-criminalisation, a lack of counterbalance and violation of proportionality. In light of these problems, this article aims to offer a critical evaluation of China's legal responses to cyberterrorism, mainly focusing on the broad and vague definition of terrorism, the tendency to criminalise a wide range of terrorism precursor offences, and the country's preventive counterterrorism strategy. This approach also reflects the legal reality of ‘rule by law’ in China, through which the Chinese Communist Party (CCP) expands state power by broadening counterterrorism legislation to achieve its political goals, prioritising national security and ensuring social stability.