Gong Ke
After Meng Wanzhou had just been arrested on December 1 last year, some media analysis believed that this incident had its own promotion rhythm and was not necessarily related to the Sino -US trade war.I am afraid that the fate of each other's entanglement between the two today.Especially when Trump stated that he could get involved in the Meng Case and clearly linked the matter with the trade war, this kind of story line that may be just a coincidence was crossed and was artificially twisted together, and Huawei was inevitable.Become a pawn in the big country.
However, in Europe, the story line does not have the same degree of coincidence. China -Europe relations do not have a distinctive country as a big country like Sino -US relations.After all, on the table, European countries are more from their own security perspectives, trying to find a balance point between multiple factors such as making themselves peace of mind, reassuring, and no delay in technical progress.
In terms of communication technology (especially 5G) itself, China and the United States have also shown the pattern of the two strong hegemony, leading the other parts of the world (including Europe). If the leading company Huawei suffers a severe frustration, the biggest beneficiary is undoubtedly American competitors such as Cisco.Secondly, the Sino -US trade war led by Trump, while Europe is in the most vulnerable position.European industry evaluation states that if Europe abandon the use of Huawei's 5G equipment, it may lag behind China and the United States for one to two years.Once Huawei is excluded from the United States, in Europe, it may face strong asking prices of American suppliers, or relying on companies with relatively weaker technical forces such as Ericsson and Nokia, so safety and costs are also difficult to control.
Among the considerations of various considerations, the most important thing for Europeans is the issue and government relations between the enterprises and government in Huawei.This consideration can be seen from the statement of German Chancellor Merkel's visit to Japan in early February: we need to talk to China to ensure that companies will not simply hand over data to the government.Merkel believes that some protection measures are needed on the issue of data protection.
Also in early February, the media announced a reply from Huawei's executive director and operator BG President Ding Yun to the Science and Technology Committee of the British House of Commons.The letter once again defended the company's development status and prospects in the UK.Among them, the outside world is most concerned about Huawei's big money, which will soon spend 2 billion US dollars in the next five years to significantly improve their software engineering strength in order to better cope with a more complicated security environment.At the same time, Huawei also worked hard to lower his body, admitting that his software engineering still improved.This move is widely regarded by the outside world as a good move of Huawei spending money to buy.
However, the real intriguing place in this reply is aimed at the government -corporate relations.It is also in this part that Huawei's confusion and helplessness are exposed.
Article 7 of the Chinese National Intelligence Law, which has previously aroused extensive discussions on the outside world, stipulates that any organization or citizen should support, assist and cooperate with national intelligence work in accordance with the law, and keep the national intelligence work secrets known to the national intelligence work.The state protects individuals and organizations in support, assistance and cooperation with national intelligence.
The fourth question to answer this letter is the relationship between government and enterprises: To what extent will Huawei use the software and hardware in the UK or the information collected in the UK, and is forced to assist the Chinese national intelligence work?
Huawei first responded to the iron, and the company never used software and hardware in the UK or information collected in the UK and anywhere to assist other countries to collect information.Secondly, Huawei expressed awareness of the concerns of the outside world for national intelligence law and clarified its position on the following three issues.
First, a spokesman for the Chinese Ministry of Foreign Affairs (December 10, 2018) stated that Chinese laws and regulations did not authorize any institutions to force enterprises to install the backdoor. China's anti -spy law anti -terrorist French Intelligence LawRelevant terms have not authorized the Chinese government agencies to insert back doors, eavesdropping equipment or spy software in telecommunications facilities;
2. Huawei reiterates that the company has never received such (Anju back door) requirements. Even if such requirements are received, the company will resoluteDamage to any country, organization or individual, especially in terms of network security and privacy protection.
3. Huawei claims that Article 3 of the Chinese Criminal Law stipulates that the law does not explicitly stipulates that criminal acts shall not be convicted.Chinese law does not stipulate that a company should assume criminal responsibility for not in accordance with the above requirements. There is no similar precedent in Chinese judicial practice. Therefore, if Huawei receives such requirements and refuses to act, the company will not bear the punishment.
Huawei stated in the letter that in response to the response to relevant legal issues, he had confirmed the legal opinion to the Chinese Zhonglun Law Firm and the British CLIFFORD CHANCE LLP.The delicateness.
First of all, the legal opinions quoted in the letter are that the relevant provisions of the above -mentioned laws do not appar to empower PRC Government Authorities to ..., which also involves two issues, one is that the meaning of Appear is unclear. Of course, it can be understood by it.The rigor of lawyers in legal issues, on the other hand, even under the fine product, there are even no sarcasm; the second is that the legal person adheres to the classic thinking of the rule of law and believes that the law should be applied in the field of administrative and law.In principle, in China's institutional environment, the administrative department especially involves security and intelligence work, and often over authority. The law does not have the regulations.mdash; mdash; As long as you think about the Causeway Bay Bookstore case, this layer of logic is not difficult to understand.
Secondly, the legal opinions quoted by Huawei stated that the relevant provisions of the National Intelligence Law did not have an exterior effect on overseas subsidiaries and employees of Chinese companies, trying to dispel the doubts of the British authorities.
Although in principle, this statement is not wrong, but this legal opinion is not clear. Under the principle of the belonging, the relevant legal terms still restrict Chinese Huawei employees who work overseas., Assist and cooperate with the information of the Chinese authorities.Taking the Causeway Bay Bookstore Case as an example, in the case of 23 articles that did not legislate and the implementation scope of the National Security Law in 2015, it did not extend to Hong Kong (let alone foreign), and the parties still encountered strength in Hong Kong or even Thailand.
Huawei is an independent company?
Regardless of the letter from Huawei to reply to the Science and Technology Committee of the British House of Commons or Ren Zhengfei on December 15th, Ren Zhengfei was interviewed by foreign media. Huawei claimed that he was an independent company (interesting that in the interview of Chinese media two days later, Ren ZhengfeiIt did not mention this).However, it is clear that people who know the history and current situation after 1949. How is it easy to be an independent company in mainland China?
The outside world's doubts about Huawei often quoted Ren Zheng's early entrepreneurial experience. For example, he was an engineer of the People's Liberation Army Railway, and Huawei's important contract in the early years also came from building a communication system for the PLA.However, this historical source is difficult to prove today's connection (if it exists), so it is more meaningful to question the present and the future.In this dimension, Huawei did not give convincing answers.
In the foreign media interview on January 15, the question from the Associated Press reporter If the Ministry of National Security of China found that Huawei must do something for them, what can Huawei do?What will Huawei do?Ren Zhengfei gave a nearly teasing response. I avoided the substantive problem. I sold the company to you (referring to the Ministry of National Security). If you can't afford it, I will turn off the company and claim that Apple is the role model of Huawei, andIt is better to close the company and will not be driven by interests, but do things that should not be done.
The reason why it is a joke is that in China, all people with common sense knowIn fact, this kind of idealistic business ideas that would rather do not be full of tiles are actually impossible.And Huawei, who emphasizes the wolf nature, may be the most clear that there are ruthless wolves in this world, wolves that are profitable, and cunning and wolves, but there is no high -engine idealist banner, and the entire wolf group must be led.The same wolf.
Under the same logic, CNBC reporters have asked, whether Apple is the role model, does it mean that if the Chinese government is required to draw data from Huawei's network, Huawei will also appeal?Ren Zhengfei completely avoided the problem this time, and once again claimed that we would never do things that infringe on customer interests.
In fact, not only Europe and the United States are suspicious, but even the Chinese themselves will doubt it. After hearing a series of college students who have been interviewed by the wall, netizens turn over the wall, they are detained, VPN operators are arrested, etc.Of course not outside the law.
In addition, the network equipment itself has a very high technical threshold, but this industry has never had moral immunity and self -purification function.In fact, in recent years, in mainland China, Huawei has been pressing in step by step, and the retreat of Cisco is the same logic. Just as the title of official media righteousness, the title of the American Cisco Router presets lsquo;What is even more ironic is that, as domestic manufacturers are still weak, Cisco has also played a bad role that intercepts data and handed over to the Chinese official.However, when the battlefield is transferred from China to the international, the role of this beneficiary and victims has occurred.
In the final analysis, the dilemma that Huawei is currently facing is the embodiment of its own two laws of Chinese companies, as the era of Chinese companies, as the era of globalization.On the one hand, after the development and growth since the 1990s, Huawei is undoubtedly a deep participant in the construction of global telecommunications infrastructure and the leader of the 5G era.In the era, Huawei bears the design of Chinese private companies on the world stage, and like all Chinese companies, they have to face the sword on the Damocharis above their heads.
The government still has a large extent retaining the shore of the soil and Mo Fei Wang Chen's thinking model, which is obtained, and it is no exception regardless of natural persons or legal persons.This kind of legitimate anxiety from the heart and the crisis related to the security of the regime (Article 7 of the National Intelligence Law is an example), maybe Huawei is the biggest enemy that Huawei has really moved towards the world.
The author is the media of the Travel France
After the development and growth since the 1990s, Huawei is undoubtedly the in -depth participants in the construction of global telecommunications infrastructure and the leader of the 5G era. But at the same time, it is a Chinese company after all.Huawei is responsible for Chinese private companies on the world's stage, and like all Chinese companies, they have to face the sword of Damoris above their heads.
