关键词: 数据跨境流动, 变迁, 动态系统论, 要素评价, 规制

Abstract: Given the significant role data plays in the current world, this paper aims to clarify and analyze the dynamic changes in China’s crossborder data flow regulation measures and their driving forces. A dynamic systems theory is actively introduced as a new methodological approach to interpret the legitimacy and rationality of the effectiveness of China’s crossborder data flow regulation, and to clarify the legislative path for future developments. Subsequently, in legislation, it is essential to define the various elements that should be considered in regulating data flow in China: protection of national security and public interests, protection of personal privacy rights, ensuring the free flow of crossborder data, compliance with international agreement terms, the necessity of restricting data flow, and the mechanism for balancing and evaluating various elements in the judicial context, in order to achieve a flexible legal effect in data flow regulation.

Key words: crossborder data flow, changes, dynamic system theory, element evaluation, regulate