Jurisprudent Analysis Of Cyberspace

The breakthrough of every key technology normally results in the transformation of human life and even the change of basic social structure. New lifestyle and social rules will be formed, with new living space explored. Since the 21st century, the rising network technology is sweeping the globe with its rapid pace and enormous force. Cyberspace, which is a virtual world but an objective entity consisting of URLs and passwords, has begun to emerge. As a new style of open society, it is gradually changing the life mode, the economical pattern, the political structure and the social life. To a further degree, it is bringing an unprecedented impact and influence to the legal theory and system of the real society.What’re the challenges brought by the cyberspace to the society? What is its property in a legal sense? How to reconstruct the legal theory of real world? What’s the value of cyberspace? Whether or not a new branch of jurisprudence should be set up to study the basic legal issues in cyberspace? All of this is worthy of deep-meditating and positively-exploring. Theoretically, the clarification on these fundamental questions helps people to keep a clear head about the laws applicable to cyberspace, to provide an overall guidance to cyberspace legislation, and to have a theory basis for the study on specific cyber cases. It is biased and incomplete that any existing law department tries to answer for the fundamental research. Only after full jurisprudent analysis of cyberspace can we get a truly effective response.The paper consists of five parts. the foreword, mainly introduces the origin of the study, the meaning of the subject, academic reviews, research methods and innovations. The cause of the research originates from the great impact to the real society brought by cyberspace. Attempts to avoid effectively the compromise and embarrassment, which are arising from the research on the theory and practice of cyber laws, is the power source for further in-depth study. The jurisprudent analysis of cyberspace has its great theoretical and practical importance. Theoretically, the generalization and reflection of cyberspace in a legal sense can make it more recognizable and understandable from a different perspective, also can exploit new reseach field and changes of research paradigm, and can bring the new branch-cyberjurisprudence- come into being. Practically, the analysis can guide effectively the choice of mode for domestic cyber legislation and provide practicable solutions to new legal ssues.Chapter 1 elucidates the rise of cyberspace from three aspects:definitions, characteristics and impacts to the society. Cyberspace comes out as a product of IT technology, but it is not a mere technical space but also a social space which characterized by virtuality, anonymity, open, non-central authority, real-time and globality. With the rise of cyberspace, it brings the people to an unprecedented situation, which the lifestyle, economical pattern, political structure and social life have been gradually changing. Overall this chapter has a smaller size, mainly provides scenes-laying for further in-depth study.Chapter 2, the basic legal issues of cyberspace consists of four sub-parts. First, through the analysis of five network-related cases, the paper demonstrates the legal challenge which brought by cyberspace, pointing out that the changes and impacts of the challenge are comprehensive and profound. Second, the legal property of cyberspace is defined. After reviewing the exiting theory, the paper points out that cyberspace is a new area regulated by law, which is totally different with real society. So the laws should change the current rules and adopt self-restructuring theory to meet self-development.Thirdly, the paper analyses the jural relations in cyberspace, pointing out that its subjects showing the characteristics of diversity and complexity. Virtuality makes the subjects undeterminable. There is a breakthrough in cyber jural relations contrasting with the real society. From material to immaterial, from factual to virtual, the objects of jural relations get expansion and extension of its own in cyberspace. The continuous emerging of new rights and obligations, the imbalances between rights and duties, mark the new features of the content of jural relations. Jural relations in cyberspace have already exceeded the existing ones in the real society. Finally, the paper anlysis the legal responsibility in cyberspace, pointing out that the legal responsibility must change because of development of cyberspace. It is still under restructuring and evolving, laying a theoretical basis for cyberspace as a new area to be regulated by the law.Chapter 3 discusses the legal values in cyberspace. Cyberspace is not subversion of the real society but a new area to be regulated. It not only inherits the basic legal values of the society such as order, equality, freedom, efficiency, and justice but also creates new legal content rooted in its self-characteristics. Open, sharing and democracy are the new spiritual orientations. Under such guidelines, the law of human society gets its quality-enhancement and self-evolution.Chapter 4 presents the rise and formation of cyberjurisprudence. First, the paper analyses and interprets the background of cyberspace. The study of the new social area, cyberspace, which is born and shaped out of IT technology, not only includes economics, sociology, culture etc. but also has been deep into the scope of the law. It is confronted with difficulties due to the weakness of the theory foundation. So the rise of cyberjurisprudence is necessary for the study, as well as the evitable tendency of the refinement of the knowledge. Second, the paper raises the concept of cyberjurisprudence whose object of study is common and general legal issues of the whole cyberspace. It is a branch of jurisprudence. Third, the theoretical source of cyberjurisprudence is discovered and studied. The theory of network survival and the theory of network community provide the philosophical and sociological basis. Finally the paper refers to the content of the study, defines the basic concepts, the rules and values of analysis. The cross-relationship between the cyberjurisprudence and other subjects is also an important component.In epilogue, it shows the hidden route of jurisprudent analysis of cyberspace: society shaped by technology and law changed with society. Technology evolves just as undercurrent, but it can provoke radical reform of the legal system on the level of social rules. The research of the cyberjurisprudence should be fruitful after it adopts systematic theory study of the on-going cyberspace.The paper carries out cyberjurisprudence study from three hierarchies. The meditation from theoretical lever acts as the anatomy of the basic issues of cyberspace. Cyberspace is a new unique space for civil living, which constitutes a multi-dimension society to human beings together with other spaces. The evolution of jural relations in cyberspace is different from the real society. It impacts the existing social legal system, puts the theory of jurisprudence under the condition of self-restructuring and self-improving. The pursuit from spiritual dimensions is the legal values of cyberspace. The existing basic legal values intertwine with new ones, together guiding the evolution of the law related with cyberspace. The rise and formation of cyberjurisprudence comes out from research construction. Although the jurisprudential analysis has its non-ignorable function, but in order to grasp the legal essence, meaning, performance, value-orientation and future-development of cyberspace, there must be a subject, cyberjurisprudence, to carry out systematic and complete research.By classifying and interpreting some cyberspace-related legal theory, the paper will carry out some original study and reach some new conclusions, with focusing on the area which is poor-studied or non-studied at all. Firstly, the paper does a systematic analysis of the jural relations in cyberspace, and summarizes the changes of legal subject, legal object and legal content. It points out that the changes have broken through the traditional theory and the restructuring of the theory is imperative. Secondly, it makes some elucidation on the new connotation of the legal value of the cyberspace. Such values, like open, sharing and democracy, are due to the inner feathers of the cyberspace. Those values are also presenting the inevitable trend for the value of human law to develop. Thirdly, the paper put forward the concept of the cyberjurisprudence. Although the proposal of the concept is in primary stage and the research system is still under construction, but with the increasing growth of the cyber space, definitely it will be an important branch of jurisprudence and play an active role in the cyber legal system.