Chinese Internet Legislation Research

As one of the greatest historic changes in human history,the rise and evolution of internet is one of the most profound revolutions for economic and social development,followed by the agricultural revolution with the symbol of iron and the industrial revolution with the symbol of the steam engine and power.Internet technology(IT)has redefined the ways of human life,relations of production,life style and organizational structure with its inherent characters such like interoperability,open sharing,beyond national borders,authoritative structure,the pursuit of equality.IT has had subversive effect on traditional politics,economy and culture and social development.And it has promoted human society from the agricultural civilization and industrial civilization era stride into the information civilization era.The Legal rules and legal system based on physical space have been affected by the development of network information technology and the innovation of business model.And the soil foundation of the traditional legal system has been changed by the high spatial and temporal compression characteristics of IT.The existing legal norms are not adapted to adjust the public interests.In this paper,the current situation and problems of China's Internet legislation will be examined from the angel of theory and practical level,and China's Internet legislation framework will be reconstructed according to the network information technology architecture and the logic of the internet operation in the age of information.There are four chapters in this thesis.The problem awareness about China's Internet legislation will be discussed firstly.Then the possibility of cyberspace legislation and the necessity of strengthening the research of Internet legislation will be further illustrated.Subsequently,the paper will comprehensively analyze the particularity of Internet development in today's China,the social legal changes triggered by the internet,the present situation and characteristics of Internet legislation in china,the comparison and reference of network legislation experience of other countries,the existing circumstances and outstanding problems of Internet legislation in China,and the framework to optimizing the Internet legislation system of China will be delivered lastly.In Chapter 1,the technical conditions and institutional environment of contemporary China's Internet legislation will be demonstrated from the perspective of the development of network information technology.It is revealed that the development of IT accelerates the development of a virtual network space which is different from the real physical space.And a new public field and network public space of politics,economic,culture,and social development has been shaped through the characteristics of internet,such like beyond national borders,interaction,open sharing,centralization,integration and infiltration.A new form of network society has been created,and the social structure,communication form,values and identity has been changed by the development of IT.Though the empowerment of IT technology,the political ecosystem,such as political power,political process,political system,political relation,has been reconstructed,and the scope and validity of public political participation has been expanded,and the political governance capacity and management level has been promoted.In Chapter 2,theoretical basis of deepening Jurisprudential study on Internet legislation will be provided from the perspective of legal transform in the Internet Era.Complex social and political changes will lead systematic innovation andcomprehensive reconstruction of legal rules,legal system,legal culture,and legal ideas.Variety forms of legal changes such as the multiple presentations of legal relationship subject,the open extension of legal relationship object,the sharp changes of causality,have brought unprecedented impacts and challenges to the establishment of legal rules,the construction of legal system,the operation of the judicial system.The experience in legislative practice and the advanced network legal system in the United States,European Union,Japan,and Korea are compared with each other which are innovated during the development of IT industry,coping with network information technology,and the subversive innovation process of Internet business model.It will provide good reference to further improve China's Internet legislation process.In Chapter 3,the present situation and existing problems of Internet legislation in China will be reviewed.It is the technical structure of the Internet that makes the network legislation must be an organic unity between law and technology.After years of internet legislation and judicial practice,the internet law and regulation system has been developed,which covers the aspect of the laws,regulations,rules,and policies.But many network legislation chaos still exist to be resolved,such as lack of top-level design and operability,blank spaces in key areas,outstanding hysteresis phenomenon,insufficient referencing of international experience,and the weak compensatory function of judicial interpretation.In Chapter 4,started from the idea of strengthening the top-level design of Internet legislation,it puts forward some key points of future network legislation.It is necessary to carefully handle the relations between the continuity of traditional legal norms in Cyberspace and the innovative formulation of specific network legal norms.The basic ideas such as moderate,emphasis,and limitation should be adhere in the legislative procedure.The constitutionality of network legislation should be guaranteed by traditional legal principles.The guide and prompt function of Internet legislation will be realized by the specific legal principles like technical neutrality and security.In order to achieve the goal of maintaining the balance between safeguarding the basic rights of citizens and promoting the healthy development of the Internet industry,three key areas of network legislation should be strengthened like the network intermediary service platform,the information data protection,and the legal error correction mechanism.There are three innovations in this paper.Firstly,as a dividing mode of rights and obligations of social resources in cyberspace,Internet legislation has the tendency towards political policy compromise which reflects the ideology,values and ideas of the Internet Age.Secondly,because of the uncertainty of the development of network information technology and the limitation of human rationality,internet legislation should be adhere to the boundaries of legal regulation,do some things,and leave some things undone.Lastly,as internet technology and business model has been platform based and eco-developed,and the core position of cyberspace has been occupied by data information,intermediary service platform legislation and information data legislation will become an important area in the process of China's Internet legislation.