| One of the difficulties of modern society administration is the governance in Internet Public Sphere.According to the governance practice of Internet Public Sphere in China,the existence of self-governance rules on the Internet is allowed to implement a certain degree of governance in Internet Public Sphere.But in the meantime,our country also speeds up the formulation of public rule on the Internet,and gradually advances it into the governance practice of Internet Public Sphere,then urges the public rule to become the dominant part in the governance in Internet Public Sphere.Thereupon,the practice forms of multiple governance in Chinese Internet Public Sphere have been formed.From the perspective of country and society,the essence of recent governance vicissitudes in our Internet Public Sphere is a process which involves the continuous restriction to autonomous space of Internet users’,the weakening of legitimacy in self-governance rules and the promotion for public rule in the governance practice of Internet Public Sphere.During the process,the organizational foundation as well as authoritative foundation of self-governance rules have been deconstructed.As a result,in the legalize process of the governance in Internet Public Sphere,some people disrupted the order of Internet Public Sphere in the name of law,then caused the disorder of Internet Public Sphere.This kind of internet governance by law is a distorted one.Therefore,this thesis takes Internet Public Sphere as the body of research,the main objects of research have been for 40 years in Internet Public Sphere,they are the public goods supplying,the Internet rumors,the Internet massive incidents and the strategic Internet public opinions.The thesis takes the vicissitudes of governance rule as the cutting point,aiming to reveal and understand the characteristics of governance transition for cyberspace in contemporary China,then make the pertinent suggestions for optimizing the governance in Internet Public Sphere.This thesis has five parts besides introduction and conclusion.The first chapter organizes the basic category of Internet Public Sphere,then summarizes the development process and governance model which are in the Chinese Internet Public Sphere.In cyberspace,the subjects of communication come into contact with others by the Internet,they reach the consensuses or public opinions,which affects the public policy as well as the political course,in this case,Internet reshaped the traditional public sphere of ourcountry.There are three new features of Internet Public Sphere which are the new retreat,the new form and the growing openness.The benign development of Internet Public Sphere is beneficial to promote the reflection of the whole society,to nurture the fine characters of citizens and to cultivate the genes of democracy,otherwise,there will be ailing for the digital divide,the strategy behavior and the discourse hegemony.The development of Chinese Internet Public Sphere is in harmony with the history of network technology,which have come through three phases: the embryonic stage,the developmental stage and the stage of initially formed.Nowadays,the Internet Public Sphere has been outside the scope of traditional public sphere and become the public space of Internet users’.According to the features in development of Chinese Internet Public Sphere,the development is not mature,there are some outstanding problems have arisen like the anomie of individual behavior,the extremity of herd behaviour and the resolution of publicity.As the lots of problems in Internet Public Sphere,this sphere has became the large arena for the governance of cyberspace.According to the governance practice of Internet Public Sphere in China,it’s uncertain to choose the correct pattern: autonomy or the rule of law.Actually,only one of them can not implement the effective governance in Internet Public Sphere,therefore,it is necessary to construct a system of multiple governance which absorbs two patterns in Internet Public Sphere.The explanation and construction of this system must stick to the state-led model,the social autonomy and the empowerment for citizens.The second chapter explains that “autonomy” is one of the elements of the multiple governance mechanism in Internet Public Sphere from the perspective of self-governance rules.From the history and reality of the governance practice in Internet Public Sphere,this thesis demonstrates the reality and possibility of the existence of spontaneous order in Internet Public Sphere.In this sphere,the role of the “differential pattern” of people in the real space is weakened,forming a “stranger relationship”.This “stranger relationship” makes it necessary for people to interact with each other on the Internet by means of certain rules.First of all,this kind of rule is a self-governance rule formed in the long-term online public sphere based on “tacit knowledge”.The self-governance rules on the Internet has the characteristics of spontaneity,participation,weak compulsion and long-term.At present,in the governance practice of Internet Public Sphere in China,Internet industry association autonomy norms,network platform users’ agreement and network community self-governance rules have been formed.These rules play an important role in regulating the order of Internet Public Sphere,promoting the construction of internet public ethics and saving the cost of the governance in Internet Public Sphere.Of course,no matter what kind of rules can be effectively implemented,it is inseparable from the power organization network and authority.The existence of the self-governance rules in Internet Public Sphere also benefits from its flattening power pattern,decentralized power system and the power relationship in which the real and false are interwoven.Not only that,the weakening of administrative authority and the rise of self-organizing authority,especially platform authority,have highlighted the necessity of the existence of the self-governance rules on the Internet.At the same time,the change of governance discourse in Internet Public Sphere also supports the existence of self-governance rules on the Internet to some extent.Therefore,when the country gradually infiltrates the public rules into the governance in Internet Public Sphere,the two rules will inevitably fall into conflict due to order orientation,rule effectiveness,operation cost and other reasons.Of course,this conflict is not irreconcilable,and the two play complementary roles in the aspects of rule-making,enforcement mechanism and judicial judgment.The third chapter demonstrates the “rule of law” which is one of the elements of the multiple governance mechanism in Internet Public Sphere from the perspective of public rules.As far as governance rules are concerned,the self-governance rules in Internet Public Sphere shape different behavior patterns among Internet users,which means that different behaviors may be taken according to different objects,while law is the behavior rules guaranteed to be implemented by coercive power of country,which is a universal behavior pattern.When countries make more and more laws on the governance in Internet Public Sphere and try to practice in the cyberspace,they are indeed faced with the problem of squeezing the living space of the existing self-governance rules in the cyberspace,which leads to the risk of Internet users’ conflicts on governance concepts in Internet Public Sphere.Since 1994,Chinese laws have been involved in the governance practice of Internet Public Sphere for more than 25 years.In terms of legislation,it has basically formed a legal system of network governance after four stages of initial exploration,rapid development,framework formation and new era of legislation.As far as the current network legal system is concerned,our network legislation is still faced with many difficulties,such as simple application of social laws,low level of legislation,conflict in legislation content,and blank of legislation in key areas.Even so,in order to restore the authority of country in Internet Public Sphere,stabilize the order in Internet Public Sphere,deal with the risks in Internet Public Sphere,and solve theconflicts and disputes in the cyberspace,it is still necessary to promote the law to intervene in the governance practice of Internet Public Sphere.The ways of Chinese law in the governance practice of Internet Public Sphere as a whole can be summarized as unconventional intervention and the routine intervention,among them,the unconventional interventions are often caused by network events,while the routine way to “embedded administration” and“embedded platform”,“legal action” in the sights of Internet users.Thus,the public rule on the Internet are gradually known,borrowed and quoted by Internet users.The way to intervene in the governance of Internet Public Sphere is also gradually changed from the country’s passive sending “into the network” to the Internet users’ active “into the network”.The fourth chapter makes a detailed study of the dilemma faced by the multiple governance in Internet Public Sphere.From the essence of change in the governance mode of Chinese Internet Public Sphere,our governance in Internet Public Sphere is at a critical stage of the transition from “autonomy” to “rule by law”.However,in the process of this transformation,the legal order under the multiple governance is not established,but presents a state of chaotic order.This is caused by the pressure of maintaining stability transmitted in Chinese pressure-type system,the difficulties in forming the resultant force of multiple governance,the extensive governance mode and other institutional reasons.The more important thing is that the development of multiple governance in Chinese Internet Public Sphere is still confronted with the defects of the public rules and the self-governance rules,the lack of effective connection between the two,and the predicament of the rule application.There is an unavoidable problem for the governance of Internet Public Sphere is the risk of social governance brought by network as a technology.Cyberspace and the real world are not only separated from each other,but also connected with each other,and to a certain extent,the cyberspace also dominates and transforms the real society,which leads to the complex situation that the governance of Internet Public Sphere has to face the virtual world and real world at the same time.Moreover,there is a dual logic of decentralization and recentralization in cyberspace,which not only brings the dilemma of government intervention,but also confronts the competition of other “centers” even after the state intervention.Furthermore,the differentiation and reshaping of traditional social strata in cyberspace further aggravates the difficulty of governance.The change of governance object which by the network technique further aggravates the dilemma of governance in Internet Public Sphere.The fifth chapter is mainly aimed at the major problems of the multiple governance in current Internet Public Sphere,to optimize its governance mechanism.From the perspective of the huge challenge brought by the Internet Public Sphere to the modern national governance,the multiple governance in Internet Public Sphere is not only a model problem of the transformation about the governance in the national Internet Public Sphere,but has been related to the system of justice in the governance paradigm innovation of entire national Internet Public Sphere,it inevitably involves the shaping of governance philosophy,the establishment for the system of rules,the coordination of the governance subject and other core propositions of the rule of law in cyberspace.Therefore,to promote the multiple governance optimization in the Internet Public Sphere,we should change the governance concept,attach importance to the construction of the network system regulations,shape the public rule on the Internet with legal rules,guide and absorb self-governance rules on the Internet and actively promote the rule construction of Cyberspace Community with a Shared Future.On this basis,the governance structure of Internet Public Sphere is updated with the return of national sovereignty as the center,so as to cultivate the ability of social self-governance and foster the rationality of Internet users.According to the history of governance practice in Internet Public Sphere,it’s difficult for the governance mode based on a single subject to deal with the complex alienation phenomenon in Internet Public Sphere,whether in the interpretation or as a way of governance in Internet Public Sphere.With the development of Internet Public Sphere,any single governance mechanism cannot cope with the risks in the era of globalization,so the governance in Internet Public Sphere also needs to establish a new governance mechanism,which has become a basis of multiple governance.The multiple governance is not only a summary of the current governance practice of Chinese Internet Public Sphere,but also an expectation for the future transformation of the governance in our Internet Public Sphere.The multiple governance model of “state-led and social autonomy” reflects the governance pattern of “strong state-strong society-strong citizens” in Internet Public Sphere,and it’s also the only way to manifest the legitimacy of the governance in Internet Public Sphere.State dominance refers to the return of state authority in the governance of Internet Public Sphere.Social autonomy basically means that the society has the right to make its own decision on social affairs in its own field.In particular,it should recognize the role of self-organization of network in the generation and expansion of spontaneous order in Internet Public Sphere.Theempowerment for citizens refers to the acquisition and confirmation of citizens’ rights as Internet users,and also refers to the enhancement and consolidation of Internet users’ power in Internet Public Sphere.The function of country and society is deviated and dependent on each other,and the boundary between them is clear and stable.The multiple governance model for state-led and socially autonomous should be a path for the choice of governance innovation in Chinese Internet Public Sphere. |
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