Research On The Rule Of Law In China’s Internet Public Sphere

Hannah Arendt,an American philosopher,takes the ancient Greek Civil Congress as the prototype and elaborates on the public sphere in her behavioral theory system.Arendt holds that the public sphere is a space for people’s practice,which shows their personality and conduct.German sociologist Eugene Habermas systematically constructed the public sphere on the basis of Arendt’s theory,expressing it as existing between the state and civil society,rational public discussion on public issues,and then forming the space of public opinion.The theory of Internet public sphere is based on Habermas theory of public sphere.Internet public sphere is the construction of public sphere in cyberspace.With the development of society,our country has gradually acquired the social environment to produce the network public sphere.At the same time,relying on the equality,interaction and diversity of the network,the network provides strong technical support for the construction of the public sphere,which makes the public sphere have the necessary elements for the construction of the network space.It can be said that the network public sphere has been preliminarily constructed in China.The construction and operation of the network public sphere has effectively promoted the construction of the rule of law in China.In the new era,the rule of law society has become an important goal of the construction of the rule of law,and the network public sphere,with its goal orientation of safeguarding civil rights,supervising public rights and guaranteeing the value orientation of substantive justice,has become an important driving force to promote the development of the rule of law society,thus contributing to the cause of the rule of law in China.The public sphere is the space for deliberative democracy to operate.The network public sphere inherits the deliberative democracy attribute of the public sphere,taking into account republicanism and liberalism’s yearning for democracy in the way of expanding political participation and guaranteeing freedom of speech.Deliberative democracy is the core driving force for the stable and sustainable development of the rule of law.The development of the rule of law is indirectly promoted by promoting the development of deliberative democracy in the network public sphere.However,there are many difficulties in the process of practicing the rule of law and promoting deliberative democracy in the network public sphere.In order to ensure the normal play of the effectiveness of the rule of law in the network public sphere,according to the confirmation of the rule of law to the power of communication and the normative role of the rule of law to the deliberative democracy,the rule of law is chosen to govern the network public sphere.In the macro direction of the rule of law,the governance methods of soft law and hard law are specifically selected.This is because the soft law has the characteristics of simplicity of formulation and flexibility of procedure,which can effectively deal with the advance and variability of the network.The hard law has the characteristics of authority and stability,which can effectively regulate the anomie of speech.At the same time,soft and hard methods can cooperate with each other to make up for each others shortcomings.The synergistic effect of hard law and soft law makes all parties interact jointly and exert good governance effect under the coordination and adjustment of hard control and flexible regulation.