The Dilemma Of The Rule Of Law And Its Measures In China’s Cyberspace Governance

Through virtual technology,the Internet enables people to realize a unique basic pattern of online survival,and opens up the "V activity space" outside the human land,sea,sky and outer space.At present,China’s cyberspace social governance follows the "sub-social" governance logic,absolute sovereign logic,vertical control logic to the legalization of cyberspace social governance to bring a series of problems,mainly reflected in the legislative concept of loss,lack of system,law enforcement on the lack of clarity,poor implementation,judicial level of disputes to escalate,resolve the subject,law-abiding level,Self-empowerment Behavior,network rights protection behavior and hegemonic behavior in cyberspace all increase the difficulty of network social governance.After the birth of the internet and a long time after that,the cyberspace society takes the technical code and the autonomy rule as the main governance way.However,the Internet is by no means an "extrajudicial land",it is necessary to speak of the rule of law and safeguard national sovereignty,security and development interests.Therefore,the governance of the cyberspace must adhere to the technical governance and legal governance.On the one hand,the means of technology governance and legal governance are two different means of governance,which is mainly embodied in the means of technical governance as self-discipline governance,decentralized governance and self-empowerment governance,while the means of legal governance are the governance of other laws,centralized governance and the embodiment of consensus.On the other hand,to promote the network social governance system and capacity modernization and legalization should not only optimize the means of technical governance,but also make good use of the means of legal governance,adhere to the unity of the two: The law provides value guidance and evaluation for technical governance,and technology increases the way of legal governance and optimizes the structure of legal governance.Therefore,the governance of the Network society should adhere to the dialectical unity of technical governance means and legal governance means in order to achieve the equilibrium state of network freedom and social order.Its fundamental guarantee lies in promoting the legalization of cyberspace in an all-round way,which should be promoted both comprehensively and emphatically.Secondly,the government governance network should adhere to the basic principles of administration and reasonable administration according to law.Finally,we should construct the network social governance mechanism of equal interaction and open participation between citizens and the government.