Research On Soft Law Governance Of Network Public Space In China

The Fifth Plenary Session of the 19 th Central Committee of the Communist Party of China adopted the Proposal of the Central Committee of the Communist Party of China on Formulating the 14 th Five-Year Plan for National Economic and Social Development and the Long-term Goals Through the Year 2035,which regards the new improvement of national governance efficiency as the main goal in the next five-year plan,and the plenary session also made important arrangements for advancing the modernization of the national governance system and governance capabilities during the 14 th Five-Year Plan.Based on the theory of public governance and soft law,this paper analyzed the hard law governance model of network public space via the comprehensive analysis,value analysis and comparative analysis,which aims to promote the further improvement of the governance efficiency of network public space.First,this paper clarified the connotation of network public space and governance,and found that there is a coupling phenomenon between the two after analyzing the characteristics of network public space and the endogenous conditions of soft law.In addition,this paper proposed that the ultimate goal of network public space governance is to achieve a balance between civil rights and legal regulations,so that governance efficiency is newly improved.Second,based on the problem orientation,this paper analyzed the internal reasons for the hard law dilemma of China’s network public space governance,and the conclusion is that hard law governance under China’s state control model has a triple dilemma of institution,system and mechanism.As a result,three external manifestations of the hard law dilemma of Network public space governance were triggered,that is,the inability to adapt to the existing structure,development changes and basic demands of the network public space.Third,based on the value orientation,this paper analyzed the advantages and limitations of the soft law governance of China’s network public space.Through research,for the soft law governance model,there are advantages such as regulation,adjustment,awareness,integration and supplementation;at the same time,there are also limitations such as weak binding force,excessive regulation and lack of liability systems.Finally,based on the purpose-oriented and centered on the further improvement of the governance efficiency of China’s network public space,it is necessary to build a foundation of legitimacy,advocate equal governance behavior,and establish a structured regulatory mechanism to improve soft law governance capabilities.By realizing the cooperative governance of the country and society,and the constructing of a mixed-law governance model and conflict resolution mechanism with the district,the co-governance of network public space governance is realized.The co-governance of soft and hard law in the governance of network public space can not only ensure the normal order of network public space,but also promote its healthy development.