The Transformation Of Rule-of-law Of Internet Governing Movements

The rapid development of Internet technology has greatly promoted economic and social development,but its negative problems are also increasingly apparent.Therefore,the topic of Internet governance has been concerned,and the Internet regulatory authorities have been continuously exploring effective governing methods.Among many ways of Internet governance,non-routine large-scale Internet governing movements have become an important governing choice for relevant management departments by virtue of its fast and effective governance.At the same time,it has also attracted attention of researchers.This paper combs the main cases of Internet governing movements in different periods,and outlines the external evolution of Internet governing movements vertically,and gives the definition of non-routine large-scale Internet governing movements.This paper also makes a thorough study on the relevant theoretical issues,such as,the system of Internet governing movements,the constitution of governing subjects,the classification of governing objects,the administrative process of governance.This paper also summarizes the transitional quality of Internet governing movements,and its inevitability.The evaluation of the governing results and the evaluation of governing value are also analyzed in detail.Specifically speaking,the transitionqual quality of Internet governing movements is reflected in the coexistence of the consistency and contradiction between administrative practice and the relevant governing law,the overlapping of administrative cooperation mechanism,and the conflict between governing movements and governing routine.As far as the evaluation of governing results is concerned,the early Internet governing movements show the advantages of fast governing speed and good governing effect.However,with the development of Internettechnology and the increase of Internet problems,the disadvantages of Internet governing movements,such as high cost,low efficiency,abundant violations and involution of governance,are becoming more and more prominent.Therefore,the evaluation of Internet governing movements has shifted from affirming its governing effectiveness to criticizing its abuses.In view of the underlying logic and specificity of the Internet governing movements,this paper argues that it should be objectively re-evaluated: we should see that the system generated by the Internet governing movements is constantly correcting its governing behavior deviation;we should see that the system conveyed in its governing actions maintains the order of the Internet;and we should see the legitimacy of its transformation of the rule of law on the Internet governing behavior;we should see the pursuit of rule of law and the transformation of governing concepts behind its institutional supply;we should also see the objective results of safeguarding the relevant rights of the governing objects in Internet governing movements.To re-recognize and re-study the value evaluation about Internet governing movements is not to ignore its drawbacks and adhere to stereotypes,but to face up to its current plight of transformation of rule-of-law.As far as the legal system dilemma is concerned,the governing party often fails to coordinate the balance of many legal values,such as order,security,efficiency,fairness,freedom and justice,which leads to the imbalance and dislocation of various legal values in the Internet governing movements.In addition,the lack and fuzziness of the legal texts on which the governing movements are based lead to many difficulties in the legal regulation.As far as the predicaments faced by the governors are concerned,the predicament of the homogenization of the governors,the complex predicament between the governor's compound nature and its authority need to be alleviated urgently.As far as the predicaments faced by the governed are concerned,the development ofthe governed is greatly limited within the regulatory framework of Internet governing movements by the administrative,legal and technological means adopted by the governors,which greatly limits the exertion of the advantages of the Internet,the trend of Internet integration and the coordinated development of governance subjects and objects.The various dilemmas faced by the above-mentioned Internet governing movements make its rational transformation very urgent.In terms of the transforming direction of Internet governing movements,the background and factors such as the construction of rule of law in China,the construction of rule of law in cyberspace and the introduction of public governing concept all point to the transformation of rule of law of Internet governing movements as a solution.More concretely,We need to change the legal concept of Internet governing movements,get out of the dilemma faced by the governing subjects and governing objects,give full play to the legal delivery mechanism in its governance,including the provision delivery mechanism and system delivery mechanism of Internet governing movements,promoting the perfection,institutionalization,systematization and balanced development of Internet law,as well as the good implementation of Internet law.In addition,we should give full play to the governance learning mechanism and technology reshaping mechanism to jointly promote the rule of law transformation of Internet governing movements.