The Study Of The Network Rules Of Generation And Evolution

The online rule is a significant problem of this new era in the legal theory. This article is about the study of the theory of the network rules generation and evolution. That is, to apply the theoretical framework of new institutionalism to the produce of network written rules and to the various factors of the change, and then come up with regularities in the network rules generated and evolution process.As a complex giant system which is the combination of the reality and virtual, the basis of the existence and development of the network society and its goal of the value is to build a harmonious and orderly state. Social order is a system of rules that is formed by the interaction between different social main bodies. Network order refers to the standardization of network space order, which is the characterization of network space highly standardized. Therefore, the formation of the network order can be regarded as a kind of rules. Unlike social system of rules, the rules in the network society have their own unique form of expression. This study defines the network rules as the organization rules on the Internet. According to the view of new institutionalism theory, the network rules in the society have different performance. The first is a rational form of organization of the network rules, which includes the rules to achieve the common goal, also includes rules to coordinate conflict of interest. The rules of the virtual community, self-discipline rules of Internet business organization are both based on common goal and then become symbolic products of collective organization life. Network is a consultative agreement that is to coordinate the inconsistent interests and to constraint different participants, such as national laws and regulations about the Internet. The second is to see network rules as derivatives of dissecting development. The process of building a network management structure, unifying and institutionalizing the existed network rules and generating new problems could lead to increasing of network rules. The diffusion effect in organization also leads to creation process of network rules. The third is to see network rules as part of a construction of reality. Main environmental factors focus on rules and actions of organizations. Both the Internet industry self-discipline and network legislation drafting and implementation reflect characters of network rules construction. A fourth is to see network rules as accumulating experience and knowledge of history. Network rules should not only come from the forecasting results of the knowledge of the current environment. Rules and environment are evoluting together. Rules are not only influenced by the environment, but also in turn affecting the environment. Rules of the network are able to evolve through a series of experience, through the process of "spontaneous order" endogenous formation or inertia force, learn from their experience and make constant adjustment. This research mainly focuses on the network written rules, which is network rules that using written records, and which is the text of network social standardization. Network written rules is a basic feature of formal organization; With a predictable, openness and clarity; Provides a organizational memory and organizational knowledge warehouse that is ignoring personification; Often as the focal point of the social discourse and debate. How to produce and change network written rules is the focus of this paper. According to the theory of new institutionalism, the evolution of the rules of the network and the implementation process need to placed in the social and historical context. Network rules adapt to the social situation through problem solving, the proliferation of the political process, organization and the way of empirical study. These factors are not mutually exclusive, but interaction. Under pressure to internal and external environment of the network society, network rules are consciously constructed to solve the problem which has been identified. The building contains a variety of conflicts of interest and political strategy; Network rules have diffusion effect in the organization. The spread can be affected and governed by group concentration and its distribution. The rule production and change are associated with specific rules of experience and a group of related rules and to influence and diffusion. The attention of the rules is to mobilize and redistribution. Parts of rules in a specific group caused by the change will cause other parts of the adjustment; Affected by the organizational learning ability factor, the network rules is developing based on the adjusting of experiences and lessons step by step. According to this view, in order to further explore the basic rule of generation and evolution of network written rules, this paper sums up and analyzes the three important factors in the history of written rules of national network.The first is the external and internal factors of network generation and evolution rule. The produce and the change of network rules come from relatively complex between the external environment and internal network society. First of all, real social environment problems and factors led to the creation of the network rules and change. In some circumstances, individual events such as the "9 ? 11" event, the south Korean star’s suicides will directly lead to creation of network rules; Some important events such as "prism gate" incident do not directly cause the network rules, but reflect the continuous exogenous attention from the organization. National network supervision system and external rules have a direct and important influence on the produce of network rules. The significant and complex differences between network space and the external environment is easy to cause the network rules "buffer", which generates network rules of practical effect. Based on China’s regulations on the management of Internet cafes, legal license system of the information network transmission right and the "green dam" software incidence, this article analyzes the effect of our country’s execution of rules of the network. Meanwhile, the country’s legal system and political authority are extremely important in the evolution of the rules for the Internet. The paper describes and analyzes the congress, the federal government and the federal Supreme Court’s influence on the network rules and analyses our country’s Internet censorship. Second, the characteristics of network space on the network rules is also a basic problem that need to clarify. This paper examines the social structure in two dimensions: the complexity and the size of the network society. Popularization and rapid development of network technology bring in the increasing number of network participation and interest differentiation. The network of social relations are "weak connection", together with the composition of the network society itself is highly complex: a symbiotic and human-computer interaction and multi-agent coexist, inevitably gave rise to a series of new problems in the internal network society. Network rules would need to constantly follow up and create. Emerging of new problems in online trading triggers the creation of the international and national e-commerce rules. Harmful attacks in cyberspace also produce all kinds of rules that prevent and destroy cyber attacks. Finally, whether the problem exists is constructed by society. Problem identification consists of two core parts: automatically adjust of organizational focus and the needs of the problem by rule makers. In the different periods of the government, the development of the Internet in the United States and its related problems attention is organized by automatically adjust from political organization. In the era of Web1.0、Web2.0 and "social media", the network management department(rules) confirms special network issues according to the need.The second is the ecological structure of network generation and evolution rules. System theory emphasizes the connectivity between rules and regards the development of rules as common evolution process in a group of related rules. The research of ecological situation on network rules has two aspects: one is about network density of the rules and problem absorbing. Rule density refers to under a certain time, the number of rules in the area given organized regulation. After sum up and analysis of a total of 172 pieces, which includes China’s Internet laws and regulations, judicial interpretations and other normative documents from 1994 to 2012, the generating rate of our country network rules generally presents the negative density dependent features. After the observation and analysis for 167 Internet legislations and acts from the United States congress from 1994 to 2006, the trend of the negative density dependence was found as well. The speed of network rules in the two countries in a certain period of time did not increase along with rule density, and rule number did not show exponential growth. When the number of network rules rises and reaches a certain amount, the growth of the rules will show a slow or a downward trend. This means that as the number of rules of a particular area network rises, new problems may be encountered and solved by a large number of existing rules. The generation of new rules is decreasing. It is the rules that absorb problems. At the same time, the relationship between them will be influenced by relevant factors and become complicated. One factor is rate of the problem return and appealing of problem hunters. In this paper, security rules are divided into two subgroups, which are national security and personal security. The research and analysis found that state security issues in cyberspace constantly recur and presents a new look, which attracts more attention. Relative to the personal security in the network, national or public security issues are absorb more quickly by rules. On the other hand, the rules of protecting national information and network security have a large number and continue to increase. When national security rules area density rises, the supply of problems is decreasing due to the fact that problems are absorbed. As scouts, the attraction of this area is decreased. And the problems will be found or created in the area of the personal safety rules. So it is concluded that: different problems have different recurrence rate; frequent recurrence problems absorbed by rules are more quickly than rare problems; Rules density inconsistence brings in the inconsistence on the organization’s attention. Organizational focus and the problem of supply is the negative function of existing rules on density. Another factor is the distance between the rules and problems. Rules of density of impact may depend on the distance between the rules and problems. To see our country’s network law rule as an ecological community, network law rules should be divided into two categories; unique and common characteristic rules. Through document analysis, I found that far distance between rules and problems causes small density of rules, higher status of rules, low rate of rule production, relatively stable number of rules; and if problems are closer to rules, rules have lower status,the production and change of rules are faster, the number of rules rapidly increases, rules of density is larger. If the two kinds of rules are functionally and programmed depended on each other, mutual influence between of rule density arises. The increasing number of network common rules on internet laws produced previously reduces network specific rules. Another aspect of the ecological situation study is organization attention allocation and problem identification. Attention allocation process includes the spread of the attention and focus of competition. About the attention spread effect in different field diffusion, this article study the case of < action plan for the national information infrastructure> in the United States(NII).The birth of this rule causes and the related rules of the various fields of network economy changes, including electronic communications, taxes, e-commerce, Internet copyright protection and so on. This shows that once the organization attention is activated, attention is not strictly limited to specific rules, problem will confirm from the specific rules to the same period of the adjacent rules, causes regular change in the field of adjacent; the diffusion effect of attention during different periods may be more obvious. The evolution of the U.S. Federal government network security policy embodies the diffusion effect of organization attention in different periods. The second is competition for attention as well as the system has some part of attention(or replaced) other parts of the attention. Under the restrictions of limited attention, China’s legislature decision makers are likely to put in more effort in the Internet security and social management legislation than on the Internet rights legislation. In the United States, personal safety legislation to businesses is given priority in the early days, later to give priority to the country’s social security legislation. Recently, the trend of controlling international legislation has appeared. This means that organizing the same level of attention cannot exist indefinitely. When other problems attract the attention of the organization, and when the focus on a particular rule group of organizations and political rewards declines, energy that used to create the set of rules is reduced. Problem identification within the rules of transmission is not random. The viewpoints about the spread of the problem identification assume an ecological structure defining the distance and borders within the rule. The distance between rules has three dimensions: the function of intimacy, procedural rules of intimacy and timeliness. The spread of the problem identification may be more likely to appear in rule changes of this structure. Functional intimacy refers to the rules are connect with each other by performing an influence from a particular rule on another. The various internal relationships between network public law and private law, and the various internal relationships between network management law, protection law and industry promotion law. Network technical regulation and network legal regulation are functionally dependent. So,creating network rules needs to consider the ecological relevance between the rule functional dependent. The second dimension of rule changing distance is the procedural dependence. Rules of the actors, the problem domain and the surrounding tissue reaction are organized by rule clusters. When the rules are divided into clusters or domain, and each domain is delegated to a specific attention responsible agent, it created a procedural lean on each other. Through the observe and analysis on clusters of network trading rules in China and the United States "cyberspace international strategy" rules of field, I found that organization attention is not a single rule, but the specific rules of that domain. The process of creating or changing some rules will affect the process of creating and changing another related rule. The third dimension of the distance between the rules is timeliness. Through the description and analysis of three stages of the Internet rule in China, as well as the management rules of China’s Internet cafe and the evolution process of the analysis on network privacy protection rules in the USA, it can be concluded that rules are able to relate to each other through time change. Problem confirming in some rule domain over a given period of time will continue to affect the later period. Through this mechanism, we expect that there is a positive correlation between the attention in a specific period and that in the later period.The third is the inside mechanism of network generation and evolution rules. Rules reflect the learning behavior of the organization. The change of learning ability will influence the development of the system of rules.So, the inside mechanism of network generation and evolution rules is the learning ability and process of the organization.There are two types of abilities: growing job skills of existing internal rules and constantly enhanced skills in setting or changing the rules. The first activity ability in network rules includes two processes: one is the process of organizational learning. Secondly is the process of organizational environment learning. The process of organizational learning includes abilities accumulated in organizing rules explained, expanding the use of rules and understanding the rules boundary. Organizational environment learning process has performances of common evolution trends among states network rules, closely connection between international environment and network evolution rules. The second ability of setting and changing network rules also includes two aspects: the ability source of setting rules includes working ability of rule maker, the cognitive ability of rule maker and the ability to organize different parts; Ability to change the rules includes increasing detailed regulations, expanding the scope of the rules. In the history of network rules, the organization’s learning ability is accumulated through many ways. Including the age of institutions setting network rules, the time effectiveness of network rules, plasticity of network rules and density of network rules.According to the sum up and analysis on three important factors, the history of network written rules generation and evolution has regularity. Network written rules are response to internal and external pressure by learning process and problem solving process, at the same time, this process is influenced by ecological situation(the whole history of rules).