Research On The Function Of Network Community In The Construction Of A Society Ruled By Law

Taking the eighteenth National Congress of the Communist Party of China as an opportunity,the Party and the state clearly put forward the epochal proposition of "building a country under the rule of law,a government under the rule of law and a society under the rule of law ",and absorbed the construction of a society under the rule of law as an important part of the construction of the rule of law.The construction of a society under the rule of law is the deep foundation of the construction of the rule of law in our country.It plays an important role in building the conceptual basis of the construction of the rule of law,resolving social contradictions and disputes,cultivating and strengthening social forces,and enhancing the legitimacy and identity of the construction of the rule of law.The construction of a society under the rule of law can not be simply understood as a society governed by law,but should be interpreted from the four dimensions of value,order,system and concept.The dimension of value means that the society under the rule of law is a society based on the ideals of freedom,equality,justice and democracy.It recognizes and pursues the common opinions of members of society about a happy life.The dimension of order embodies the orderly operation of the society,which emphasizes the self-ordering ability of the society itself.The dimension of system reflects that a society ruled by law has accommodated a variety of norms of conduct,such as national legislation,customs,association charters,ownship rules and conventions,which makes the national legal system a necessary and effective supplement.The concept dimension shows that the members of the society under the rule of law generally have a high awareness of the rule of law.The rich culture of the rule of law provides the necessary conceptual field between the social behavior and the legal system.The four-dimensional constitutes the normative attributes and basic characteristics of the category of a society under the rule of law.The concern for social forces determines that the theoretical research and practical exploration of the society under the rule of law cannot be separated from the investigation of society.In the modern era,the deep development of Internet information technology has profoundly changed people's social lifestyles.The virtual space of the Internet is becoming,or has become,the main place of social relations.This reality determines that social life based on the Internet is bound to be closely concerned by the construction of a society under the rule of law.In the era of web2.0,the network community constitutes the main structure of the network society,which largely satisfies people's social dependence and constitutes a new condition for the construction of a society under the rule of law.We can not simply apply the field category in Bourdieu's theory of Practical Sociology to refer to,describe and analyze the network community.There are also theoretical limitations in defining the network community as a social organization in the network society.Network community is essentially a group composed of private individuals.Thanks to the convenient communication media within the community,members of the network community can communicate freely and equally on issues of common concern and form network public opinion,which is quite consistent with the concept of public sphere in Habermas' theory.Therefore,it is more appropriate to understand the network community as the public sphere of the Internet era.Only in the sense of the public sphere can we correctly understand the close relationship between the network community and the society under the rule of law,and then analyze the positive contribution and negative impact of the network community.Cultivating the civic awareness of the public is an important task of the society under the rule of law.This is because whether the citizens can clearly understand their social role as “citizens” and whether they have the positive will to participate in the construction of the rule of law directly affects the breadth and depth of the citizen participation.Modern citizenship consciousness is a multi-level,multi-dimensional and multi-faceted structure.It includes citizens' subjective consciousness,rights consciousness,responsibility consciousness,participation consciousness and rule consciousness.The formation of civic awareness is inseparable from the guidance and education of the government,but equally important is the nourishment of civic awareness in social public life.As a social living space with social capital and organizational life as the basic elements,the network community provides people with a real experience of public life and creates a citizen's character in the network public space.In the network community,citizens' concept of equality has been strengthened,citizens' sense of tolerance and cooperation has been enhanced,and citizens' sense of responsibility has been constantly shaped.Another core element of the society under the rule of law is to shift the power of the rule of law from the state to the society and give full play to the autonomy of the society itself.At present,China's governance of the network society is mainly based on the control of national public power.Its specific contents include top-down management agencies,Internet legislation,the real-name system of the network,technology control,and the specialized governance actions of the regulatory agencies.Of course,the regulation and control of the network society by national public power is the necessary means,even the main means,but at the same time,there are also limitations of legislative products,lagging adjustment mechanism and structural characteristics that do not adapt to the network society.The network community has bred the autonomous ability of the network society,which has become an important supplement to the national management mode because of its unique functional advantages.The self-ordering of the network society is not only a theoretical deduction,but has been proved by practice,forming a large-scale and pluralistic network autonomy rules.The transformation of network information technology to human social life is diverse.One of the noticeable phenomena is that more and more citizens use the Internet to express their individual rights,and the network community is closely related to the individual rights of citizens and the public interests of society.The network community's contribution to the realization of rights is progressive: the network community is a new expression space and discourse square,providing citizens with a channel to express legitimate interests;the social solidarity and public discussion carried by the network community is an informal democratic procedure that promotes the legitimate interests of citizens into the national legal system and becomes the right protected by the rule of law;the network community can reduce the cost of realizing rights,prevent the infringement of external forces,and promote the transformation of citizens' legal rights into real rights in social life.While helping the individual rights of citizens,the network community also contributes to the realization of social public interests: on the one hand,network communities have the function of confirming social public interests,which can help us confirm which social affairs belong to social public welfare and to what extent;on the other hand,whether it is a mutual benefit network community or a public welfare network community,they also have considerable benefits for the realization of social welfare.The emphasis on social autonomy and citizen participation leads to the proposition of restricting public power.There are limitations in the traditional mode of "restricting power by power" and "restricting power by right",which can be understood from the limitations of rational design,the asymmetric power between individual and government,the continuous expansion of administrative power,and the absence of legislative supervision.With the help of social forces,"restricting state power by social power" is a supplement and improvement to the traditional mode of power supervision.Social power comes from the interaction activities of social members,and mainly supervises state power in the form of public opinion.The "de-centralized" structure within the network community provides the social solidarity based on equality for the individual.In this social solidarity program,netizens have formed the social power through mutual dialogue,interest aggregation and external opinion transmission,and have become an important force that restricts the public power.The important role of network community in cultivating citizen consciousness,expanding social autonomy,enhancing political participation and supervising public power is the basis of the theory of "the legal function of the network community".However,it can not be concluded that the function of network community is positive only based on the positive contribution of network community.There are irrational phenomena such as "group polarization","group unconsciousness" and moralization of network public opinion in the network community.In addition,the existence of the "digital divide" and the alienation of the social power in the network society reminds us that we must be aware of the negative effects of the online community.The unique social structure of the Internet is not the reason for anti-rule of law.On the contrary,the healthy development of the network community can not be separated from the institutional guarantee provided by the national rule of law.To govern and guide the network community,we should follow the way of "coconstruction,co-governance and sharing".While adhering to the leadership and core position of the Party Committee and the government,we should give full play to the important role of Internet service providers,Internet industry organizations,network community managers and netizens in the development of the network community.