Research On Legal Issues Of Network Information Governance

Under the interactive influence of network technology and Internet users’ scale effect,the network information generated based on the needs of speech expression and emotional exchange is huge and diverse,and the production and dissemination of network information has spillover effect on the construction of legal order.How to deal with the chaos of network information dissemination is an important issue in the practice of rule of law in countries around the world.With the advancement of the modernization of governance and the deepening of the interaction between governance theory and public law,the trend of governance constitutes a new feature of the transformation of network information regulation mode,triggering a series of legal reforms.This paper takes the network information governance activities as the research object,and tries to sort out and discuss the legal problems and countermeasures in the network information governance activities from both theoretical and practical perspectives.When analyzing from the legal perspective,network information can be regarded as the product of people’s opinions expressed through cyberspace.The new features of governance make the legal relationship in network information governance activities more complex.However,the concept of governance itself does not contain value bias,and it is unnecessary to guide network information governance activities to good law and good governance.Network information governance may still face certain legal problems that need to be solved.From its view of legitimacy,the expression attribute of network information production and dissemination and the relative jurisprudence of freedom of expression have laid a legitimate foundation for governing relevant network information,and the provisions of the corresponding provisions of China’s Constitution on safeguarding human rights and their rights and rights,rights and obligations provide a constitutional normative basis for network information governance,For the need of maintain national security,public order and good customs,and balance the relationship between freedom of expression and other rights also constitute specific reasons for restricting freedom of expression.As far as the cause of the problem is concerned,the cause of legal problems in network information governance activities is not the governance model itself,but the insufficient response of the existing law.Based on this,this paper establishes an analytical framework consisting of "subject object behavior" under the framework of the rule of law to discuss the legal issues in the network information governance activities.In the subject dimension,network information governance faces the problem of positioning and realization of different subjects.Network information governance includes government,market and social subjects,among which government,network platform,network industry association and users are typical.The current law basically determines the legal role of the corresponding subject in the network information governance in terms of its content,that is,the government is the regulator and meta governor,the network platform is the self regulator and responsibility bearer,and the social subject is the self-discipline and supervisor.However,different subjects of network information governance still face various legal dilemmas due to the limitations of power and responsibility setting,which leads to the failure to fully realize the role of corresponding subjects in the implementation of the law.Therefore,it is necessary to correct the role of the network platform while repositioning the government’s power and responsibility,and promote the participation of social subjects,so as to optimize the legal role of different subjects in network information governance activities.In the object dimension,network information governance faces the legal limitation of the scope involved.Network information governance mainly focuses on illegal network information and bad network information.For the specific types and scope of these network information,all countries in the world have stipulated in their legislation,and different restrictive positions have been formed due to differences in national conditions and legislative models.When we reflect on the domestic legal norms,we can still find that there are some deficiencies in the legislative value,legal system,legal scope and identification standards of the provisions of the relevant laws on the scope of network information governance.In the face of this problem,we need to follow legal principles such as legality to promote the balance of legislative value,and on the basis of improving the legal system,define the scope and identification standards of illegal and bad network information,so as to realize the legalization of the scope of network information governance.In the behavioral dimension,network information governance faces the problem of legal control of behavior implementation.Network information governance has abandoned the prejudice that the government is the only regulatory subject in the past,enabling private subjects such as network platforms to rely on technological advantages to govern according to law,thus forming two major types of behavior in network information governance: government governance and network autonomy.No matter what kind of network information governance behavior is,due to the constraints of law,freedom,order,fairness and efficiency are its value demands.However,the lack of control of the current law also makes it face the difficulties of improper administration,out of control autonomy and right relief,which may also lead to legal risks.In this context,it is necessary to return to the context of the rule of law,deal with the problem of insufficient control of the current law on network information governance behavior through the reform of the legal system,and finally promote the legal domestication of network information governance behavior.