Public Law Regulation Of Cyberspace Software Analysis

Internet is often connected with "virtual", however, with the rapid development of network technology and the increasingly growing number of the net user, the dependence of people in reality on cyberspace are deepened day by day and the network has become part of our daily life.Network has changed the mode of our thinking and behaving. To a great extent, it has great influence on the relationship between people and the society. It has provided various kinds of service for people and huge profits for commerce, meanwhile, it brought many new issues and problems to the society. As a new open living area, cyberspace is different from reality and brings the real world great impact and influences in the aspect of anonymity, virtuality, openness, decentralization and globality."Social order" is always the topic of public law research. Internet is not only a technical tool but also a new space based on real life. Especially, with the development of cyberspace, the desire for order is strengthened. But what kind of power there is in cyberspace and where do the order come from? Compared with the regulation of the real world, what is the unique character of cyberspace? Who should bear the responsibility of the construction and regulation of the public order of the cyberspace and in what way should it be regulated?The thesis attempts to discuss the regulation of cyberspace from the perspective of public law, which mainly includes four parts: The first part is the basic analysis of cyberspace and its public order. In the beginning, this part illustrates that the network has expanded the real world and has great impacts on the real space. Then we concludes that no matter where it is, the pursuit of Utopian or pure freedom doesn't exsit. So the freedom of cyberspace should be based on order and the transition from the natural state to the social state is the forming process of the public order in cyberspace. Lastly, we discuss the power of regulation in cyberspace and its unique software regulation.The second part analyses how the software and the code can become a mode of regulation from the perspective of the technology neutrality and discusses the factors and effects of software regulation. Taking Tencent as an example, the thesis clarifies the mode and consequences of the abuse of the power of software regulation.The third part is the analysis of the functions and disadvantages of four kinds of resistant powers in the background of the abuse of software regulation in cyberspace.The fourth part points out the necessity and justification of government regulation, followed by the analysis of the role location and principles of the government regulation and the conclusion that software regulation should be restricted and guaranteed in the legal framework.