The Legal Regulating Of The Theory Of The Network Society

Cyber Social Organization is the recent advance of Social Organization. Theyhave different forms but the same essence. On account of their different forms, thelaws to regulate the traditional Social Organizations are not applied to Cyber SocialOrganizations totally and should be reinspected. On account of the same essence, thelaws to regulate Cyber Social Organizations could be able to refer to the writings, thelaws and the cases in being. In this process, we must answer the three questions. Theyare What is Cyber Social Organization? Is It Just to Regulate Cyber SocialOrganizations? How to Regulate Cyber Social Organizations? The answer to the firstquestion could be found from the concepts of Social Organization, the similarities ofthe examples of Cyber Social Organizations and the differences from the closeconcepts. That is Cyber Social Organization is a non-profitable and non-governmentalorganization, which has an aspiration, is established voluntarily, works independently,and expresses their views online. So there are seven characters (6+1) as the criterionof Cyber Social Organization, which are organization, non-government, non-profit,independence, voluntariness, aspiration, and expression online. The answer to thesecond question has two sides: One is the significance of the right of cyber associationto the society, and the other is the abuse of the right. So we should regulate CyberSocial Organizations by the reasons of protecting the present and important publicinterests and the fundamental rights of citizen, by the reasons of preventing thearbitrary acts from Cyber Social Organizations and the dangers to themselves. Theanswer to the third question is the major part of the paper. We could find it from ideasto laws: by the principles of regulating, the accounts of regulating, the objects ofregulating, and the scales of regulating, we could draw the boundary of regulating.Particularly, the principles are protecting the freedom, justice, and the balance ofrights and interests. The accounts are protecting the present and important publicinterests and protecting the fundamental rights of citizen. The major object isexpressive acts. The scales are the criterion of present and important things and thecriterion of fundamental things. Basing on the boundary of regulating, we shouldreinspect our laws in being and make some changes to construct the laws to regulateCyber Social Organizations, such as revoking the laws of permission, making the lawsof registration by criterions, amending the laws of recording the websites, making thelaws of recording the Cyber Social Organizations which have deep impacts, centralizing the power of regulating, amending territorial jurisdiction, strengtheninginternational cooperation, making special measures, sticking to the principle ofbalance in the specific case, the principle of minimum damage, and the idea ofprocedural justice, strengthening applicability of the measures, revoking theadministrative reconsideration by the same administrative subject, and expandingscope of accepting cases in administrative procedure.