| The development of technology causes the reform of society, and the later calls forthe change of law. At the Internet age, people s basic life facts in social, political,economic and so on have changed, which needs the reform of law. The virtual space of theInternet is different from the real world, which makes an impact on the norms oftraditional law. Thought this kind of influence is not radical, still there needs the responseof traditional law. Traditional law can explain most of the legal issues caused by theInternet age through reinterpreting and supplying legislation. However, it is difficult tosolve the new problems triggered by the Internet, which needs the special legislation of theInternet.Our country has made great achievement in the Internet legislation in nearly twentyyears. After a system combing of the current effective special legislation in the Internetfield, the author investigates the Internet legislation taking the legal dogmatics theory as amicroscopic analysis tool, and examines the Internet legislation with legal transitiontheory as the macroscopic analysis tools. After an analysis of the Internet legislationmentioned above, the writer finds that there still are some problems existed, even thoughthere is a great achievement in the Internet legislation. Aiming at these problems, theauthor puts forward three basic concepts of the Internet legislation in macroscopic, namelytaking the way of "field method","rights guarantee", and "moderation" path. Comparingthe characteristics between traditional legislation and the Internet, the author discoversthat there exist four groups of tension, which from another aspect causes a dilemma to ourcountry s Internet legislation. Based on concerning the problems of the Internet legislationand faced with a difficult situation, the paper puts forward the Internet legislation shouldfollow seven basic principles, and strive to make a contribution to perfecting ourlegislation on Internet.It s not a long time of the Internet legislation in the countries all over the world, sothere is not much mature legislative experience. This is a regret in the Internet field, butmore exactly, it is an opportunity of Internet legislation. In the grand background of theInternet age, our country should make the research to perfect the Internet legislation, to let others hear our voice in the formulation of international Internet rules, to protect ournational interests, to take the development opportunities in the Internet field, and to letour country be in a advantage position to compete in the Internet age. |
