A Study On The Rule Of Law Of International Network Order And The Position Of China

The necessity and possibility of legalization of international network order.The necessity of rule of law in international network order is mainly manifested in three levels: network development level,national sovereignty level,network hegemony level.The network development level refers to the international network order rule of law is the objective needs of the globalization of network development;national sovereignty level refers to the international network order rule of law is an important condition to safeguard the national network sovereignty;network hegemony level refers to the international network order rule is crack An important way of network hegemony.The possibility of legalization of international network order is manifested in three trends in the development of international network order:international network order from legalization to rule of law;international network order from fragmentation to convergence;international network order from the camp to the community.The connotation of the international network order is manifested in three aspects: the subject,the place and the content: the rule of law in the international network order is the rule of law in the relationship between the sovereign states;the rule of law of the national network order is the rule of law of the cyberspace order;Is the sovereign state of the network rights and obligations of the rule of law.Criteria for judging the rule of law in international network order:international good law + global good governance.The international network order of the rule of law of the order of view to the network space autonomy,said cyberspace freedom,said the global public domain,said cyberspace sovereignty.Cyberspace autonomy does not solve the problem of cybercrime,cyber attacks,cyber terrorism and so on.The essence of cyberspace freedom is the main position of the United States to implement cyber hegemonism,to sell its western mainstream values such as liberal democracy,and to be the main obstacle to the rule of law in international network order.Global public domain that one-sided emphasis on cyberspace in human rights,the right to force,its essence is to maintain the existing "American standards",the interests of the United States.However,the first three theories havetheir own problems and can not become the theoretical structure of the rule of law in the international network order.Cyberspace sovereignty emphasizes the state's exclusive rights to exercise sovereignty over its own network of information.The elements of network sovereignty include network jurisdiction,network space independence,network resource equal sharing right,and network self-defense right.Constructing the framework of legalization of international network order in theory should adhere to cyberspace sovereignty,insist on the rule of law in international network legislation,the rule of law in international network law enforcement,and the rule of law of international network judicial order.Rule of law in international network order should adhere to China 's position.Adherence to China's position is conducive to China's network development strategy to occupy the commanding heights,is conducive to master the international network order in the network discourse,is conducive to establish a responsible image of the network power.The international network order of the rule of law should adhere to the Chinese position of the value orientation is based on national interests,to protect the country's network security,and thus protect our government,enterprises,citizens of the network rights are inviolable.Order of the international network order to adhere to the Chinese position of the Chinese expression: respect for network sovereignty,safeguard peace and security,promote open cooperation,build a good order.