Font Size: a A A

The Legal Proof And The Realization Of The Internet Platform Participates In The Network Co-governance

Posted on:2020-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:L YaoFull Text:PDF
GTID:2416330572494384Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The emergence of the Internet as an emerging technology,providing the convenient conditions for global information real-time sharing and interaction,promoting the development of social progress,and at the same time it also brought some negative influence that cannot be ignored,to put forward the new challenge for the new era government's governance capability,how to realize the network work also is the common governance of multi-agent in recent years under the network era continuously attracts the attention of the governments around the world and academic circles.With its resource aggregation and technological advantages,the Internet platform will grow into an emerging entity under the government's innovative governance mode to replace the direct management of the government,and play a significant role in the field of dispute resolution and social governance.At this point,as a platform to rule under the multiple subject of major emerging subject,the Internet platform of private subject attribute aggregation and public management function,its subject status and function of under the background of network should be implemented in urgent need of policy support and legal authority,by means of administrative management,supported by legal support,to achieve work sharing Internet governance together.The author has studied Internet co-governance for nearly two years,starting from the initial illegal behaviors on the Internet,to the research on the administrative discretion benchmark of Internet content,and finally to the research on the emerging subjects of Internet co-governance.During the writing period,the spirit of general secretary xi jinping's speech on network construction,the introduction of network security law and other relevant laws and regulations,and the outbreak of hot Internet events have all enriched the article in constant revision and exploration.The title of this paper is "the legal proof and the realization of the Internet platform participates in the network co-governance".In addition to the introduction and conclusion,this paper is composed of the following five parts:The first part is the research background and basic theory.At the beginning,to research status of Internet governance at home and abroad is summarized,and on this basis,to analyze the significance of foreign Internet governance for China in this field.And then to put forward the model of traditional Internet governance problems found,to point out that the rapid development of Internet from the administration idea,operation mode of administration,public opinion and social integration ability three aspects challenges the traditional government management mode,generalizing the typical problems of the traditional Internet governance model,and at the end of this paper to do a brief interpretation of the basic concept for laying the foundation of this paper's research.The second part is the legal basis and realistic demand of platform co-governance.It points out that the Internet platform has both natural and legal attributes,and the two attributes are interwoven to make a legitimate response to the co-governance of the platform.Based on the legitimacy of platform co-governance,oligopoly accelerates the identity transformation of Internet platform.Then,it elaborates on the source of rights and dynamic factors of platform co-governance.Finally,it takes the governance of irrational speech as an example to explain that the Internet platform's participation in network co-governance effectively makes up for the absence and dislocation of administrative management and has irreplaceability.This paper comprehensively discusses the legitimacy and necessity of platform co-governance from both theoretical and practical aspects.The third part of the article is to guarantee the system supply of the realization of the platform co-governance function.From the Internet platform under the main structure of Internet governance and the Internet platform under the perspective of functionalism,this paper discusses the Internet platform as the emerging subject status in the genealogy of legal relations.After that,it analyzes the externalized form,power essence,self-construction and policy and legal protection of Internet platform governance power.The fourth part is the dominant position of platform co-governance and facing the problem.From the overlapping problem of unity and power of the Internet platform and the user rights,the Internet platform "," private right " going public " and " balance of privatization of public rights ",the Internet platform disputes behavioral differences caused by different legal basis,the power of the Internet platform and user obligations conversion problem four aspects this paper expounds the platform problem urgently to be solved in the process of work.The fifth part is the path selection of platform co-governance.Based on the theoretical support of the first four parts,this part is divided into four parts,namely the subject and object of governance,the governance mode,the different governance needs and the governance procedures.It constructs a shallow path for the realization of the emerging subject Internet platform's participation in the network co-governance,and strives to produce certain reference significance for practice.In the current era of administrative law reform,the Internet platform can be regarded as one of the projection points of reform to some extent,bearing many problems,such as the balance between government simplification and decentralization and market innovation,the collision between the exercise of public power and the protection of civil rights,and the grafting and integration of management and law.In this paper,adhere to the problem oriented,pay attention to the balance brought to power management and platform management research,for the network safety "build new governance body,behavior path,the responsibility and the legal status of public rights governance provides the theoretical discuss the pros and cons of complementary,and seek to work for the Internet platform to participate in network is of reference value for theoretical mechanism is put forward.In practice,the status and role of Internet platforms driven by resource aggregation and technological advantages are increasingly prominent in the market.However,as private subjects,what are the legal attributes of Internet platforms? What is the source of its power to assume governance responsibilities? What is the way and path of the government and Internet platform co-governance? These problems are not only the source of the problems in this paper and the research foundation of Internet governance,but also one of the driving forces to realize the pattern of co-construction,co-governance and Shared social governance.Many scholars have started to study the Internet platform,but no matter from the research direction or from the government feedback,the dominant position of the Internet platform is still mostly placed on the other end of the Internet governance,that is,as the object of governance,it is subject to more and more obligations and responsibilities.On the whole,the practice circle and the theoretical circle of the Internet platform attention is not enough,lack of confidence,function mining is still shallow.This paper believes that the Internet platform research still has a certain prospective,discussion value and research significance.As an emerging subject,Internet platform has low cost and excellent effect in network governance,which should be paid more attention and supported by law.
Keywords/Search Tags:Internet Platform, Network Co-governance, Emerging Subjects, Collaborative Governance
PDF Full Text Request
Related items