The Function And Realization Of Soft Law In The Internet Governance

Hard law governance adheres to the top-down,single and closed management mode,which is integrated.This kind of government-led system construction and the rule of law in the Internet era face with great challenges:Lack of management ability and poor management effect.Soft law emphasizes diversity ? equality and open governance,which carries out pluralistic participation,democratic consultation,and can make up for the lack of hard-law governance function.This paper takes the Internet age as the background,reveals the limitations of hard law,discusses the function of soft law,and advocates the joint construction and sharing of Internet governance towards the unitary and diversified hybrid law.The first chapter reveals the weakness of hard law from three aspects: national,social and Internet industry.The concept of hard law has obvious national standard tendency.The function of civil governance cannot get very good play in Internet governance,lacking of communication with the society and the failure of policy making result in the increase of social governance costs.Social self-discipline participation is limited,which mainly because the hard law governance is based on the top-down management concept rather than the multi-subject common participation of the network governance concept.The Internet industry has inadequate self-management,self-discipline and self-protection,and the social public is not very participatory.The second chapter discusses the important functions of soft law from three aspects: the power structure differentiation in the Internet era,the innovation of Internet governance mode and the generation of Internet governance order.First of all,the Internet era is full of multiple interest demands,and the traditional government's power pattern of public power and public authority is broken.Second,soft law bears the innovative Internet governance model innovation important mission,advocating pluralistic main body participation,seeking solutions,Internet technology itself has realized from empirical to the innovative development.Finally,soft law provides a standard for the generation of the Internet self-discipline order,and effectively promotes the self-restraint,self-protection and healthy and orderly development of the Internet subject.The third chapter discusses the construction and sharing of the Internet through the establishment of the concept of joint construction and sharing,the perfection of Internet rules and the interaction between rules.Firstly,we should adhere to the concept of governance.Secondly,we should improve the existing hard law system.Finally,for the interaction between hard and soft laws and hard clear method is the foundation of Internet governance norms should pay attention to its frame function of the play,under the premise of persisting the constitution one yuan of soft and hard method together,we should realize the Internet governance under the rule of law.