A Comparative Study Of Cyberspace Governance Between China And The United States

With the advancement of globalization,cyberspace has evolved into the "fifth frontier" of human development after the sky,the polar,the deep sea and outer space,which embodies the common interests and concerns of human beings.It gradually becomes an important area of global governance,and one of the important issues of relations between USA and China.The particularity of cyberspace makes it conflicted with traditional social norms in its performance,such as(1)the virtuality of cyberspace vs.social responsibility;(2)the interactivity of cyberspace vs.traditional information dissemination;(3)the openness of cyberspace vs.traditional authority;(4)the globality of cyberspace vs.national sovereignty.These conflicts aggravate the hidden dangers of cyberspace governance and make the legislation of cyberspace necessary.In recent years,the global cyberspace security situation is not optimistic.Frequent data and information leaks;the militarization of cyberspace is still spreading;new challenges brought by new technologies such as artificial intelligence,and cloud computing are emerging endlessly.It is urgent to establish norms of conduct in cyberspace for countries,enterprises and users.Regulating cyberspace by legal means has gradually become the mainstream of network governance.Many countries have started to adjust their legal systems of cyberspace governance,set up special institutions in order to ensure the security andstability of their country.At present,the United States has a significant advantage in the global cyberspace governance system.At the strategic level,the United States put the cybersecurity in the scope of national security strategy earlier,and completed the strategic transformation from passive defense to active deterrence.At the legislative level,the United States has formed a relatively mature legal system in the process of governance,and dominated the direction of international law in cyberspace.At the technical level,multinational companies and organizations represented by the United States hold the core resources of the global cyberspace governance and control the key industry chain in the cyberspace field.However,China has increasingly strengthened its Internet technology and industrial strength,made great progress in the development of digital economy.It also has a good strategic opportunity in the regulation of cyberspace.The exposure of the “Prism Event” revealed that cyberspace has become a new field for the United States to promote its interests.The security of cyberspace has gradually become the international strategic commanding point for countries to compete for power and interests.Although cyberspace provides an innovative platform for the development of all countries,legal regulation is still an essential prerequisite and the ultimate guarantee for national cybersecurity.The United States holds the key global network information resources and has formed a relatively mature legal system in cyberspace security governance,while the China's legislation of cyberspace is still in its infancy.In practice,there are differences in legislative ideas,principles and regulatory approaches between the two countries,which is not only caused by the different development levels of technology,but also caused by the cognitive differences in cyberspace security strategy,national sovereignty and governance mode.On the one hand,the United States pursues the value concept of "freedom first" in the global cyberspace and opposes state intervention in cyberspace;on the other hand,it uses its cyberspace hegemony to spy on other countries.As an emerging cyberspace power,China has always advocated the sovereignty of cyberspace and established a fair and cooperative network regulation system.Therefore,China should actively take advantage of cyberspace power,seize theopportunity of technological change,strengthen the top-level design of national network security,improve the legal regulation of cyberspace,realize the autonomy of key technologies,actively participate in the governance process of global cyberspace,and realize the strategy of cyberpower.