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A Discussion On The Legal Construction And Regulation Of The "network Navy" From The Perspective Of Qualitative Research

Posted on:2019-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:D C HuFull Text:PDF
GTID:2436330569486663Subject:legal
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Based on the social context of the new era,the development of China's Internet has entered a new stage,and big data and digital economy have become national strategies.Developing digital China and building a strong network are the logic of current economic development in China.Under the theme of Internet governance that constantly highlights the theme of "security," cyber naval forces have become the "network haze" of the Internet society.How to more effectively manage the network,govern the network,and regulate cyber naval forces is related to the construction of the social community of fate of the Internet.This article plans to construct the cyber navy under the perspective of qualitative research.Based on this,it discusses the features and predicaments of China's cyber naval regime and seeks a paradigm of legal regulation.The discussion logic of this article is: Firstly,the type inspection of the cyber naval forces is carried out,which provides the guilty for the following illegal analysis and hierarchical classification of legal regulations.Secondly,under the concept of the industrial chain,the operation mode of the cyber navy is discussed.The role of the main body is based on this analysis of the legal relationship.Once again,the construction of the legal body of the cyber naval force,including the structure of the relationship,the illegality of the behavior,and the way of the responsibility,etc.,are analyzed.The characteristics and dilemmas,as a way to propose collaborative management ideas.This article believes that the analysis of the legal relationship of cyber naval forces can be analyzed in two dimensions.Prof.Yang Lixin's construction system for the legal relationship of online transactions can be divided into macro legal relationship structure and micro legal relationship structure.Micro legal relationship structure can be divided into Legal and relational legal relationships clarify the rights and obligations of all parties in the cyber-sector's industrial chain—clients,naval platforms intermediary,network promotion providers,and the employed naval forces.The investigation of sexuality competition law approach and tort law approach,seeking illegal sources,proceeding from practice,and taking care of their legal liabilities,according to which the characteristics and dilemma of China's cyber water military regulation are proposed,and the idea of collaborative governance is proposed.This article believes that the characteristics of China's cyber navy's regulation are: taking the "real-name system" as the starting point,constructing a preventive regulatory system;complementing legislation,and establishing a result-based regulatory system;network law enforcement can be based on evidence and orderly convergence.The dilemma is manifested in the following: behavior regulation is the main,and no specific legislation has been formed;existing legislative protection has been unevenly distributed and inconsistent.The main contents of the collaborative governance model chosen in this paper are: to improve the regulatory effect of the legal mechanism,industry autonomy is an important way for social collaborative governance,to establish the technology-first governance principles,and to highlight the participatory and responsible nature of citizens' collaborative governance.
Keywords/Search Tags:Network Water Army, Legal Relations, Illegality Analysis, Collaborative Governance
PDF Full Text Request
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