Focus on improving the level of rule of law in network governance in the new era
2024-10-31
The Third Plenary Session of the 20th Central Committee of the Communist Party of China pointed out the need to strengthen the construction of the rule of law in cyberspace and improve the long-term mechanism for network ecological governance. The cyberspace is a shared spiritual home for billions of people. In the era of "Internet plus", the network not only provides strong support to meet the people's yearning for a better life, but also provides new soil for the breeding of all kinds of bad behaviors and even illegal and criminal behaviors. It is necessary to strengthen the governance of cyberspace in accordance with the law, handle various types of online misconduct and illegal activities in accordance with the law, and create a clean and upright online environment for the people. Efforts will be made to improve the regulatory system of network governance. Building a comprehensive regulatory system for network governance is a fundamental step in enhancing the level of rule of law in network governance. We must focus on prominent issues in the field of network governance, promote the improvement of specialized laws, regulations, and normative documents for network governance, enhance the pertinence and operability of institutional construction, and effectively enhance the authority of the network governance system. Second, based on the reality of network governance, we should promote the establishment of relevant systems and regulations in a timely manner, improve the supporting Internet industry standards and technical standards, improve the dynamic governance level of cyberspace, and strengthen the applicability and vitality of relevant systems. We must scientifically allocate and reasonably divide network governance authority through institutional construction, clarify network governance responsibilities, and improve the institutionalization and standardization level of network governance. We need to further refine the criteria for identifying online illegal activities, improve the rules for collecting, fixing, and identifying evidence of online illegal activities, standardize the procedures for obtaining evidence of online illegal activities, and ensure that all types of online illegal and criminal activities are dealt with in accordance with the law. We must improve the jurisdiction system for cybercrime cases, standardize the procedures for territorial jurisdiction, remote jurisdiction, and designated jurisdiction that are suitable for the actual situation of network governance, and ensure that cybercrime is punished in a timely manner. We need to improve the system for applying laws to the internet, regularly publish guiding cases on illegal and criminal activities, standardize the scale of combating cybercrime, and enhance the level of cracking down on cybercrime in accordance with the law. We must strengthen the analysis and judgment of cybercrime cases, identify weak links and prominent problems in network management, timely fill in institutional and work shortcomings in network governance, and continuously improve the level of rule of law in network governance. Efforts should be made to improve the effectiveness of the implementation of the legal system for network governance. The key to achieving the goal of good law and good governance in the field of network governance lies in establishing a sound mechanism for the implementation of the network legal system and enhancing the enforcement capacity of the network governance legal system. We must increase the intensity of network governance and law enforcement, build a strong network law enforcement team, and severely punish illegal and criminal activities on the Internet in accordance with the law. By increasing the cost of illegal and criminal activities on the Internet, we can effectively curb related illegal and criminal activities. Secondly, we must strengthen the responsibility of local management and promote the effective implementation of guidance and supervision responsibilities by the network management department. We must strengthen the main responsibility of the website and consolidate the "first line of defense" for website content management. We must strictly investigate and punish illegal and irregular websites in accordance with the law, and guide them to operate in compliance with the law. We must strengthen the management of online information, improve the mechanism for reporting online information, fully open reporting windows on key websites, build platforms for reporting harmful and harmful information, improve the process and rules for accepting reports, and effectively strengthen content review and inspection management. We must establish and improve the accountability mechanism for network governance, and promote relevant departments and responsible persons to effectively fulfill their duties. We must establish and improve the governance mechanism of generative artificial intelligence networks, enhance the identification technology for using generative artificial intelligence to create false network information, strengthen the review function of network platforms, improve the technical level of identifying and cracking down on deep fraud, and provide technical support for combating illegal and criminal activities related to the internet. Continuously strengthen online legal publicity and education. Innovating the forms of online legal publicity and education, and enhancing the effectiveness of online legal publicity and education, are important guarantees for the legalization of online governance. We should regularly release typical cases of online illegal and irregular behavior, and leverage the educational and deterrent effects of these cases. Secondly, we should rely on new media to produce promotional videos on online legal and regulatory education, actively occupy the main battlefield of propaganda and education, use easy to understand, flexible and diverse forms to promote laws and regulations, display illegal cases, and effectively play the positive role of new media. Thirdly, we need to improve the accuracy of online propaganda and education, and make full use of new applications and methods such as live streaming, short videos, H5, VR, etc. to meet the different needs of key groups, implementing targeted, personalized, and customized legal propaganda and education. Fourth, we need to compile a series of knowledge books on network governance laws and regulations, carry out a series of activities such as popularizing the law into institutions, enterprises, schools, and communities, actively guide Internet platform operators, new media, and Internet users to strengthen self-discipline, consciously protect the network ecology, and consciously abandon all kinds of network crimes. We must organize and carry out a legal and regulatory knowledge competition for website platform practitioners, guide and educate them to consciously respect, learn, abide by, and use the law, and improve the level of website platforms in handling illegal and criminal activities in accordance with the law. Strive to build a network governance system with multi-party governance. Improving the network governance system and leveraging the role of multiple governance entities can provide strong support for enhancing the level of rule of law in network governance. We must effectively strengthen the construction of network civilization, strive to cultivate a positive, healthy and upward trend of network civilization, promote the formation of strong positive energy in the network, maximize the squeezing of harmful and harmful information living space, promote the strict adherence to the bottom line and red line of network governance in the entire industry, and consciously improve the level of legal operation of the network. Secondly, we must actively build a network governance system that is regulated by the government, self disciplined by the industry, and jointly governed by all parties, in order to enhance the effectiveness of multi-party network governance. Third, we need to effectively improve the network governance level of administrative law enforcement agencies, judicial institutions and other relevant departments, educate and train relevant staff to establish Internet thinking, improve Internet technology, and provide a strong guarantee for effectively combating various types of network crimes. Fourth, we should promote the cooperation between law enforcement and judicial organs and financial, telecommunications and Internet enterprises, strengthen the fight against illegal acts such as illegal access to citizens' personal information, destruction of public telecommunications facilities, and destruction of computer information systems, and give full play to the synergy of the industrial chain against cybercrime. We must focus on leveraging the positive guiding role of mainstream media in network governance, and provide strong support for preventing and resolving network governance problems by enhancing the dissemination, guidance, influence, and credibility of mainstream media. Sixth, we should strengthen the construction of industry organizations such as the Internet Industry Federation, the Alliance of Civilized Websites, and the We Media Alliance, strengthen the construction of self-discipline norms in the Internet industry, promote the network platform and operators to extensively sign integrity self-discipline conventions, improve the self-discipline level of the Internet industry, clarify the red line and bottom line of the Internet industry, and give full play to the exemplary role of advanced models. We must widely mobilize social forces to strengthen comprehensive supervision of illegal and criminal activities on the internet, and mobilize various forces such as the government, society, enterprises, social organizations, and citizens to jointly create a clean and upright online environment and ecology. We must fully leverage the role of netizens, rely on them to strengthen network governance, and effectively enhance the overall level of network governance in society. Actively promote international cooperation in network governance. Carrying out international cooperation in network governance and strengthening international network governance are inevitable requirements for promoting the construction of the rule of law in network governance based on the actual situation of network governance. We must attach great importance to international cooperation in network governance, focus on improving the level of international cooperation in network governance, fully leverage the information and collaborative advantages of multi country governance, effectively prevent and resolve various illegal and criminal activities in the network, and focus on cracking down on all kinds of behaviors that involve collusion between domestic and foreign parties to commit illegal and criminal activities in the network, jointly maintaining the security and stability of cyberspace. Second, we should actively participate in the construction and improvement of the Internet governance system, promote the formulation and improvement of the rules and standards of Internet governance, strive to integrate the relevant requirements of China's network governance into the Internet governance system, achieve the convergence and coordination between China's network governance laws and regulations and the rules of Internet governance, and consolidate the institutional foundation for strengthening international network governance. (New Press) (Author Chen Yiyuan is an associate professor at the School of Marxism, Shandong University, and a researcher at the Institute of Rule of Law in China, Shandong University)
Edit：Rina Responsible editor：Lily
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