Social Sciences in China (Chinese Edition)

No.2, 2018

 

The Rule of Law Model of Online Society Governance

(Abstract)

 

Xu Hanming and Zhang Xinping

 

The rule of law is the basic form of national governance, and the rule of law model is the necessary direction for the governance of online society. Online society is in essence a new pattern of social relationships and structural forms comprising relationships among citizens, legal persons, organizational bodies, etc., formed and brought together on the basis of internet technology; and also an individual or comprehensive reflection, expansion and expression of various relationships in the fields of the real economy, politics, culture, society and the environment. The rule of law model of online society governance refers to governance theories, systems and practice that employ rule of law thinking and the rule of law model to bring the elements, structures, procedures and functions of online society governance into the scope of the rule of law and its operational track. Reviewing the tortuous course of the development of the rule of law in online society governance in China, summarizing useful experience in rule of law construction in online society governance, and reflecting on existing legislative, law enforcement and judicial dilemmas will enable us to build up a rule of law system for online society governance with comprehensive norms, effective implementation, strict supervision and strong guarantees. This will be marked by Chinese characteristics and will ensure the application of rule of law thinking and the rule of law model in governing, operating, using and protecting the internet, thus achieving the sound and orderly operation and development of online society along the path of the rule of law and advancing the modernization of online society’s governance system and governance capability.