Social Sciences in China

Vol. 40, No. 3, 2019

The Rule of Law Model of Internet 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 a reflection, expansion and expression, singly or in synthesis, of various relationships in the fields of the real economy, politics, culture, society and the environment. The rule of law model of Internet governance refers to governance theories, systems and practices that employ rule of law thinking and the rule of law model to bring the elements, structures, procedures and functions of Internet governance into the scope of the rule of law and its operational track. Reviewing the tortuous course of the development of rule of law Internet governance in China, summarizing useful experience in the construction of rule of law Internet governance, and reflecting on existing legislative, law enforcement and judicial dilemmas will enable us to build up a rule of law system of online 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 safeguarding the Internet, thus achieving sound and orderly Internet operation and development along the path of the rule of law and advancing the modernization of the Internet governance system and governance capability.

Keywords: online society, rule of law model, Internet governance, rule of law governance