Paste the basic principles of the construction of the fate of the network space
December 08, 2022 09:43 Source: "China Social Sciences" December 8, 2022 Total Issue 2547 Author: Zheng Wenming

With the degree of dependence of human beings on the Internet,The Internet has developed into an economy、Politics、Culture、Social and other aspects of new world。Like the real world,Network space also requires a minimum order,Need to formulate specifications for Bet365 lotto review network space participants for maintenance。2015,my country's leaders proposed the "Four Principles" that should adhere to the reform of the global Internet governance system at the 2nd World Internet Conference,"Respect online sovereignty,Maintenance Peace Security,Promoting open cooperation,Build a good order "。2019,The Sixth World Internet Conference Organizing Committee released the concept document of the "Join the Community of Destiny of the Network Space",The "Four Principles" are clearly determined as the basic principles that should be adhered to when "building a community of destiny for network space"。I think,"Four Principles" constitutes the essence of the concept of "building a community of destiny of network space",The key to understanding China's Internet governance policy。

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Open in network space、Cross -border characteristics to make a single country、Organization and individuals cannot implement effective control of them,The original domestic law and international law based on territorial borders are also difficult to play in network space。Further,Divergent of network space participation subject,and the subjects in the values、Ideology、There are huge differences in the interests of real national interests,As bet365 live casino games a result, the subjects in the process of formulating international norms in the Internet and establishing an international organization of Internet governance,It is difficult to reach a consensus。In this background,Internet space participants try to express their respective claims by proposing the principle of Internet governance,Relieve conflict,Prevention of network space from ordering。

early this century,in Geneva、Four files formed by the two information society world summit (WSIS) held in Tunisia include the basic principles of Internet governance,Since then,Internet governance principles become the most influential standardized tools。2011-2014,United States、Brazil、European Commission、United Nations、Organization of Economic Cooperation and Development (OECD)、Eight Kingdoms Group (G8)、Shanghai Cooperation Organization、Internet Association (ISOC)、Global Network Initiative Organization (GNI) and other countries or organizations have proposed some influential Internet governance principles.。Due to the most declaration of Internet governance principles released by governments in 2011,Some scholars call it "the government supports the Internet principle years"。

The Chinese government proposed the concept of "Building the Destiny Community of Network Space" in 2015 and "Four Principles",In fact, the continuation of the "government support the Internet principles year" in 2011,China Wisdom, which reflects solving the problem of Internet development and governance、Chinese Plan,It is also an important part of the global Internet governance principle system。

 The legal meaning of the basic principles 

China proposes the concept of building a community of fate of network space,Interested in condensing the consensus of Internet development governance,Building network space into a community of development Bet365 lotto review community of all mankind、Safety Community、Responsible community、interest community。But the existence of the community of the fate of the network space must be based on norms,Network space is the first to regulate the community。The establishment of no network spatial specification system,The development of human beings in network space、Security、Responsibility and interests cannot be guaranteed,The construction of the community of the fate of the network space is also difficult to implement。

Network specifications are mainly composed of legal specifications。From the perspective of jurisprudence,Legal specifications usually include legal rules and legal principles,Therefore, network specifications are usually composed of legal rules and legal principles suitable for network space。The basic principles of the establishment of the fate of the network space belong to the principle of legal。On the one hand,The "Four Principles" of the Destiny Community of the Destiny of the Network Space have clearly stipulated in the law,Like the UN Charter、my country's Constitution and Network Security Law are discussed,For example, Article 1 of the "Network Security Law" clearly stipulate、Article 7 stipulates that "establish multilateral、Democratic、Transparent Network Governance System "。These regulations reflect the value judgment of the value of the fate of the network space,Therefore, it belongs to the category of legal specifications。

On the other hand,Regardless of whether the logical structure of the "four principles" of the "four principles" or the content content of the network space destiny,"Four Principles" are all legal principles。From the perspective of logical structure,"Four Principles" did not set clearly like legal rules、Bet365 lotto review Specific assumptions、Behavior mode and legal consequences; from the content of the provisions,Four principles reflect the native photography、Guidance and other features,instead of having a certain characteristic characteristic like legal rules。

 The main category reflected in the basic principles 

If you want to accurately grasp the basic principles of the construction of the fate of the network space,The focus is to understand the role of the main content and principles it contains in the construction of the fate of the network space。

First,Constructing the fate of the network space should respect the principle of network sovereignty。This principle is the application of the principle of sovereign equality established by the United Nations Charter in the Fate of the Network Space。Network sovereignty refers to governments in various countries to be based on their national conditions,Formulate public policies and laws and regulations on network space,For the domestic information, communication infrastructure and resources in the country、Information and communication activities with jurisdiction,It has the right to protect the country's information system and information resources from threats、Interference、Attack and Destruction,It is obliged to ensure the legitimate rights and interests of citizens in the network space。Network sovereignty is the natural extension of national sovereignty in network space,The birth of the principle of network sovereignty is the inevitable result of Internet -based technical problems as the main technical problem of technical problems,Its essence is the only legal public authority that adheres to the country to deal with the global resources of the Internet。The principle of respect for network sovereignty is the prerequisite for building a community of fate of the network space。

Second,Building the fate of the network space should adhere to the principle of maintaining peace and bet365 live casino games security。This principle is the application and principle of "Maintaining International Peace and Security" in the "UN Charter".,Proposal to maintain network security、The importance of using network space and solving network disputes peacefully。Security of network space、Stability、Full、Trust and sustainable operation is to realize Internet innovation、The prerequisite and foundation for benefiting human beings,The common interests of all Bet365 lotto review network space participants,Emphasize the security and stability of maintaining network space、The common responsibility of using network space and peaceful solution to network disputes as all network space participants。Maintaining the principle of peace security is the guarantee of the construction of the community of the network space。

third,Building the fate of the network space should adhere to the principle of promoting open cooperation。Openness is the original intention of the Internet,Internet decentralization、Easy to close sexual features to open up technical obstacles to everyone。Operation of the Internet、Innovation、Governance, etc. are inseparable from cooperation between Bet365 lotto review network space participants。Promoting the principle of promoting open cooperation is to promote comprehensive innovation and development of network space,Implement different systems、In the context of different ethnic groups and different cultural backgrounds, the benefit of the interests of network space participants to maximize the benefit。Promoting the principle of open cooperation is the path built by the community of the network space destiny。

Fourth,Building the fate of the network space should adhere to the establishment of a good order principle。This principle regards order as the basis for ensuring network space operation,is one of the basic values ​​of network specifications and maintenance。This principle requires Bet365 lotto review network space participants must realize that the network space is not outside the law,Based on the basic criteria of recognized international law and international relations,Build a good network space order。Building a good order principle is the foundation for the construction of the community of the fate of the network space。

 Value function of basic principles 

Demonstration of "Four Principles"。The proposal of the "Four Principles" of the Destiny Community of the Internet Space,It reflects that most Internet technologies, including China at this stage, develop the basic position of the country to deal with Internet governance。The proposal of the "Four Principles" is conducive to curbing network hegemonism、Unilateralism,National interests of the country after maintaining Internet technology,It has legitimacy and feasibility,Exemplary role of the country after the Internet technology。

The policy guidance of the "Four Principles"。"Four Principles" as the principle of policy legal,It is the undertaker of the basic spirit and value of network law、Basic architecture of the content system of the network method,It can be used as the basis for interpretation and reasoning of network legal,Provide policy guidance for the correct application of network legal rules。

The referee of the "Four Principles"。Four principles are the same as other legal principles,When the judge cannot directly quote clear legal rules for trial cases,You can directly serve as the basis or reason for the referee,It plays a role in making up for legal loopholes。

 (This article is the key project of the Beijing Municipal Social Science Fund key project "Challenge of the Global Internet Governance System and the Construction of the Community of Destiny of the Network Space" (19XCA002) phased achievement) 

(Author Unit: School of Culture and Communication of the University of Capital) 

Editor in charge: Chen Jing
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