Promoting the rule of law in cyberspace by using the rule of law thinking and the rule of law way.

　　In his important speech at the symposium on cyber security and informatization, General Secretary of the Supreme Leader pointed out that the Internet is not a place of extra-legality, and it is necessary to strengthen the governance of cyberspace in accordance with the law in an attitude of being responsible to the society and the people, so as to create a clean cyberspace for the majority of netizens, especially the majority of teenagers. The country can’t be cured, and the network can’t be ruined. At present, cyberspace has become a new channel for information dissemination, a new space for production and life, and a new territory for state governance. For the sustainable and healthy development of cyberspace, we must use the rule of law thinking and methods to explore the way of governing the network by pipe network, strengthen network legislation, strictly enforce the law on the network, guide netizens to respect the law and abide by the law, and comprehensively promote the rule of law in cyberspace.

　　Strengthen the thinking of the rule of law and give play to the basic role of the rule of law in guiding network behavior.

　　"The impermanence is strong, impermanence is weak. Those who serve the law are strong and the country is weak. " To comprehensively promote the rule of law, we must strengthen the rule of law. Cyberspace is virtual, but the subject of using the network is realistic. Cyberspace is an extension of the real society, interwoven and influenced by real social relations, interest relations and social roles. Cyberspace is clear and the ecology is good, which is in line with the interests of the people. Cyberspace is smoky and ecological deterioration, which is not in the interests of the people. No one wants to live in a space full of falsehood, fraud, attack, abuse, terror, pornography and violence. At the same time, network security affects the whole body, which has a certain impact on national politics, economy, culture, society and national defense security. All these require us to bring Internet management into the track of rule of law, comprehensively promote the rule of law in cyberspace, and let the Internet run healthily on the track of rule of law.

　　Without strict rules, there will be no orderly cyberspace. As an effective way to standardize and institutionalize cyberspace, the rule of law is a common practice all over the world. The United States, Britain, Russia and other countries have successively formulated and promulgated cyberspace strategies, plans, policies and regulations, and strengthened the management of Internet content. The United States has clearly defined the Internet world as an area that needs to be controlled as much as the real world, promulgated nearly 200 relevant laws and regulations, and passed the Cyber Security Act of 2015, giving American Internet service providers unprecedented network supervision and management rights. The EU has adopted the Directive on Network and Information Security, which provides basic legal protection for the development of digital economy in the EU. Canada and Brazil respectively promulgated the Federal Law on Information, Informatization and Data Protection and the Network Civil Law as the basic laws in the Internet field.

　　The rule of law thinking is the ideological basis of the rule of law in cyberspace. Under the background of ruling the country by law in an all-round way, we must strengthen the thinking of the rule of law, attach importance to the role of law in regulating and regulating, make decisions and act according to law, promote the deepening reform and innovative development of cyberspace according to law, strengthen scientific legislation, strictly enforce the law, and ensure the correct implementation of the law. It is necessary to define the bottom line of network behavior, the red line of cyberspace, and the high-voltage lines that violate laws and regulations, so as to provide guidelines for operators to build and run networks, provide rules for netizens to use the Internet, and provide basis for regulators to manage the network through pipe networks, thus building a rational, orderly and dynamic cyberspace.

　　Strengthen scientific legislation and build a standardized internet by relying on a strict legal network

　　"If good laws are established in the world, then the world will be ruled; If a good law is established in a country, then a country will govern. " Law is the heavy weapon of governing the country, and good law is the premise of good governance. Since China’s full access to the Internet in 1994, China has formulated more than 70 laws, regulations and normative documents related to the Internet, especially since the 18th National Congress of the Communist Party of China. The National Security Law, the Criminal Law Amendment (IX) and the Anti-Terrorism Law have been promulgated one after another, and relevant regulations and normative documents such as Internet finance, advertising management, online publishing, search, live broadcasting and application procedures have been implemented one after another. There is a basic basis for pipe network, network operation and network use according to law, which has played an important role in promoting the healthy development of the Internet and safeguarding national security, public interests and the legitimate rights and interests of citizens, legal persons and other organizations. In particular, the promulgation of "Network Security Law" indicates that Socialism with Chinese characteristics’s cyberspace laws and regulations system has taken shape. However, the current network legal system construction is not suitable for the rapid development of information technology and the increasingly complex network security situation. Strengthening cyberspace legislation is still an important and urgent task.

　　The rule of law system in cyberspace is an important part of the rule of law system in Socialism with Chinese characteristics, so we must insist on legislation first and give play to the leading and promoting role of legislation. To promote the rule of law in cyberspace, the first thing is to improve the cyberspace laws and regulations system with scientific content, strict procedures, complete supporting facilities and orderly operation. Pay more attention to overall planning and top-level design, pay more attention to exploring and following the scientific laws of network governance, pay more attention to improving the systematicness, pertinence and effectiveness of Internet legislation, and make Internet legislation interconnected, coordinated and organically unified. We should constantly speed up the formulation and promulgation of basic legislation such as e-commerce, personal information protection and e-government. Improve laws and regulations on Internet information services, network protection for minors, security protection of key information infrastructure, Internet news information services, online audio-visual programs, online culture, and financial information services. Improve judicial interpretation and policy interpretation, promote the extension of existing laws to the Internet, and regulate network behavior.

　　Strengthen network law enforcement to ensure that laws and regulations are implemented.

　　"It is not difficult to legislate, but it is difficult to enforce the law." The vitality of law lies in implementation, and the authority of law also lies in implementation. Governing the network by pipe network is an important supervision and management law enforcement activity. Without strict law enforcement, it will be difficult to implement the rule of law. The Fourth Plenary Session of the 18th CPC Central Committee put forward clear requirements for the construction of the rule of law in the Internet field. In order to strengthen network law enforcement, the State Council authorized the National Internet Information Office to be responsible for the national Internet information content management and law enforcement. In recent years, network law enforcement departments have continuously intensified their efforts to crack down on illegal information and behaviors, investigated and dealt with a number of influential typical cases, increased the exposure and warning of illegal websites, and significantly improved the standardization level of network law enforcement.

　　To ensure the correct implementation of network laws, we need to continue to deepen the reform of network administrative law enforcement system and mechanism. It is necessary to improve the basis of law enforcement on the Internet, promote the reform of the network law enforcement system, integrate the administrative law enforcement resources of law enforcement departments and network information departments at all levels involved in network management, and promote comprehensive law enforcement and administrative law enforcement supervision on the Internet in accordance with the principles of reducing levels, integrating teams and improving efficiency, so as to fundamentally avoid problems such as inconsistent standards, unsynchronized actions and inconsistent results brought about by "Jiulong Water Control" and multi-department law enforcement. It is necessary to improve the network law enforcement procedures, clarify the specific operational procedures, and implement the network administrative law enforcement publicity system, the whole process of law enforcement record system and the legal review system of major network law enforcement decisions in accordance with the reform deployment and direction. Establish and improve the benchmark system of administrative discretion, refine and quantify the benchmark of network law enforcement discretion, and standardize the scope, type and range of discretion. Fully implement the network administrative law enforcement responsibility system and strictly implement the accountability mechanism.

　　"Law, if you commit a crime, you will do it; Order, only do not return. " It is necessary to strictly implement the Cyber Security Law, the Anti-Terrorism Law, the Decision of the Standing Committee of the National People’s Congress on Strengthening the Protection of Network Information and other laws and regulations to prevent problems such as passive law enforcement, lax law enforcement, and inadequate law enforcement. Network operators and related subjects who violate laws and regulations shall be given warnings and ordered to make corrections according to law until they are shut down, so as to avoid legal provisions being shelved, becoming "scarecrows" and having a broken window effect. It is necessary to severely crack down on the use of the Internet to advocate the overthrow of state power, incite religious extremism, propagate ethnic separatist ideas, and instigate violent terrorist activities. We will intensify the punishment of illegal crimes such as fraud, theft, drug trafficking, spreading obscenity and pornography, infringing on personal privacy and intellectual property rights through the Internet. Strictly guard against cyber crimes, especially new cyber crimes, and safeguard the interests of the people and social harmony and stability. Establish and improve the information sharing mechanism, and actively participate in the international joint action against Internet crimes.

　　Strengthen respect for laws and regulations, and guide websites to run networks according to law and netizens to surf the Internet according to law.

　　"If the law stands on the top, the custom will follow.". At present, there are 731 million netizens and 4.82 million websites in China. Cyberspace has become the common spiritual home of hundreds of millions of people. Spreading positive energy through the network and creating a clear cyberspace have become the conscious actions of many websites and hundreds of millions of netizens. At the same time, some phenomena that deviate from the socialist core values, unilaterally pursue clicks and forwards, play "edge ball" and even touch the legal bottom line occur from time to time. We must earnestly implement the main responsibility of Internet enterprises to run the network according to law, strengthen industry self-discipline, establish self-discipline mechanism and industry norms, comprehensively use various means to standardize enterprise behavior and manage employees, and ensure that market operations do not exceed the rule of law. Strengthen the construction of network integrity, establish and improve the website integrity evaluation mechanism, improve the law-abiding credit records of online social organizations, websites and netizens, improve the law-abiding integrity reward mechanism and the disciplinary mechanism for illegal and untrustworthy behaviors, and gradually establish a punishment and withdrawal mechanism according to law.

　　The authority of law comes from the people’s inner support and sincere belief. It is necessary to follow the law of network communication, comprehensively use all kinds of new media technologies and applications to carry out legal popularization activities, and vigorously carry forward the spirit of socialist rule of law. Carry out legal service activities such as online legal consultation and legal aid, guide members of society to consciously safeguard the legal order in cyberspace, use legal weapons to protect their legitimate rights and interests, and resolutely fight against cybercrime. Adhere to the combination of ruling the Internet by law and ruling the Internet by virtue, carry forward the socialist core values, carry forward the excellent Chinese traditional culture, play the role of moral education, nourish the spirit of the rule of law with morality, guide netizens to form rational and civilized moral habits and moral concepts, and form a good atmosphere for striving to be "good netizens in China".

　　(The author is an associate professor at the Law Department of the National School of Administration)