Deepen the construction of the rule of law in the field of network ecological governance
2026-02-06
The governance of the online ecosystem is an important task in building a strong cyber nation, which is related to national development and security, as well as the vital interests of the people. On November 28, 2025, the Political Bureau of the Central Committee of the Communist Party of China held its 23rd collective study on strengthening the governance of the online ecosystem. General Secretary Xi Jinping emphasized during his hosting of the study that "these years of practice have made us deeply realize that in order to govern the online ecosystem, we must adhere to the leadership of the Party, put the people first, uphold integrity and innovation, uphold the rule of law, and adhere to a systematic approach." In practice, China has gradually established a basic legal framework centered on the National Security Law, Cybersecurity Law, Data Security Law, Personal Information Protection Law, etc., formulated administrative regulations such as the "Regulations on the Management of Network Data Security", "Regulations on the Protection of Minors' Networks", "Regulations on the Protection of Key Information Infrastructure Security", and issued departmental norms such as the "Regulations on the Governance of Online Information Content Ecology", "Regulations on the Management of Online Audio and Video Information Services", and "Guiding Opinions on Strengthening the Standardized Management of Online Live Streaming", covering the management of online content. Information content, algorithm recommendations The legal and regulatory system in various fields such as deep synthesis provides a solid basis for governing the internet in accordance with the law. In terms of governance mode, there is a gradual shift from government led single supervision to diverse collaborative participation of the government, platforms, industry organizations, and the general public. The main responsibility of the platform is further consolidated, and industry self-discipline norms continue to emerge. On this basis, China's network ecological governance has a relatively complete institutional framework and preliminary collaborative governance structure, promoting the overall improvement of the network ecology. Despite significant achievements, facing the reality of accelerated iteration of information technology, explosive growth of network content, and constantly increasing demand for online services from the people, China's legal construction in the field of network ecological governance still faces a series of severe challenges. At the technical level, the application of artificial intelligence to generate content, deep forgery, algorithmic black boxes, and other technologies makes the spread of false information more covert and deceptive. The complexity and cost of content governance have increased dramatically, and traditional identification and disposal methods face the risk of failure. At the subject level, the "digital power" of large online platforms continues to expand, and their internal governance system, which integrates rule making, behavior supervision, and dispute resolution, has actually replaced or even eroded some public governance functions. The contradiction between the platform's own privacy and the public responsibility it undertakes often leads to its self-restraint being ineffective in the face of commercial interests, resulting in frequent problems such as user rights infringement, data monopoly, and algorithm discrimination. At the level of governance system, the dual dominant governance model of "government platform" has certain limitations. Faced with the scale and technological advantages of the platform, the government often falls into the dilemma of regulatory lag and insufficient capacity; However, the diverse social forces, especially the vast user groups, have limited channels and insufficient capacity to participate in governance, resulting in a need to improve the democracy and responsiveness of online ecological governance. At the same time, the lag of legal rules relative to technological development is still prominent, and there are gaps in the governance rules of new formats such as cross-border data flow and metaverse. There are still obstacles in inter departmental collaboration and online and offline governance connection. To address these complex challenges, it is necessary to adhere to systematic and forward-looking comprehensive measures, so that the governance of the online ecosystem can always develop healthily along the track of the rule of law. Firstly, balance the relationship between technological neutrality and legal protection. Technology itself does not naturally point to good or evil, but once it is embedded in the social operating system, it inevitably has a profound impact on values, behavior patterns, and power structures. If algorithm recommendations, data utilization, and platform rules are allowed to develop freely under the pretext of "technology neutrality", it may lead to value disorder, responsibility virtualization, and thus hinder fairness and justice, and erode public interests. In practice, behind issues such as online rumors, algorithmic discrimination, and lack of protection for minors, it is often not due to technological powerlessness, but rather a lack of governance concepts and institutional supply. To deepen the construction of the rule of law in the field of network ecological governance, we need to handle the relationship between technological neutrality and the protection of the rule of law, use the rule of law to set rules, define boundaries, and clarify directions for technological development, integrate socialist core values into the entire process of legislation, law enforcement, judiciary, and compliance, and guide technology towards goodness and standardized application through institutional design. On the one hand, by improving legal norms, clarifying the responsibilities of platform entities, algorithm governance obligations, and data usage boundaries, we can prevent the abuse of technology and the disorderly expansion of capital; On the other hand, reasonable space should be reserved for technological innovation to avoid replacing legal governance with simple administrative measures, which may affect the healthy development of the digital economy. Only by adhering to the people centered development idea, using governance to establish a "steering wheel" for technological development, and installing a "safety valve", can cyberspace be both dynamic and orderly, and create a good digital environment for Chinese path to modernization. Secondly, handle the relationship between rights protection and boundary definition well. The rule of law is the cornerstone of network governance, and its core lies in accurately balancing the protection of rights and the regulation of behavior, defining a clear framework for freedom and order in the digital age. This requires the legal system to make timely and effective responses and confirmations to the new rights and interests of citizens in the digital space. It is not only necessary to fully extend traditional rights such as personality rights and property rights to the online environment, but also to focus on strengthening legislative protection and judicial remedies for emerging rights and interests such as personal information rights, data property rights, and digital identity rights. It is also necessary to explore granting users substantive "algorithm rejection rights" and "data portability rights" to reverse their weak position in the platform. At the same time, legislation should clearly and unambiguously delineate the forbidden zones and red lines of online behavior, and through improving laws and regulations, explicitly prohibit behaviors that endanger national security, spread violent terrorist information, commit online fraud, infringe intellectual property rights, engage in online violence, etc., providing stable and clear behavioral expectations for all participants. In the face of new types of rights infringement brought about by technologies such as algorithm recommendation, deep synthesis, and big data analysis, such as "information cocoons", algorithm discrimination, and big data murder, governance should extend to the front end, promote the establishment of ethical review and legal compliance mechanisms covering the entire cycle of technology research and development, deployment, and application, and transform principles such as fairness, transparency, interpretability, and accountability into rigid constraints on technology design. Only by firmly safeguarding the legitimate rights and interests of citizens and setting insurmountable behavioral boundaries in accordance with the law can we build a dynamic and orderly online society, achieving the organic unity of personal development, social progress, and national security. Thirdly, balance the implementation of regulations with procedural justice. The effectiveness and legitimacy of the implementation of network governance rules are the key bridge connecting legislative goals and governance effectiveness. Faced with massive and dynamic network information, the regulatory mode should transform towards intelligence and precision. To this end, technologies such as big data, artificial intelligence, and blockchain can be utilized to enhance network supervision capabilities, build a real-time perception, intelligent analysis, and dynamic warning risk prevention and control system, and achieve a transformation from passive response and extensive inspections to active prevention and precise strikes. Promote innovative tools such as "regulatory sandboxes" and trigger based regulation, while safeguarding the bottom line of security and leaving ample room for the development of new technologies and formats. In this process, whether it is law enforcement and judiciary in the public sector or internal management of online platforms, it is necessary to strictly abide by the legal principles of procedural justice, that is, any disposal measures must be based on legal evidence and transparent procedures, to ensure the right to know, the right to state and defend, and the right to obtain relief of the disposed objects. Especially for the exercise of digital power with significant impact such as platform account suspension and flow restriction, open, fair, and verifiable internal procedures must be established to promote the evolution from "technological rule of law" to "technological rule of law". Specifically, it is necessary to use laws to guide and regulate the application of technology, as well as to be adept at translating legal rules and ethical requirements into machine-readable, executable standards, protocols, and code, deeply embedding them into algorithm models, platform architectures, and business processes, making compliance an inherent attribute of technical systems, thereby achieving 24/7, automated compliance protection, and greatly improving the penetration and effectiveness of governance. (New Press) (Author: Park Soon sun, Associate Professor at the Law School of Heilongjiang University)
Edit:Yingying Responsible editor:Yiyi
Source:https://epaper.gmw.cn/
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