A Comparative Analysis of Internet Law in Developed Countries: Implications for China|RISS 상세보기

다국어 초록 (Multilingual Abstract)

The openness, liberty, and globalization of internet law contradict, conflict, and integrate with the character of the state, nationality, and enclosed system of the P.R.C.’s internet legal system. Playing the role of setting regulations and orders, internet law matters a lot in the regulating and shaping of netizen’s online moral character and network practices. By adopting the literature analytic method, this essay reviews related records about the internet law system in industrialized countries, compares internet law regulations of developed countries in northern America, western Europe, and Asia like America, Germany, Britain, France, Japan, Korea, and Singapore, and points out the formation, development, and modification of those countries’ network legal system during historical changes. This paper also uses the comparative analysis method to analyze advantages and features of network legal systems in developed countries. As a result, it is learned that in those countries the top-level designs are complete, Network legislation coordinate with international law, great emphasis is laid on the construction of internet law’s systematicness and completeness, and high attention is paid to the functions of self-regulation and non-governmental management in the network industry. The P.R.C.
should pay attention to the advanced internet law construction and governance experience of developed countries’ and perfect The P.R.C.’s network legal system from aspects of state, market, society, and citizen. We should adhere to the people-oriented principle, highlight the subjectivity of netizens, raise internet users’ legal awareness concerning the internet, establish the legal relation between public network power and individual network power, and add the “legal” entity of network crime, perfect law design of network crime to make the acts of network crime scientific in identification, have the law to abide by and to enforce, and used fairly in the judiciary. We should ldevelop emphasis on trade self-regulation and self-governance of non-governmental organizations, improve network-related administrative law and civil and commercial law to make them connect well with the penalty of criminal law. We should strengthen the systematicness and completeness of the P.R.C.’s internet laws by improving laws and regulations relating to the P.R.C.’s network society governance. We should intensify law enforcement and the judicial practice of the P.R.C.’s network society to create a benign ecological network environment. Meanwhile, the legislation in the P.R.C.’s network should be moderately advanced, open, and compatible. It should focus on coordinating with international law to enhance The P.R.C.’s voice in cyberspace.

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