中国接入互联网已有近30年时间,随着互联网技术的发展,各类规范性文件和技术标准也大量被发布,在互联网治理中发挥了重要的作用。互联网治理呈现出“规治”“标治”的特点。本文在分析互联网治理中规范性法律文件及技术标准的基础上,指出互联网治理领域,“规”和“标”弥补了法律滞后性的不足,迅速地对新的技术做出反应,在维护网络空间安全与秩序、规范网络行为、促进信息经济发展等方面发挥了不可替代的作用。但是,基于“规治”“标治”的互联网治理路径也存在值得关注的问题和风险。基于此,本文提出完善互联网治理路径的两条建议:一是完善互联网顶层制度设计,保障“规”“标”有法可依;二是完善审查制度,确保“规治”“标治”遵循法治原则。
<<China has been connected to the Internet for nearly 30 years. With the development of Internet technology,various normative documents and technical standards have also been released in large numbers,playing an important role in Internet governance. “Rule of regulations” and “rule of standards” have become the Based on the analysis of normative legal documents and technical standards in Internet governance,this article points out that in the field of Internet governance,regulations and standards make up for the legal lag,and quickly respond to new technologies and maintain the network. It has played an irreplaceable role in cyber security and order,in regulating network behavior,and promoting the development of information economy. However,this Internet governance approach based on regulations and technical standards also has problems and risks worthy of attention. Therefore,this article puts forward two suggestions for improving the Internet governance approach. One is to improve the design of the Internet’s top-level system to ensure that “regulations” and “standards” have laws to follow;the other is to improve the review system to ensure that “rules” and “standards” follow the principle of rule of law.
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