The Construction of China's Internet Rule of Law in the New Era

Date: 2023-06-20 Clicks:0

Beijing, March 16 (Xinhua) - The State Council Information Office released a white paper on the construction of the rule of law in China's network in the new era on March 16. The full text is as follows:

The Construction of China's Internet Rule of Law in the New Era

(March 2023)

People's Republic of China

Information Office of the State Council

catalogue

preface

1、 Firmly follow the path of governing the internet in accordance with the law

2、 Consolidate the legal foundation of cyberspace

(1) Establish a legal system for safeguarding network rights and interests

(2) Establish sound legal rules for the digital economy

(3) Draw a legal red line for cybersecurity

(4) Improve the norms of network ecological governance

3、 Ensure standardized and orderly cyberspace

(1) Protecting personal information rights and interests

(2) Protecting network intellectual property rights

(3) Standardize the order of the online market

(4) Maintaining National Cybersecurity

(5) Creating a Clear Network Space

4、 Defending fairness and justice in cyberspace

(1) Innovative network judicial rules

(2) Exploring Online Judicial Models

(3) Safeguarding online judicial rights and interests

5、 Enhance the awareness and literacy of the rule of law on the internet in the whole society

(1) Expand the new model of "Internet plus+law popularization"

(2) Popularize network laws and regulations

(3) Targeting key objects to carry out online legal education

(4) Strengthening research and education on the rule of law on the internet

6、 Strengthening international exchanges and cooperation on the rule of law on the internet

(1) Actively participate in rule building

(2) Widely engage in exchanges and cooperation

(3) Strive to build a dialogue platform

Conclusion

preface

The Internet is an important achievement in the development of human civilization. While promoting economic and social development, the Internet also poses significant challenges to regulation and governance. Developing and governing the Internet well, and making it better benefit humanity, is the common pursuit of countries around the world. Practice has proven that the rule of law is the fundamental way of internet governance. The use of legal concepts, legal thinking, and legal means to promote the development and governance of the Internet has become a global consensus.

Since fully functional access to the international internet in 1994, China has adhered to the rule of law in internet governance, continuously promoted the legalization of cyberspace, and promoted the healthy operation of the internet on the track of rule of law.   The integration of online legislation, online law enforcement, online justice, online legal education, and online rule of law education has been promoted, with the participation of multiple entities such as the state, government, enterprises, social organizations, and netizens. A path of governing the internet in accordance with international practices and with Chinese characteristics has been taken. China's construction of the rule of law in the internet not only effectively enhances China's internet governance capabilities, but also contributes Chinese wisdom and solutions to global internet governance.

To comprehensively introduce the situation of China's network rule of law construction and share the experience and practices of China's network rule of law construction, this white paper is hereby released.

1、 Firmly follow the path of governing the internet in accordance with the law

China is adapting to the global trend of information technology development, based on the practice of China's internet development, integrating the construction of the rule of law in the network into the strategic layout of comprehensive rule of law, continuously deepening its understanding of the regularity of rule of law in the network, developing and adhering to it through exploration, and has embarked on a path of network rule of law with Chinese characteristics.

——Adhere to putting the people at the center. China's construction of the rule of law on the internet adheres to the position of the people as the main body, consolidates the wisdom and strength of the broadest masses of the people, and implements the entire process of legislation, law enforcement, judiciary, legal popularization, and other aspects of the construction of the rule of law on the internet that reflect the interests and wishes of the people, safeguard their rights and interests, and enhance their well-being. Efforts should be made to safeguard the legitimate rights and interests of the people in cyberspace, strengthen cyberspace governance in accordance with the law, fully respect the rights of netizens to exchange ideas and express opinions, resolutely crack down on illegal and criminal activities on the internet, build a good order in cyberspace, and create a safe, fair, healthy, civilized, and clear cyberspace.

——Persist in promoting the development of the Internet. The essence of governing the internet according to law is to provide guarantees for the healthy and orderly development of the internet, rather than restricting its development. China will use the rule of law to govern the internet as a fundamental means, improve the digital economy governance system, enhance the level of rule of law in digital government construction, promote the construction of a digital society in accordance with the law, and lead, regulate, and ensure the high-quality development of digital China construction. Adhere to the synchronous promotion of development and security, strengthen the defense line of network security, ensure development with security, promote security with development, and promote the Internet as the largest variable to become the largest increment of social and economic development.

——Adhere to the national conditions. China's construction of the rule of law in the internet is based on the basic national conditions that China is the world's largest developing country and has the largest number of internet users. In response to the actual situation of China's huge scale of internet users, numerous enterprise platforms, and rich product formats, China adapts to the characteristics of diverse legal subjects, diverse legal relationships, and diverse legal application scenarios, and insists on handling the relationship between development and security, freedom and order, openness and autonomy, management and service, Deeply study the cutting-edge and global issues of the rule of law on the internet, apply legal thinking and methods to solve the bottleneck problems that constrain the development of the internet, and find the Chinese answer to the healthy development of the internet.

——Adhere to innovation leadership. The Internet is born and thrives due to innovation, and the rule of law on the internet requires innovation in particular. China comprehensively grasps the unprecedented difficulty and complexity faced by cyberspace governance, proactively responds to the risks and challenges brought by new technologies, applications, forms, and models of the Internet, and promotes comprehensive innovation in the concept, content, methods, and other aspects of the rule of law in the Internet. Improve and innovate algorithms, blockchain and other new technologies and rules in new fields, strive to fill the time gap and gaps in important institutional areas, establish a comprehensive network governance system, innovate network judicial models, lead the practice of network rule of law with innovation, and comprehensively enhance the efficiency of internet governance.

——Adhere to open cooperation. China's construction of the rule of law in the internet not only adheres to network sovereignty, but also extensively draws on the advanced experience of network rule of law in various countries around the world, absorbs mature practices from abroad, and plans to place China's internet development in the context of international internet development, forming an internet governance model that combines Chinese characteristics with international practices. Actively participate in the formulation of international rules for cyberspace, carry out international exchanges and cooperation in the field of cyber rule of law, and work together with countries around the world to establish a multilateral, democratic, and transparent global internet governance system.

In the new era of China's network rule of law construction, based on its own development reality, drawing on advanced foreign experience, daring to explore, abide by principles, and innovate, it has embarked on a unique path of network governance, achieving a series of significant achievements, and making important contributions to the construction of a strong network country, the comprehensive rule of law, and the governance of the Party under the conditions of informatization.

——This provides strong support for the transition from a major cyber power to a strong cyber power. China's construction of a strong cyber nation is constantly advancing towards the direction of basic popularization of network infrastructure, significant enhancement of independent innovation capabilities, comprehensive development of digital economy, strong network security guarantees, and balanced network attack and defense capabilities, achieving significant achievements. The scale of internet users is the largest in the world, and the development of mobile Internet of Things has achieved "Internet of Things Superman". The world's largest and technologically advanced fiber optic broadband and mobile communication network has been built, and 5G technology, industry, and application are comprehensively leading. The development momentum of the digital economy is strong, with a scale of 45.5 trillion yuan in 2021, ranking second in the world. New Internet technologies have been deeply applied in education, employment, social security, health care, sports, housing, transportation, disabled elderly care and other fields. "Internet plus" operates healthily according to law, forming the world's largest and vibrant digital society.

——Promote the in-depth implementation of comprehensive rule of law in the cyberspace. China adheres to the principle of governing the country according to law and applies it to the cyberspace. It deeply implements the plan for building a rule of law in China, continuously promotes the construction of the rule of law in the cyberspace, adheres to scientific legislation, strict law enforcement, fair justice, and universal compliance with the law, and deepens the practice of socialist rule of law with Chinese characteristics in the cyberspace. The basic construction of the "four beams and eight pillars" of online legislation has enriched and improved the legal system of socialism with Chinese characteristics. The law enforcement on the internet continues to strengthen, and we will crack down severely on illegal activities on the internet. The network ecology and order continue to improve, promoting a safer and more harmonious social order. The rules of online judicial adjudication are gradually improving, and the handling of online cases is constantly increasing, highlighting fairness and justice in the online space. The promotion of online legal education has deepened, and respecting and abiding by the law has gradually become a common pursuit and conscious action in the online space. The legal awareness and literacy of the general public have been comprehensively improved.

——Contribute Chinese experience, wisdom, and solutions to global internet governance. The cyberspace is a common space for human activities and requires joint construction and governance by countries around the world. China continuously explores scientific ways and solutions to govern the internet in accordance with the law, and has formed a unique path of internet governance with Chinese characteristics through the integration of legislation, law enforcement, judiciary, and legal education, providing Chinese experience for global internet governance. China actively participates in global internet governance, promotes the launch of multiple initiatives and declarations such as the G20 Digital Economy Development and Cooperation Initiative and the Global Data Security Initiative, creatively proposes the principle of network sovereignty, advocates for the application of the principle of sovereign equality established in the United Nations Charter to cyberspace, and contributes Chinese wisdom and solutions.

2、 Consolidate the legal foundation of cyberspace

Law is a crucial tool for governing a country, and good law is a prerequisite for good governance. China grasps the development laws of the Internet, adheres to scientific, democratic, and lawful legislation, vigorously promotes the construction of the network legal system, and continuously enhances the systematic, holistic, collaborative, and timely nature of network legislation.

China's internet legislation has gone through a development process from scratch, from few to many, from point to surface, and from surface to body with the development of the internet. The first stage, from 1994 to 1999, was the stage of internet access. The number of internet users and devices is steadily increasing. At this stage, network legislation mainly focuses on network infrastructure security, namely computer system security and network security. The second stage, from 2000 to 2011, was the PC Internet stage. With the gradual increase in the number of computers and the gradual reduction of internet fees, it is becoming increasingly common for users to access the internet, and network information services are developing rapidly. At this stage, network legislation has shifted to focus on network service management and content management. The third stage, from 2012 to present, is the mobile internet stage. At this stage, network legislation gradually tends to comprehensively cover network information services, information technology development, network security protection, and other aspects of comprehensive network governance. In this process, China has formulated and introduced more than 140 pieces of legislation in the field of the internet, basically forming a network legal system based on the Constitution, relying on laws, administrative regulations, departmental and local regulations, local government regulations, traditional legislation, and network specific legislation such as network content construction and management, network security and informatization, providing a solid institutional guarantee for the construction of a strong network country.

  

(1) Establish a legal system for safeguarding network rights and interests

The scientific construction of a legal system for safeguarding network rights and interests provides sufficient legal basis for the comprehensive protection of the legitimate rights and interests of the people both online and offline.

Ensure the freedom and confidentiality of communication among citizens. The protection of communication freedom and communication secrets is a prerequisite for ensuring that citizens can express their demands and thoughts autonomously in cyberspace. As early as 1997, the "Management Measures for the Security Protection of International Networking of Computer Information Networks" were formulated to implement the constitutional protection of the basic rights of communication freedom and communication secrets. In 2000, the Telecommunications Regulations were formulated, which stipulated that the freedom and confidentiality of telecommunications users to use telecommunications in accordance with the law are protected by law. In 2016, the Radio Management Regulations were revised to further strengthen the protection of communication secrets in the radio field and achieve comprehensive protection of this basic right in cyberspace.

Protect personal information rights. Build a legal barrier for the full chain protection of personal information rights and interests through civil law, criminal law, and specialized legislation. In 2020, the Third Session of the 13th National People's Congress reviewed and approved the Civil Code, which, based on previous legal provisions, made systematic provisions on the protection of personal information in the civil field. In 2009 and 2015, amendments to the Criminal Law were passed to establish the crime of infringing on personal information of citizens, strengthening the criminal protection of personal information. In the specialized legislation on the internet, the Decision of the Standing Committee of the National People's Congress on Strengthening the Protection of Network Information was passed in 2012, which clearly protects electronic information that can identify the personal identity of citizens and involves their privacy. In 2016, the Cybersecurity Law was formulated to further improve personal information protection rules. In 2021, the Personal Information Protection Law was formulated to refine and improve the principles of personal information protection and personal information processing rules, regulate the activities of state organs in processing personal information in accordance with the law, grant multiple rights to personal information subjects, strengthen the obligations of personal information processors, improve the mechanism of personal information protection, set strict legal responsibilities, and comprehensively improve the level of personal information protection.

Safeguard the safety of citizens' property. Continuously increase legislative protection efforts to curb the use of the internet to infringe on property rights and interests. In 2018, the E-commerce Law was introduced, which stipulated that the goods sold or services provided by e-commerce operators should meet the requirements for ensuring personal and property safety. The Civil Code clearly stipulates that acts of using the internet to infringe upon the property rights and interests of others should bear corresponding legal responsibilities. In 2022, the Anti Telecom Network Fraud Law will be introduced to provide strong legal support for combating telecom network fraud activities and effectively safeguard the property rights and interests of the people.

Protect the digital rights of special groups. Through multi-level and multidimensional legislation, we aim to bridge the digital divide among special groups such as minors, the elderly, and people with disabilities, enabling them to integrate more equally and widely into the digital society and enjoy the dividends of the digital age. According to the Cybersecurity Law, the state supports the research and development of network products and services that are conducive to the healthy growth of minors, and punishes activities that use the internet to harm the physical and mental health of minors in accordance with the law. In 2019, the "Regulations on the Network Protection of Children's Personal Information" were formulated, with a focus on protecting the rights and interests of children's personal information. In 2020, the Law on the Protection of Minors was revised, which made special provisions to strengthen the education of minors' online literacy, strengthen the supervision of minors' online content, strengthen the protection of personal information of minors, and prevent and control internet addiction, in order to protect the legitimate rights and interests of minors on the internet. In 2021, the Data Security Law was introduced, requiring that the provision of intelligent public services should fully consider the needs of the elderly and disabled, and avoid creating obstacles to their daily lives.

(2) Establish sound legal rules for the digital economy

Continuously improving the data infrastructure system, maintaining the order of the digital market, standardizing new formats and models of the digital economy, providing a good institutional foundation for the healthy development of the digital economy, and helping the economy shift from high-speed growth to high-quality development.

Promote the construction of a data infrastructure system. Emphasis is placed on leveraging the role of data as a fundamental resource and an innovation engine. The Data Security Law provides regulations for implementing big data strategies, supporting research and commercial innovation in data related technologies, promoting the construction of data related standard systems, and cultivating data trading markets to enhance the level of data development and utilization, and promote the development of the digital economy with data as a key element.

Clarify the operating system of the digital market. Adhere to the development of digital markets in accordance with the law and regulations, firmly oppose monopolies and unfair competition, improve digital rules, and effectively maintain a fair competition market environment. The E-commerce Law comprehensively regulates the operation of e-commerce, clarifies the responsibilities of e-commerce platform operators and platform operators, and requires e-commerce operators with market dominance not to abuse their market dominance to exclude or restrict competition, and maintain a fair market competition order. In 2013, the Consumer Rights Protection Law was amended, and a system of "seven day no reason return" for online shopping was established to strengthen the main responsibility of online operators for consumer rights protection. In 2017, the Anti Unfair Competition Law was revised to add internet specific provisions and prohibit the use of technological means to engage in unfair competition. In 2021, the Measures for the Supervision and Administration of Online Transactions will be formulated to refine the relevant provisions of the E-commerce Law and further improve the regulatory system for online transactions. In 2021, the Anti Monopoly Commission of the State Council issued the Anti Monopoly Guidelines on the Platform Economy, and strengthened and improved anti-monopoly supervision based on the development status, characteristics, and laws of the platform economy. In 2022, the Anti Monopoly Law will be amended to improve the anti monopoly system of the platform economy. It is stipulated that operators shall not engage in monopolistic behaviors prohibited by the law by utilizing data and algorithms, technology, capital advantages, and platform rules.

Standardize new formats and models of the digital economy. The rapid emergence of new formats and models in the digital economy has not only brought tremendous impetus and potential to economic and social development, but also posed new challenges to social governance and industrial development. China focuses on specific areas and issues of new business models and models, and adheres to the combination of "big block" legislation and "small quick and flexible" legislation to prevent and resolve risks. The Civil Code improves the rules for the formation and performance of electronic contracts, including data and virtual property in the scope of legal protection, and promotes the development of the digital economy. The Interim Measures for the Management of Online Booking Taxi Business Services, the Regulations on the Recommendation of Internet Information Service Algorithms, the Regulations on the Management of Blockchain Information Services, the Interim Measures for the Management of Business Activities of Online Loan Information Intermediaries, the Interim Provisions on the Management of Online Tourism Business Services, and other standardized new technologies and formats such as online car hailing, algorithms, blockchain, internet finance, and online tourism, Enrich the legal basis for governance in various fields of "Internet plus".

(3) Draw a legal red line for cybersecurity

Network security is a new topic and content of national security, and has become a major issue related to the overall situation. China has systematically established a legal system for cybersecurity by formulating laws such as the National Security Law, Cybersecurity Law, and Data Security Law, enhancing its cybersecurity defense capabilities, and effectively addressing cybersecurity risks.

Establish network security rules. In 1994, the Regulations on the Security Protection of Computer Information Systems were introduced, establishing a system for the security protection and supervision of computer information systems. In 2000, the Decision of the Standing Committee of the National People's Congress on Maintaining Internet Security was issued, which divided Internet security into Internet operation security and Internet information security, and established a network security responsibility system framework that integrates civil liability, administrative liability, and criminal liability. The Cybersecurity Law specifies the system for maintaining network operation security, network product and service security, network data security, network information security, and other aspects. Further refine the relevant regulations of the Cybersecurity Law, such as the Cybersecurity Review Measures and the Regulations on the Management of Security Vulnerabilities in Network Products. Through years of effort, a comprehensive set of cybersecurity laws and regulations has been initially formed to enhance the national cybersecurity guarantee capacity through institutional construction.

Ensure the security of critical information infrastructure. Key information infrastructure is the nerve center of economic and social operations, and is of paramount importance to network security. Ensuring the security of critical information infrastructure is of great significance for safeguarding national network sovereignty and security, ensuring healthy economic and social development, safeguarding public interests and the legitimate rights and interests of citizens. In 2021, the "Regulations on the Security Protection of Key Information Infrastructure" will be formulated, clarifying the scope of key information infrastructure and the principles and objectives of protection work, improving the mechanism for identifying key information infrastructure, implementing network security responsibilities for key information infrastructure operators, establishing and improving network security protection systems, setting up specialized security management agencies, conducting security monitoring and risk assessment Make specific regulations to standardize the procurement activities of network products and services, and provide legal basis for accelerating the improvement of critical information infrastructure security protection capabilities.

Establish a legal system for data security management. Based on the practical work of data security, focusing on prominent issues in the field of data security, strengthening data security protection through legislation, and enhancing the national data security guarantee capacity. The Data Security Law clearly establishes and improves systems for data classification and classification protection, risk monitoring and early warning, emergency response, and data security review. It provides provisions for supporting measures to promote data security and development, promoting government data security and openness, and ensuring development through security and promoting security through development.

(4) Improve the norms of network ecological governance

The cyberspace is the common spiritual home of millions of people, with clear skies and good ecology, which is the people's beautiful longing for an online home. China adheres to the attitude of being responsible to society and the people, with online information content as the main regulatory object, establishes and improves legal norms for comprehensive network governance, and continuously purifies the cyberspace.

Standardize the order of online information dissemination. Faced with the global challenge of network information governance, laws and regulations such as the Civil Code, Cybersecurity Law, and Internet Information Service Management Measures have been formulated to clarify the norms for the dissemination of network information content and the responsibilities of relevant parties. This provides a legal basis for the governance of illegal information that endangers national security, damages public interests, and infringes on the legitimate rights and interests of others.

Create a legal tool for online counter-terrorism. Resolutely curbing the threat of terrorism in cyberspace in accordance with the law, laws such as the Criminal Law, Criminal Procedure Law, and Anti Money Laundering Law have stipulated the criminal responsibility for terrorist activities, the litigation procedures for punishing terrorist activities, and the monitoring of terrorist funds. In 2015, the Anti Terrorism Law was formulated, which made special provisions on the objects, measures, and mechanisms of online counter-terrorism.

3、 Ensure standardized and orderly cyberspace

Strict law enforcement is a key link in governing the internet in accordance with the law. China adheres to strict, standardized, fair, and civilized online law enforcement, increases law enforcement efforts in key areas that are closely related to the vital interests of the people, comprehensively protects the legitimate rights and interests of the people, safeguards social public interests, promotes the formation of a healthy and standardized online space order, and creates a clear and clear online ecosystem.

(1) Protecting personal information rights and interests

With the rapid development of the digital economy, illegal collection, trading, use, and leakage of personal information are increasing, seriously infringing on the personal and property safety of the people and affecting the normal social and economic order. Personal information protection is not only related to the legitimate rights and interests of the general public, but also to public security governance and the development of the digital economy. China has adopted new regulatory ideas, methods, and means to address the intensity, concealment, and technical nature of personal information infringement, and has increased efforts to handle illegal activities. It has continued to carry out special governance on illegal collection and use of personal information by mobile internet applications (apps), effectively cracking down on illegal and irregular handling of personal information. Since 2019, a total of 3.22 million mobile internet applications have been tested, and nearly 3000 illegal and irregular mobile internet applications have been reported and removed. Through special governance, illegal and irregular behaviors that infringe on the personal information rights and interests of users have been effectively curbed, the awareness of personal information protection has significantly increased, the compliance level of personal information protection has significantly improved, and a good situation of respecting and protecting personal information rights and interests has been preliminarily formed in the whole society.

(2) Protecting network intellectual property rights

Strengthening the protection of online intellectual property rights is the key to supporting innovation in network technology. The continuous emergence of new technologies and applications has made the means of infringement of network intellectual property more covert, diverse, and cost-effective. Law enforcement faces difficulties in tracing sources, obtaining evidence, and enforcement. China continues to explore and accurately grasp the characteristics and laws of intellectual property creation, protection, and application in the online environment. By establishing and improving regulatory mechanisms, constructing a new pattern of social governance for intellectual property protection, promoting platforms to establish cooperation mechanisms for intellectual property protection, and carrying out special actions to combat online infringement and piracy, China continues to strengthen the protection of online intellectual property. Promote the integration of online and offline law enforcement, strike hard, and severely crack down on illegal activities such as online trademark infringement and counterfeit patents. Regularly organize law enforcement activities such as the "Sword Net" special action to combat online infringement and piracy, the concentrated action to crack down on the dissemination of stolen movie recordings in cinemas, and the special rectification of copyright in key markets. Strictly crack down on various types of infringement and piracy, and concentrate on rectifying the copyright order in key areas and markets. During the Beijing Winter Olympics and Paralympics, a centralized action was carried out to protect the copyright of the Winter Olympics, promoting online platforms to remove more than 110000 infringing links related to the Winter Olympics. After years of law enforcement, the environment for protecting online intellectual property has significantly improved.

(3) Standardize the order of the online market

The rapid rise of the online market has played an important role in stabilizing the economy, promoting consumption, ensuring employment, and benefiting people's livelihoods. China actively explores law enforcement models that are suitable for the new business model of the online market, and through a series of actions such as regulating fair competition in the market and cracking down on illegal new trading behaviors, helps promote the healthy and sustainable development of the online market.

Ensure a fair and competitive online market environment. As online platform enterprises continue to expand their size and strength, problems that hinder fair market competition, such as "sharp mergers and acquisitions", unjustified link blocking, "two choices", big data killing, and traffic hijacking, have gradually become prominent. China actively responds to the demands of the people, while supporting the innovative development of online platform enterprises, it also regulates and guides the healthy development of capital in accordance with the law, and adopts various law enforcement measures to address the disorderly competition of platforms. Focusing on key issues such as price fraud and low price dumping on large online platforms, we will rectify monopolistic and unfair competition behaviors through various regulatory measures such as administrative interviews, administrative guidance, and rule guidance. Around key industries such as people's livelihood, finance, technology, and media, we will lawfully review cases involving concentration of platform operators, prevent mergers and acquisitions that may hinder market competition and innovative development, guide network platform enterprises to enhance compliance awareness, and regulate their own business behavior. Through a series of actions, the market environment of the platform economy has been continuously optimized, and the industry ecology of fair competition is steadily improving. Small and medium-sized enterprises have gained broader development space, and a unified, open, fair, competitive, and orderly network competition environment is being formed.

 Standardize online trading activities. Ensuring the standardized operation of online trading activities is an inevitable requirement for creating a good online market environment and safeguarding the rights and interests of the vast number of online trading entities. Carry out the "Internet Sword Action" to concentrate on cracking down on illegal online sales of infringing, counterfeit, and inferior goods, and crack down heavily on illegal online trading of wild animals, plants, and their products. Strictly implement the responsibility of online platforms and strengthen the supervision of internet advertising. In response to new forms of online transactions such as "live streaming sales" and micro store marketing, strict management of online recruitment channels has been implemented, and multiple suspected illegal websites and platform users have been investigated and dealt with. We will launch a special action against online pyramid schemes, focusing on cracking down and punishing online shopping, investment and wealth management, and entrepreneurial pyramid schemes. Through a series of law enforcement measures, key areas, key subjects, and key forms of online trading activities have been effectively regulated.

(4) Maintaining National Cybersecurity

Building a strong network security defense line is an important prerequisite and foundation for achieving the healthy development of the Internet. China continues to carry out security law enforcement work in areas such as basic network resources, important network systems, and network data, effectively preventing and resolving security risks, and systematically building a security environment in the network era. In the field of network basic resources, we will strengthen the management of basic resources such as websites, domain names, and IP addresses. Through measures such as strengthening technological means and improving warning mechanisms, we will strengthen security guarantees. In the field of important network systems, we will deepen network system security protection, continuously monitor network security threats, and effectively prevent major security incidents such as large-scale service attacks on network systems. In the field of network data, enhance data security protection and supervision capabilities, strengthen data security law enforcement in areas such as industrial internet, vehicle networking, and 5G applications by establishing a security monitoring system and implementing classified and graded management.

(5) Creating a Clear Network Space

We will closely focus on the new expectations and requirements of the people, standardize the order of online information dissemination, and rectify various types of network ecological chaos. Focusing on prominent issues strongly reflected by the public, such as online obscenity, pornography, false information, online violence, and algorithmic abuse, we will continue to carry out a series of special actions to "clean the internet" and "clear the air". We will take various measures such as interviews, orders to correct, warnings, suspension of information updates, and fines against websites and platforms that disseminate various illegal and irregular information. Urge website platforms to fulfill their main responsibilities, manage user posted information in accordance with laws and regulations, establish a mechanism for network information security complaints and reports, and form a joint governance force. The online ecosystem continues to optimize, the overall social network civilization literacy is effectively improved, and the online environment is effectively purified.

Adhere to prioritizing and providing special protection for minors, and build a favorable environment for minors to access the internet. By carrying out actions such as "protecting seedlings" and special governance of the online environment of minors, we will focus on rectifying issues such as illegal and harmful information on the internet, addiction to online games, and negative social interactions on the internet, in order to purify the online environment of minors. Strengthen education on cybersecurity for minors, punish activities that harm their physical and mental health through the use of the internet in accordance with the law, form a comprehensive protection force for families, schools, and society, and create a good and safe network environment for minors.

4、 Defending fairness and justice in cyberspace

Fair justice is the last line of defense to maintain social fairness and justice. China adheres to judicial fairness and justice for the people, actively responds to the judicial needs of the Internet era, empowers traditional justice with network information technology, improves network judicial rules, innovates network judicial models, solves new types of network disputes in accordance with the law, combats cybercrime, safeguards the rights and interests of cyberspace entities, and enables the people to access more fair, transparent, efficient, convenient, and inclusive judicial services.

(1) Innovative network judicial rules

With the rapid development of new technologies, applications, and formats in the Internet, the legal relationships carried by cyberspace have become more diverse and diverse, posing new challenges to judicial protection in cyberspace. It is necessary to build more comprehensive rules for cyberspace justice. China promptly formulates civil and criminal judicial interpretations related to intellectual property rights, personality rights, online transactions, unfair competition on the internet, telecommunications fraud, and other fields. By reviewing a large number of new types, difficult and complex judicial cases involving network infrastructure security, algorithmic rules, data ownership transactions, personal information protection, and network platform governance, and highlighting the characteristics of the Internet, we will refine the legal application standards, promote the unity of judicial standards, and clarify the rules of network space, behavioral norms, rights boundaries, and responsibilities and obligations. Develop rules for online litigation, online mediation, and online operation of people's courts, refine rules for electronic data evidence, standardize procedures for handling cybercrime cases, and gradually establish a system of rules for online judicial procedures. The systematization and systematization of online judicial rules provide rule guidance and institutional guarantee for online judicial work, making online justice systematic.

(2) Exploring Online Judicial Models

Actively exploring new paths, fields, and models for the deep integration of judicial activities and network technology, to accelerate social justice. Actively promote the deep application of modern technologies such as big data, cloud computing, artificial intelligence, and blockchain in areas such as litigation services, trial execution, and judicial management, and take the lead in constructing a network judicial model with Chinese characteristics. Encourage local courts to adapt to local conditions, combine the development of the local internet industry and the characteristics of online disputes, and explore new types of internet trial mechanisms with regional characteristics. We have successively established internet courts in Hangzhou, Beijing, and Guangzhou, exploring the implementation of online trial of cases. Vigorously promote digital prosecutorial work, adhere to the empowerment of legal supervision by big data, systematically integrate various case handling data, actively explore the construction of big data legal supervision models and platforms, and strive to promote the combination of case handling supervision and case governance supervision, in order to improve the quality and efficiency of legal supervision in the new era. The new model of online justice marks the further development and improvement of the socialist judicial system with Chinese characteristics in the field of the internet, gradually becoming a bright business card of China's judiciary.

(3) Safeguarding online judicial rights and interests

China actively carries out online judicial activities, resolutely cracking down on online illegal and criminal activities, and strives to make the people feel fairness and justice in every judicial case.

Strengthen the judicial protection of civil rights and interests of citizens on the internet. To handle civil and commercial cases in the fields of personal information protection, online intellectual property rights, online transactions, and online infringement in accordance with the law, and safeguard the civil rights and interests of all parties involved in the network. In terms of personal information protection, emphasis should be placed on online platforms that handle large-scale personal information. Civil public interest lawsuits should be filed against online platforms that infringe on citizens' personal information. The rules and boundaries for the commercial use of user personal information should be clarified through case trials, and online platform enterprises should be urged to collect and use data in a legal and compliant manner. In terms of network intellectual property protection, we will explore the introduction of a technical investigation officer system for cases involving patents, integrated circuit layout design, technical secrets, computer software, and other professional and technical aspects, gradually building a "protective fence" to safeguard the legitimate rights and interests of citizens in the cyberspace.

Intensify the punishment for cybercrime. With the rapid development of internet technology, traditional crimes are accelerating their transformation towards non-contact crimes mediated by the internet. There are many illegal crimes related to the internet, such as telecommunications fraud, online gambling, and online pornography. China handles new types of cybercrime cases in accordance with the law. For many consecutive years, we have launched the "Clean Net Action" to severely crack down on illegal and criminal activities such as hacker attacks, destruction, and infringement of personal information of citizens, which have received strong feedback from the public. We will continue to promote special actions such as "Cloud Sword", "Card Interruption", "Flow Interruption", and "Pin Removal" to crack down on telecommunications network fraud crimes such as loan scams, campus loans, "housing based elderly care", and "investment based elderly care". We will punish the black and gray industries that provide internet access, domain name registration, server hosting, mobile internet application development, network payment, and traffic promotion services to telecommunications network fraud criminal groups in accordance with the law. Improve the national anti fraud big data platform and anti fraud mobile internet application, build a national anti fraud black sample database, and improve the mechanism for quick payment suspension and freezing, as well as the mechanism for returning fraudulent funds. Resolutely crack down on online gambling crimes and strictly control online obscenity and pornography. The governance of cybercrime has achieved significant results, effectively enhancing the sense of security of the people, and promoting social harmony and stability.

  

Explore new paths for online judicial protection of minors. With a focus on punishing and preventing cybercrime, we will accurately crack down on cybercrime such as "cross space molestation" in accordance with the law, and increase efforts to crack down on cyberfraud crimes targeting minors. Combining legal punishment with precise assistance and education, we aim to educate and rescue minors involved in cybercrime to the greatest extent possible. Actively promote the public welfare protection of minors in the field of the internet, using typical cases such as drug related audio and video dissemination, infringement of personal information rights and interests of minors, and high online rewards as a breakthrough point. Through various forms such as public interest litigation, procuratorial suggestions, support for prosecution, and situation notifications, promote the joint protection of the healthy online environment of minors by online platforms, society, and government.

5、 Enhance the awareness and literacy of the rule of law on the internet in the whole society

Online legal publicity and education require the participation of the entire society. With the help of the Internet, China has continuously innovated in the content, form, and means of promoting and educating the rule of law. The concept of rule of law among netizens has been comprehensively enhanced, and the main responsibility of online platforms and industry self-discipline have been effectively implemented. Respecting the law, abiding by the law, and using it has become a widespread consensus and basic principle in the cyberspace. The spirit of socialist rule of law has been fully demonstrated in the cyberspace.

(1) Expand the new model of "Internet plus+law popularization"

The Internet is increasingly becoming a new space for the people to learn, work, and live, a new platform for accessing public information and services, and a new channel and means for popularizing law. The "Internet plus+Law Popularization" has transformed one-way publicity of the rule of law into interactive, service-oriented, and situational communication, and specialized legal terminology into easy to understand life discourse, online language, and online language. The audience's sense of participation, experience, and acquisition has continued to improve.

Fully utilize the Internet to carry out legal publicity and education. The government website and official account set up a special column on law popularization, focusing on the Constitution, the Civil Code, the National Security Law, the Cyber Security Law and other important laws and regulations, as well as the construction of ecological civilization, food and drug safety, personal information protection and other issues of concern to the people, to carry out online law publicity and comprehensively popularize legal knowledge. Make full use of China's "one network, two micro and one end" legal education, strengthen the construction of smart legal education platforms, promote the practical experience of China's legal construction, promote legal education information, guide the whole society to establish a rule of law concept that combines rights and obligations, individual freedom and social responsibility, cultivate a rule of law awareness and behavioral norms that rely on law to find law, solve problems, and resolve conflicts, and guide all people to become loyal advocates of socialist rule of law Conscious followers and steadfast defenders.

Actively utilize online media to carry out online legal education activities. Internet media leverages its advantages in content, channels, and resources, combined with the legal education needs of different groups, and creates a large number of online legal education works through various forms such as illustrations, anime, short videos, online live streaming, and online music. Through forums, blogs, microblogs, public accounts, instant messaging tools, online live streaming, search engines, Q&A communities, and other channels, it provides legal knowledge to the public and interprets laws and regulations. Online legal education has opened up the "last mile" between legal education and the masses, promoting the full integration of legal education into market operations, community life, campus learning, and rural construction. The arrival rate, popularization rate, and awareness rate of legal knowledge have been significantly improved.

Offline legal education activities are extending online. With the widespread integration of the Internet with economic and social production and life, traditional legal education activities such as offline legal lectures, grassroots legal education actions, legal consulting services, and legal cultural exhibitions are continuously expanding their influence and coverage through the Internet. More "key to key" online activities such as learning and training, micro video competitions, and internet legal and regulatory knowledge competitions, as well as face-to-face offline legal education, are integrated, complementary, and mutually beneficial, attracting more people to participate in legal publicity and education, and making online legal publicity and education benefit a wider range of social groups.

(2) Popularize network laws and regulations

Promoting and popularizing online laws and regulations is a key aspect of online legal education. The comprehensive popularization of online laws and regulations has enhanced the people's awareness of the rule of law on the internet, providing important support for cultivating a healthy, upward, and civilized online ecological environment.

The popularization of network laws and regulations is integrated into the entire process of network legislation. In the process of formulating network laws and regulations such as the Cybersecurity Law, the Data Security Law, and the Personal Information Protection Law, online and offline channels are utilized to widely listen to and fully absorb the opinions of citizens, legal persons, other organizations, and other parties through open solicitation of opinions, discussions, and argumentation. When announcing and implementing network laws and regulations, doubts and doubts are resolved through holding press conferences, answering questions from journalists, and expert interpretations, guiding the public to understand network legal knowledge and comply with network laws and regulations, and laying a solid foundation for governing the internet in accordance with the law.

Timely promote the popularization of online laws and regulations in online law enforcement and judicial activities. We will release typical cases of the rule of law on the internet, focusing on issues that concern the public, such as the dissemination of illegal and harmful information through the internet, infringement of personal information rights and interests, telecommunications fraud, and the protection of minors. We will concentrate on interpreting the law through case studies. Through the four major platforms of "China Trial Process Information Disclosure Network", "China Trial Disclosure Network", "China Judgment Document Network", and "China Execution Information Disclosure Network", online judicial cases are made public. The public understands online legal knowledge in a more vivid and intuitive way, transforming from bystanders to participants, supporters, and propagandists.

(3) Targeting key objects to carry out online legal education

The authority of law originates from the people's inner support and sincere faith. China carries out legal publicity around important legal subjects such as teenagers and internet enterprise practitioners, guiding young netizens to access the internet in a legal, civilized, and safe manner, supervising internet enterprises to operate in compliance and legality, and enhancing awareness of legal risk prevention.

Strengthen online legal publicity and education for young people. Teenagers are the future of our country and the hope of our nation. The proportion of teenage netizens among Chinese netizens is gradually increasing. As the "indigenous people" of the Internet, teenagers are the most active participants and practitioners in online learning, communication, and daily life, and their legitimate rights and interests are also more susceptible to infringement by online illegal activities. Starting from protecting the rights and interests of young people on the internet, promoting their healthy growth and comprehensive development, China follows the laws of their physical and mental development, and is close to the actual learning and life of young people. It focuses on key issues such as internet addiction, cyberbullying, and obscene and pornographic information on the internet. Through legal education micro variety shows, children's legal education dramas, online legal education story broadcasts, online legal education cloud classrooms, legal usage knowledge competitions, and vice principals of the rule of law entering schools The development of lively and colorful forms such as online legal textbooks has gradually formed a pattern of legal publicity and education that combines government, society, schools, and families, providing comprehensive guarantees for enhancing the legal awareness and cybersecurity literacy of young netizens.

Strengthen the awareness of lawful operation of internet enterprises. Internet enterprises are important market entities that promote the healthy development of the digital economy, and law-abiding and integrity are the basic behavioral norms they should abide by. China has strengthened its education and training on the rule of law for internet enterprises, incorporating laws and regulations related to business activities and industry development, particularly e-commerce law, cybersecurity law, data security law, personal information protection law, anti-monopoly law, and anti unfair competition law, into enterprise onboarding and daily training. Support internet industry organizations to provide various forms of legal publicity and education for internet enterprises and their employees, encourage internet industry organizations to urge enterprises to adhere to a value orientation that emphasizes both economic and social benefits, and guide internet enterprises to actively fulfill their legal obligations and social responsibilities, protect the legitimate rights and interests of consumers in accordance with the law, by improving industry norms, issuing industry standards, and issuing integrity initiatives, Maintain a fair and competitive market environment.

(4) Strengthening research and education on the rule of law on the internet

Online legal education and online legal talents are important support and innovative driving forces for building a strong online country. China has initially formed an educational research and talent training mechanism that combines theory with practice, adapts to system and development, and provides intellectual support and talent guarantee for the construction of the rule of law on the Internet, in response to major theoretical issues and talent needs arising from the practice of the rule of law on the Internet.

Comprehensively enhance the research capacity of online rule of law. Universities and research institutions have established a new type of think tank for the study of online rule of law, and have successively established multiple comprehensive research bases for online rule of law. As of June 2022, there are over 90 research institutions in the field of online rule of law in China. The online rule of law think tank fully plays the important role of a "think tank", "think tank", and "talent pool", conducting research on cutting-edge issues such as data, algorithms, and platform governance, and forming a large number of academic research results. Experts and scholars have been deeply involved in online rule of law activities, strengthening investigations and research around important plans, major legislation, and key reforms related to online rule of law, and proposing constructive suggestions.

Strengthen the cultivation of talents in the field of network rule of law. The Chinese system integrates traditional legal education and network related education, and on the basis of establishing a first level discipline of cyberspace security, some universities have established second level disciplines such as network and information law, digital law, and artificial intelligence law. Universities independently offer undergraduate programs related to cybersecurity and law enforcement in accordance with regulations. A work team has been established to engage in research and teaching of network law, teaching interdisciplinary and interdisciplinary courses that integrate legal knowledge with computer science and statistics, such as network and information security, law and artificial intelligence, network law, blockchain and electronic evidence, and legal data analysis. A series of cutting-edge, universal, and practical textbooks have been developed in the fields of network law, computational law, data law, and personal information protection law, Cultivating a large number of composite talents with both legal professional knowledge and technical background has provided strong support for the construction of a strong cyber country through the rule of law.

6、 Strengthening international exchanges and cooperation on the rule of law on the internet

The cyberspace is a common space for human activities. The global desire to promote the development of the digital economy is the same, the challenge of addressing cybersecurity risks is the same, and the need to strengthen cyberspace governance is the same. China actively engages in international exchanges and cooperation on the rule of law on the internet, adhering to the foundation of independence, complete equality, and mutual respect. Together with countries around the world, China participates in the transformation of the global network governance system, promotes global sharing of the opportunities and achievements of internet development, and works together to build a community with a shared future in cyberspace.

(1) Actively participate in rule building

China firmly upholds international fairness and justice, the international system with the United Nations at its core, the international order based on international law, and the basic norms of international relations based on the purposes and principles of the United Nations Charter. Support equal participation of all countries in international governance of cyberspace and establish universally accepted international rules for cyberspace.

Support the role of the United Nations as the main channel in international governance of the internet. Support the United Nations in formulating a global convention against cybercrime, jointly propose and promote the adoption of a resolution by the United Nations General Assembly, establish an intergovernmental ad hoc expert committee, and actively participate in convention negotiations. Call for the early conclusion of an authoritative and universal convention, providing a legal basis for international cooperation in addressing the challenges of cybercrime. Pay attention to the key role of the United Nations in addressing international information security threats, and jointly submit the "International Code of Conduct on Information Security" to the United Nations with other member states of the Shanghai Cooperation Organization, and submit an updated text in 2015. Propose the Global Data Security Initiative and publish the China Arab Data Security Cooperation Initiative and the "China+Central Asian Five Countries" Data Security Cooperation Initiative with the League of Arab States and the Central Asian Five Countries in March 2021 and June 2022, respectively, to provide a blueprint for discussing the development of global data security rules. Participate in promoting the United Nations to reach a framework for responsible state behavior in cyberspace, clarifying that important principles of international law such as sovereign equality, peaceful resolution of disputes, prohibition of the use of force, and non-interference in the domestic affairs of others apply to cyberspace, and clarifying the need to establish global and objective standards for information technology product supply chain security. Expand cooperation on network affairs with specialized agencies of the United Nations, participate in the development of the Ethical Recommendation on Artificial Intelligence by UNESCO, and engage in extensive cooperation with the World Intellectual Property Organization in the field of domain name rule formulation and domain name dispute resolution.

Actively participate in the formation of regional network governance rules. Signing the Regional Comprehensive Economic Partnership Agreement, along with 14 other member countries, to form regional rules around electronic authentication and signature, online consumer protection, online personal information protection, network security, cross-border data flow, intellectual property protection, and other fields. The e-commerce chapter has become the most widely covered, comprehensive, and high-level international e-commerce rules in the world. Actively promote accession to the Comprehensive and Progressive Trans Pacific Partnership Agreement and the Digital Economy Partnership Agreement, and participate in the formulation of high standard rules in the field of the digital economy.

(2) Widely engage in exchanges and cooperation

China has always supported international exchanges and cooperation in the field of online rule of law, actively engaged in dialogue, consultation, exchange and mutual learning, and continuously expanded and deepened global partnerships of equality, openness, and cooperation. With mutual progress as the driving force and win-win as the goal, we will jointly promote international governance in the field of online rule of law.

Carry out bilateral and multilateral dialogues and exchanges on the rule of law on the internet. Establish dialogue mechanisms such as the China Russia Information Security Consultation Mechanism, the China Europe Network Working Group Mechanism, the China ASEAN Network Affairs Dialogue Mechanism, and the China Japan South Korea Tripartite Network Consultation Mechanism, and jointly organize activities such as the 2019 China Germany Internet Economic Dialogue, the China UK Internet Roundtable Conference, the China South Korea Internet Roundtable Conference, the China Cuba (Pakistan) Internet Roundtable Forum, and the China Pakistan (West) Internet Governance Seminar, Carry out practical exchanges with relevant countries in terms of network policies, regulations, and governance practices, respond to concerns from all parties in a timely manner, and resolve differences through equal consultation. Signed memorandums of cooperation on cybersecurity with Thailand, Indonesia, and other countries to strengthen the exchange and sharing of cybersecurity policies and regulations, and jointly promote the construction of cybersecurity capabilities.

Strengthen international law enforcement and judicial cooperation in cybersecurity. China has reached a consensus on cooperation in the field of cybersecurity with multiple countries, and has carried out in-depth practical cooperation in combating cyber terrorism, telecommunications fraud, and other areas. In the fight against cyber terrorism, we continuously deepen exchanges and cooperation with relevant countries through various forms such as joint anti-terrorism exercises, joint border operations, police cooperation, and judicial assistance, work together to address threats and challenges, and jointly maintain world peace and regional stability. In the fight against telecommunications network fraud, international law enforcement and judicial cooperation have been carried out, and significant results have been achieved in jointly investigating major cross-border cases with multiple countries. From March to June 2022, under the framework of Interpol, we will participate in the "Dawn Operation" together with 75 other member countries, arrest more than 2000 suspect, intercept more than 50 million dollars of illegal funds, and effectively curb transnational telecommunications network fraud.

Join hands to protect the online rights and interests of minors. Actively cooperate with international organizations such as the United Nations Children's Fund, the International Federation of Internet Reporting Hotlines, and relevant departments in countries such as the United Kingdom, Germany, and the United Arab Emirates to address the issue of online underage pornography. Join the "WePROTECT Global Alliance to End Online Child Sexual exploitation" and work with over 200 governments, businesses, and civil society organizations worldwide to combat online sexual exploitation and abuse of children, creating a safer online environment for children.

(3) Strive to build a dialogue platform

China has demonstrated its responsibility as a major country, actively building an international platform for interconnectivity with the world and a Chinese platform for co construction and sharing of the international internet, playing a positive role in maintaining close contacts, enhancing understanding, and promoting mutual trust among countries around the world in the field of online rule of law.

Build a network rule of law exchange platform through the World Internet Conference. Since 2014, China has hosted the World Internet Conference for nine consecutive years, inviting representatives from governments, international organizations, internet companies, think tanks, industry associations, technology communities, and other sectors to participate. The organizing committee of the conference has released the concept document "Jointly Building a Community with a Shared Future in Cyberspace", proposing that "respecting cyber sovereignty, the principle of sovereign equality established in the United Nations Charter is the basic principle of contemporary international relations, which also applies to cyberspace.". The Action Plan for Jointly Building a Community with a Shared Future in Cyberspace has been released, proposing international exchange and cooperation on data security, personal information protection, and related rules and standards, and promoting international mutual recognition of personal information protection rules and standards in accordance with the purposes of the United Nations Charter. Carry out legislative experience exchange on the protection of minors, combat cybercrime and cyberbullying targeting minors, and further improve the mechanism construction for combating cybercrime and cyberterrorism. Support and actively participate in the negotiation of the United Nations International Convention against Cybercrime, effectively coordinate national legislation and practice, and work together to address the threats of cybercrime and cyber terrorism.

Build a multi form, multi-channel, and multi-level network platform for international exchanges on the rule of law. Through multilateral platforms such as the BRICS Cooperation Mechanism, the Shanghai Cooperation Organization, the Asia Africa Legal Consultative Organization, and the ASEAN Regional Forum, we will exchange in-depth views, experiences, and practices on the construction of the rule of law on the Internet, including legislation, law enforcement, judiciary, and legal education. Holding the World Internet Rule of Law Forum and issuing the Wuzhen Declaration of the World Internet Rule of Law Forum, to build a bridge for sharing experiences, enhancing understanding, and learning from each other in the field of online justice. Support internet industry organizations to establish international exchange platforms such as the China Internet Governance Forum, conduct exchanges and discussions on topics such as digital inclusion and data governance, promote consensus among Chinese and foreign internet communities, and jointly solve the problems faced by the development of the internet industry. Encourage experts and scholars to engage in academic exchanges and share research results with international peers through various platforms such as academic forums and seminars, focusing on cutting-edge issues related to the digital economy, data security, and artificial intelligence governance in the field of network rule of law.

Conclusion

In the practice of internet development and governance in China, based on its own national conditions and drawing on world experience, it has formed a distinctive path of governing the internet according to law with Chinese characteristics. On the new journey of comprehensively building a socialist modernized country, China will always adhere to the concept of comprehensively governing the country and the internet in accordance with the law, promote the orderly and healthy operation of the Internet in accordance with the law, safeguard the high-quality development of digital China with the power of the rule of law, and provide solid legal guarantees for the construction of a strong cyber country.

The development dividend of the Internet benefits the world, promotes the development and prosperity of cyberspace in accordance with the law, and is in line with the interests of people around the world. The rule of law on the internet is not only an important way of digital governance, but also an important achievement in the construction of digital civilization. Faced with the opportunities and challenges brought by digitalization, China is willing to practice the global governance concept of consultation, construction, and sharing with the international community, jointly promote the process of global internet governance rule of law, and make the achievements of digital civilization better benefit people of all countries. Together, we will build a shared destiny in cyberspace and create a better future for humanity.