网络社会治理法治化的现实困境及化解路径

The Realistic Dilemma and Solution of the Rule of Law in the Network Society

摘要: 在互联网快速发展和全面推进依法治国的环境背景下，网络社会治理法治化成为了贯彻落实依法治国和维护网络社会健康发展的内在要求。虽然我国在推动网络社会治理法治化方面取得了显著的成效，但由于网络活动的高度自由和网络监管的技术难度，我国也面临着网络社会治理法律规范滞后模糊、网络服务提供者自我监管缺位、网络社会参与者法治意识淡薄、网络社会治理复合型人才短缺等现实困境。鉴于此，我国可以从完善更新网络社会治理的法治规则、细化网络服务提供者的行为规范、增强网络社会参与者的法治意识、着力培养网络社会治理的复合型人才等路径来化解困难，助力网络社会治理法治化的发展。

Abstract: In the context of the rapid development of the Internet and the comprehensive promotion of the rule of law, the rule of law in the governance of the network society has become an internal requirement for implementing the rule of law and maintaining the healthy development of the net-work society. Although China has made remarkable achievements in promoting the legalization of network social governance, due to the high freedom of network activities and the technical difficulty of network supervision, China is also faced with practical dilemmas such as the lag and ambiguity of the legal norms of network social governance, the absence of self-regulation of network service providers, the weak legal awareness of network social participants, and the shortage of complex talents in network social governance. In view of this, China can solve the difficulties by improving and up-dating the rule of law of network social governance, refining the code of conduct of network service providers, enhancing the awareness of the rule of law of network social participants, and focusing on training the compound talents of network social governance, and help the development of the rule of law of network social governance.