论微媒体治理法治化

Research on Legalization of Micro Media Governance

信息技术的发展已将我们置身于微媒体时代,微媒体突破了信息的单向流动,信息传递范围更为广泛,且具有信息发布门槛低、时效性强等特征。微媒体在给工作、生活、学习等带来诸多便利的同时,也在一定程度上成为造谣、诽谤、侵权等的滋生温床,有必要对其进行治理法治化研究。梳理获得适用微媒体治理的主要法律规制,总结传统法律的调整与规范,从立法、起诉及证据等环节总结与分析现有法律规制存在的困境。微媒体治理法治化是一项系统工程,在明确治理对象的基础上提出推进微媒体治理法治化的路径:科学立法是前提,严格执法是关键,全民守法是基础,以及提高法律规制的协调性、准确界定运营商的法律责任是必要对策。

The development of information technology has placed us in the era of micro media, and micro media has broken through the one-way flow of information, and the scope of its information transmission is more extensive, and it has significant feature of ＂grass roots＂. The micro media brings a lot of convenience to work, life, study and so on, and at the same time,it also becomes a breeding ground for rumor, slander, infringement and so on. So it is necessary to study the rule by laws. The paper sorts out the main legal reg- ulations applicable to micro media governance, and summarizes the adjustment and regulation of the traditional law, then summarizes and analyzes difficulties in the existing laws and regulations from the aspects of legislation, prosecution and evidence. Legalization of micro media governance is a systematic project, based on understanding the governing objectives, the paper puts forward the approaches towards promoting the legalization of micro media governance： scientific legislation is the premise, strict enforcement of laws is the key, abiding by the law by the whole people is the foundation, and improving the coordination of legal regulations and accurately defining the legal liability of operators are the necessary countermeasures.