论依法治网与以德治网的辩证关系

On the Complementary Relation Between Internet Control by Law and That by Ethics

网络引发了人们之间各种新型的利益冲突与矛盾,协调并解决这些冲突与矛盾是网络伦理与网络法律共同的社会功能,网络伦理学与网络法学的研究对象是基本相同的,也具有相同的理论基础与历史渊源,从这4个方面论述了依法治网与以德治网"联合"的一面。以德治网可以弥补依法治网之不足,"网络文明工程"建设正方兴未艾;依法治网也可以弥补以德治网之不足,依法治网已初见成效。从理论与实践两个方面论述了依法治网与以德治网"分立"的一面。最后得出依法治网与以德治网是一种既联合又分立的对立统一的辩证关系的结论。

Internet has caused various unprecedented conflicts of interests and other contradictions, which are to be coordinated and settled on a basis of social function that is common to legal means and ethic for Internet control. It implies that not only the object of study but also the theoretical basis and historical origins of both the law and ethics for Internet control are about the same. A discussion is made on them that there is a relatively independent but complementary relation between Internet control by law and that by ethics, ie., they are in dialectic unity. Now a public activity named 'Civilization Project on Internet' is springing up, which will enable the law and ethics to make up with each other for their deficiencies in Internet control processit has been proving theoretically and practically.