论联合国框架下网络犯罪国际治理的中国立场

On the Chinese Program for International Governance of Cybercrime within the Framework of the United Nations

网络犯罪治理如今已是国际社会的重要议题,尤其在国际法的规范语境下讨论这一议题愈发显现其价值。中国在网络犯罪国际治理中有着自己的治理立场,即主权、共治、普惠三项原则,上述原则正是应对当前网络犯罪治理价值困境、体系困境、参与困境的中国方案。为实现全球网络犯罪的规范治理,我国提出应以联合国为网络犯罪治理主平台,在分析好网络犯罪治理格局中各国角色定位的前提下,由内及外提升中国治理立场的认可度。更进一步,在联合国体系下的话语运筹中,我国的治理立场必须在网络犯罪治理的管辖体系主权平衡、双多边体系共治、多领域协同普惠方面实现协调。

Cybercrime governance has become a hot topic in the international community now, and the topic is increasingly showing its value especially in the context of international law. China has its own governance logic in international governance of cybercrime, and to sum up, its logical foundation is the basic stand with sovereignty, co-governance and inclusive principle as the core. However, there exist value gap, camp gap and participation gap between the current governance situation and China’s governance ideas. Therefore, China has put forward the idea of taking the United Nations as the main stage of cybercrime governance, for its excellent quality in terms of path dependence, governance experience or compatibility with Chinese governance logic. China should take the United Nations as the axis, formulate propaganda strategy of our country’s governance logic, and enhance the discourse recognition degree of our governance logic from inside to outside. Furthermore, in the specific discourse management under the UN system, our governance logic must be coordinated in three aspects of jurisdiction sovereignty, dual and multilateral system, and multi fields crossing.