□ Experts’ Talk on "Network Rule of Law Construction in China in the New Era"

　　Zhao Jingwu, Special Commentator of Rule of Law Network

　　After stepping into the network society, cyberspace governance has become a "microcosm" of the modernization of the national governance system and governance capacity. Looking around the world, governments all over the world have made arrangements in cyberspace. China has also firmly grasped cyberspace as an important strategic resource and the support of social development. In the past few years, it has not only achieved the "from scratch" in the construction of network rule of law, but also completed the "from scratch" in the fields of network legislation, network law enforcement, network justice and network law popularization.

　　As early as 2015, the General Secretary of the Supreme Leader emphasized at the opening ceremony in world internet conference that it is necessary to "adhere to the rule of law, run the Internet according to law, and surf the Internet according to law, so that the Internet can operate healthily on the track of the rule of law". In practice, China is also continuing to implement the spirit of the important speech of the Supreme Leader General Secretary, laying a solid foundation for the rule of law in cyberspace and standardizing the market order in cyberspace, and has achieved remarkable results.

　　On March 16th, the white paper "China’s Network Rule of Law Construction in the New Era" issued by the State Council Press Office systematically summarized the achievements of China’s cyberspace governance activities from a macro perspective, highlighting the China wisdom of cyberspace governance.

　　First, the network rule of law sets the order

　　On the legislative level, faced with the emerging social governance problems in the digital age, China actively explored the road of rule of law suitable for itself.

　　Protection of rights is the foundation.The goal of cyberspace governance is to maximize people’s well-being, and the primary task of China’s cyberspace legislation is to protect citizens’ legitimate rights and interests. A series of laws and regulations, such as Civil Code, Criminal Law and Personal Information Protection Law, specifically define the new digital rights enjoyed by Chinese citizens in the digital age. More importantly, these rights are not limited to concepts, but are fully guaranteed by the corresponding obligation system and responsibility identification mechanism. Both citizens’ digital personality rights, citizens’ digital property and network virtual property are protected by laws and regulations. In addition, China always regards the principle of equality as the core of its rights system, and at the same time provides institutional guarantee for eliminating the digital divide for special groups such as minors, the elderly and the disabled.

　　The digital economy is the focus.Various emerging formats such as platform economy, sharing economy and short video economy have emerged one after another. While activating the vitality of market competition, new unfair competition behaviors have also emerged simultaneously, which are not covered by traditional anti-monopoly law and anti-unfair competition law. In order to ensure the sustainable and healthy development of the digital economy, China has successively promulgated laws and regulations such as the E-commerce Law and the Measures for the Supervision and Administration of Online Transactions, and revised the anti-monopoly law and the anti-unfair competition law to better adjust the market competition relationship under the digital economy model.

　　Network security is the bottom line.The innovation and development of digital economy can not be separated from network security. The legal system of network security constructed by China is based on the overall national security concept, from the network security law, data security law to the Regulations on the Security Protection of Key Information Infrastructure and the Measures for the Review of Network Security, all of which reflect that China’s "network security" covers network information system security, network data security, network information content ecological security, network criminal security, network intellectual property security, network transaction security and other components, and has been constructed.

　　Second, online justice guarantees justice

　　The realization of fairness and justice can not only stay in written documents, but also let the people really feel the fairness and transparency of the rule of law in cyberspace. China timely adjusted the existing judicial system, combined with the new features and new demands of online disputes, and cooperated to innovate online and offline judicial procedures, so that people can truly feel fairness and justice in judicial services.

　　Simultaneously update judicial rules and continuously refine judicial procedures.The unique network disputes in the digital age, such as network transaction disputes, telecommunication network fraud, network copyright disputes and personal information rights infringement disputes, have challenged the trial ability of China courts. In order to effectively protect all kinds of new digital rights, based on the basic demands of the parties, China has refined the rules of electronic data evidence, online mediation and online litigation of people’s courts, and gradually established efficient online judicial rules that are compatible with online disputes. At the same time, through the unification of the rules of adjudication and the criteria for determining the boundary of behavior, it will provide a more transparent and safe judicial environment for the development of China’s digital economy.

　　Innovatively explore the trial mechanism and deepen the promotion of technical empowerment.In line with the development trend of the digital age, China has successively established Internet courts in Hangzhou, Beijing and Guangzhou to explore the application scenarios of digital information technology in the judicial field and form a new Internet trial mechanism with regional characteristics. Blockchain and artificial intelligence not only cause problems in cyberspace governance, but also provide new trial tools for judicial organs. Innovative concepts such as case push, smart court and smart justice have been put forward and landed one after another, which have improved the efficiency of judicial trial in China, and also demonstrated the possibility and superiority of technology empowerment, forming an Internet judicial model unique to China.

　　Strictly implement law enforcement standards and vigorously punish cyber crimes.In the network society, the abuse of information technology often induces a series of social problems and alienates traditional criminal acts. In order to curb the damage of telecommunication network fraud to social order and protect the legitimate rights and interests of special groups, China resolutely cracked down on all kinds of network crimes. In the law enforcement activities such as "Clean Net Action" and "Clear and Clear Special Action" that have been carried out for many years, China has cut off the network black and gray industrial chain with new governance tools such as anti-fraud big data and anti-fraud App, which has greatly enhanced people’s sense of security.

　　Third, the awareness of network law popularization and assistance

　　The maintenance of the legal order in cyberspace requires not only strict law enforcement by law enforcement agencies, but also the establishment of law-abiding awareness by all sectors of society, rational use of cyberspace, and taking "the internet is not an illegal place" as the guiding ideology of online behavior. To achieve this goal, it is necessary to innovate the legal popularization mode, optimize the legal popularization content and improve the legal popularization methods.

　　The mode of popularizing law is diversified.China has innovated the traditional legal popularization mode with Internet thinking. In addition to the traditional legal popularization modes such as sending the law offline to the countryside and sending the law to the campus, it has made full use of the basic advantages of the Internet in the field of information dissemination, and carried out more extensive and in-depth legal popularization activities based on government websites, WeChat official account and short video platform accounts. Network information services such as forums, Weibo, social media accounts, and webcasts have amplified the actual effect of online legal popularization. The diversified, interesting and portable online legal popularization mode has made the relationship between the rule of law in cyberspace and the people closer, and the people are no longer passively accepting legal popularization knowledge, but participating in online legal popularization activities with a more active attitude.

　　Hierarchical content of law popularization.The effect of popularizing the law is closely related to the content of popularizing the law. In order to provide the legal knowledge urgently needed by the people and flexibly combine online judicial activities, China announced typical and representative judicial cases to the public based on judicial platforms such as China Judgment Document Network and China Trial Process Information Open Network. Let the people have a more intuitive and profound understanding of cyberspace laws and regulations through the way of case statement and case interpretation. In addition, the establishment of the rule of law in cyberspace is also based on legal popularization activities, which opens the door to public opinion, absorbs public legislative suggestions, clarifies legislative content, and builds the mass foundation of the rule of law in cyberspace.

　　The method of popularizing law is a think tank.In the digital age, in view of the endless new network governance problems, it is also necessary for network legal talents to participate in network legal activities to enhance the social effect of network legal popularization. In the past few years, major universities and research institutions in China have created and explored high-end think tanks of online rule of law, and the training direction of online rule of law talents has also changed from a single subject background to a compound research direction, which has provided strong intellectual support for the construction of online rule of law in China. In addition, in order to better meet the needs of governance practice, China has re-integrated the education model of law and other disciplines, innovatively developed two disciplines such as digital law and artificial intelligence law, and achieved the basic goal of talent training to meet the needs of the country.

　　(The author is an associate professor at Beihang University Law School and deputy director of the research base of Beijing Science and Technology Innovation Center)

　　BEIJING, June 10 (Xinhua) According to the website of the Macao SAR Government, Macao Customs recently seized cases of smuggled fruits, a large amount of cash and smart phones at the Macao Port of the Hong Kong-Zhuhai-Macao Bridge and Taipa Passenger Terminal respectively, and four people involved were prosecuted by Macao Customs according to law.

　　On June 3rd and 8th, respectively, the customs officers of Macao Port of Hong Kong-Zhuhai-Macao Bridge seized two cases of fruit smuggled into China by vehicles through the "risk management system" and manual sampling. Two Macao vehicles from Hong Kong were seized by customs officers, including litchi, cherry, raisin, honeydew melon and loquat, with a total weight of over 160 kg.

　　The drivers involved in both cases are Macao residents, claiming that the fruits were purchased from Hong Kong for retail and personal use. Macao Customs has handed over the relevant cases and the fruits seized without quarantine to the Urban Services Department for handling. The Customs reminded that bringing fruits into Macao must comply with the regulations on personal consumption to avoid prosecution.

　　In addition, on June 7th and 8th, Macau Customs intercepted two passengers who chose the green channel (no need to declare the channel) at the entry inspection area of Taipa Passenger Terminal, and seized a large amount of cash and a large number of old smartphones respectively.

　　On June 7, customs officers found a large amount of cash in the backpacks carried by passengers, and the total amount was verified to be HK$ 3.5 million after counting. The next day, when the customs officers inspected a suspicious-looking inbound passenger, they found 80 old smartphones at his waist and in his backpack, all of which were of the same brand and claimed to be worth about HK$ 70,000.

　　None of the people involved made a voluntary declaration to the customs and failed to produce valid declaration documents. The customs has prosecuted two passengers involved in the case according to law. The person involved in carrying cash illegally claims that the cash is used for entertainment, and he is suspected of violating the relevant provisions of Macao Law No.6/2017 "Regulation on Carrying Cash and Bearer Negotiable Bills into and out of China". Once fined, he will be fined MOP 1000 yuan to RMB500,000 according to the amount exceeding the specified amount.

　　The person involved in smuggling mobile phones into China is a decoration worker, claiming that the phones were purchased from Hong Kong and brought to Australia for sale. The Macao Customs has prosecuted him according to the relevant provisions of the Foreign Trade Law. Upon conviction, offenders can be fined MOP 1000 yuan to RMB50,000, and the seized mobile phones will also be owned by the Macao Special Administrative Region.

　　In view of the fact that the Macao Customs intercepted several cases of hiding old smart phones by body at the Macao Port of the Hong Kong-Zhuhai-Macao Bridge earlier, it is believed that the above-mentioned case of smuggling mobile phones at Taipa Ferry Terminal was an attempt by criminals to change their routes to avoid customs inspection.

　　Macao Customs reiterated that it will continue to strengthen the crackdown at various ports, and maintain close contact and information exchange with customs in neighboring regions to crack down on all kinds of illegal activities.

On June 10th, a large number of LGBT (lesbian, gay, bisexual and transgender) groups and their supporters held a grand rally in Tel Aviv, Israel’s most prosperous city. They marched along the main streets of Tel Aviv waving rainbow flags symbolizing minority groups. The "Pride Parade" held in Tel Aviv every summer is one of the most well-known events in Israel. Its scale is famous in the world, and sexual minorities from all over the world come to participate every year. Tel Aviv is one of the most friendly cities to LGBT people in the world. Every year, when the pride parade is held, almost the whole city of Tel Aviv enters carnival activities, and the streets and alleys are filled with rainbow flags.

However, in the holy city of Jerusalem, which is only an hour’s drive from Tel Aviv, its world-famous theme is always religious conflict and conservatism. Jerusalem has the largest orthodox Jewish community in the world, and the voices of sexual minorities are rarely heard. But what most people don’t know is that the "pride parade" has also been going on in Jerusalem for twenty years.

Different from the tolerance and revelry of freedom and openness of sexual orientation shown in Tel Aviv’s parade, the pride parade in Jerusalem is always carried out in protest and shouting. The author participated in the "Pride Parade" in Jerusalem this year, and deeply felt that the theme of this parade was not simply to support LGBT groups, but a struggle between a few Jewish secularists living in Jerusalem, the city known as "Israel’s eternal capital", and left-wing groups.

国旗游行 VS “骄傲游行”

就在特拉维夫“骄傲大游行”举行的十天前，6月2日星期四下午，众多以色列性少数群体，及持性开放态度的自由主义者在西耶路撒冷的自由钟公园（Gan HaPa’amon）集结，他们同样盛装打扮，同样挥舞着各式各样的彩虹旗与标语向耶路撒冷市中心最繁华的乔治王大街与独立公园（Gan HaAtsmaut）进发。

6月2日，耶路撒冷性少数群体的游行队伍。 本文图片均为 作者供图

对特拉维夫这样一座标榜国际化、自由化与世俗主义的现代都市来说，当彩虹旗挂满大街小巷时，标志着特拉维夫进入了狂欢节。同样的符号在耶路撒冷却完全不适用。但耶路撒冷也不甘寂寞，耶路撒冷的狂欢节便是以色列国旗飘扬在耶路撒冷全城之日。每年5月份左右，在耶路撒冷会举行盛大的国旗游行，以纪念1967年第三次中东战争以后以色列从阿拉伯人手中兼并东路撒冷，东西耶路撒冷重新合并为一个城市。理所当然，国旗游行的主题便是宣示以色列对耶路撒冷的主权，以及耶路撒冷是以色列“神圣而不可分割”的首都。

On the day of the national flag parade, the annual mandatory event is that a large number of young Israelis wave the national flag of Israel’s blue and white satellite and flood into Damascus Gate, the Palestinian-inhabited area of Jerusalem, and cross the Muslim area of the old city to reach the Western Wall, the holy place of Judaism. The whole process vented contempt and hatred for the Palestinians. On May 29th this year, a grand flag parade was just held in Jerusalem.

It seems that there are some feelings of singing against the national flag parade. Just five days later, on June 2, the "Pride Parade" followed in Jerusalem. However, unlike the flamboyant style and joyful atmosphere of the national flag parade, the "Pride Parade" appeared tense and angry in the holy city. In order to ensure the safety of the "Pride Parade", the Israeli police blocked all intersections along the parade, and they were guarded by police at intervals. A friend who took part in the parade told me, "I feel that there are more policemen in Jerusalem than people who took part in the parade."

Such a large-scale police protection is due to the fact that in the "pride parade" in Jerusalem in previous years, ultra-orthodox Jews often attacked the "pride" who participated in the parade. They thought that support for homosexuality was not allowed in religion, and these "unclean" people marched in the holy city completely blasphemed God and defiled the holy city. Even the "proud people" who participated in the parade were killed by Jewish orthodox extremists who opposed the parade.

Police on the streets of Jerusalem

Therefore, very different from Tel Aviv, the "Pride Parade" in Jerusalem not only has strict security measures, but also the participants’ emotions are mainly anger, and the slogan also highlights the "equal rights" for sexual minorities.

The slogan most frequently shouted in this parade is "Achad Shtaim Achad Shtaim Ga ‘avah Beyerushalaiim". The implication of this slogan is self-evident, that is, in ordinary times, sexual minorities are not proud in Jerusalem, but live in verbal abuse and personal attacks by various religious groups. Many slogans related to religious issues were also displayed in the procession, such as "Experience the Magic of Creation" and "Chaviv Adam SheNivrah BeTselem". There were also marchers who changed the small round hat (Kippa) worn by Jewish men, one of the symbols of Judaism, into a rainbow color. Obviously, this kind of parade is a protest and demonstration against the religious conservative groups that dominate in Jerusalem. The purpose of the marchers is not only equal rights for sexual minorities, but also the pursuit and maintenance of the secular lifestyle.

A rainbow-colored round hat (Kippa)

It’s not just about the LGBT community

What is even more shocking to the author is that this demonstration shows not only the resistance of secularism and religionism, but also the sympathy for the Palestinians. There are also people in the parade shouting "Enough military occupation!" (Daii LeKibush), "It is illegal to expand settlements!" (Ma’achaz Lo Chuqi) and other slogans of the Israeli left-wing camp. These slogans reflect the affirmative movement pursued by this March, not only for Israel’s sexual minorities, but also for the wider oppressed Palestinians.

These slogans also give us a deeper understanding of this pride parade: that is, different attitudes towards LGBT groups are a microcosm of Israel’s complicated and divided internal politics.

The pride parade in Tel Aviv and Tel Aviv people’s support for the parade not only represent Tel Aviv’s opening and internationalization, but also represent the opposition of secularist groups and left-wing political groups symbolized by Tel Aviv to religious groups and right-wing political groups represented by Jerusalem. Israeli society can also maintain its own pluralism and democracy in such polarization and opposition. In order to vividly describe the extreme division and diversification of Israeli society, some scholars have put forward the concepts of "internationalized Tel Aviv" and "jihadist Jerusalem".

This year’s pride parade in Jerusalem can show the momentum of tit-for-tat with the flag parade, and it is also related to the great changes in Israeli politics.

In June last year, the new Israeli government was established, which ousted former Prime Minister Benjamin Netanyahu and his conservative right-wing political and religious ruling Coalition, and formed an "all-political spectrum ruling Coalition" that transcended the ideological dispute between the left and the right. Holovitz, the current Israeli Health Minister, fully demonstrated the political significance of this "Pride Parade". Because Holovitz himself is a homosexual and the leader of the left-wing Jewish party Meretz.

Holovitz’s political party is one of the important members of the current government and controls the Israeli Ministry of Health. At the moment when the epidemic is raging, the first important thing that Holovitz did after he became the Minister of Health was not to target Covid-19, but to approve the inclusion of blood donation of healthy homosexuals in the blood bank. This policy fully shows that one of the aims of Meretz Party is to strive for equal rights for LGBT groups and eliminate discrimination against sexual minorities in Israeli society. What’s more, another aim of the party is to pursue the coexistence of Arabs and Jews and peace between Israel and Palestine.

The sympathy of the "proud people" for the Palestinians has indeed won many Palestinians’ recognition of Israel. Because in Palestinian society, like orthodox Judaism, Islam’s attitude towards sexual minorities is extremely conservative and strict. Therefore, some Palestinian sexual minorities choose to embrace Israel in pursuit of personal freedom and normal life. I once interviewed a Palestinian student studying in Hebrew University. He came from a traditional Muslim family in East Jerusalem. His grandfather was a Palestinian refugee in exile in the Gulf countries, and he was able to return to Jerusalem with his family in the 1990s. However, he abandoned these "proud" identities of many Palestinians and chose to apply for Israeli citizenship. The reason he told is simple: "Because I am a homosexual, I am very sad to live the life I want in the Palestinian community. I prefer the Israeli society because it is more friendly to homosexuals."

It sounds like he can be a "real pride" in Israel. Therefore, it may not be difficult for us to understand the increasing number of Palestinians applying for Israeli citizenship every year released by some Israeli institutions in recent years. These people may not all be LGBT groups, but they are more likely to be individualists who pursue secular life. They may think that in another more diversified and open society, they can have more opportunities to pursue the secular lifestyle they want.

(Liu Bingchen, Ph.D. student, Department of Political Science, Hebrew University, Israel)