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Abstract: With its advantages of openness, transparency and quickness, the network has become an all-weather weapon and an important anti-corruption force. While enriching the anti-corruption means, the network also brings many challenges and risks. In recent years, network supervision has developed vigorously, and in the process of anti-corruption, there have been illegal problems such as infringement of personal privacy, malicious slander and network violence, which have seriously restricted the good play of network anti-corruption effectiveness. Therefore, we must build an institutional environment for network anti-corruption, standardize and improve network anti-corruption through legal means, and give full play to the scientificity, pertinence and effectiveness of network anti-corruption.
I. Overview of Network Anti-corruption
The so-called network anti-corruption is a way to effectively prevent, contain and punish corruption by monitoring the ruling behavior and restraining the power through network technology and its public opinion effect, and it is a new way to fight corruption. Network anti-corruption essentially integrates three aspects, namely, network, public opinion and ruling ability. The network not only absorbs public opinion and effectively integrates people's wisdom and public opinion, but also provides a brand-new platform and a brand-new way of dialogue for rulers and managers, which can grasp people's psychology and social public opinion more clearly, rationally and comprehensively, thus continuously improving the ruling ability.
Relying on the distinctive characteristics of the network, network anti-corruption has accelerated the process of punishing corruption in China to a certain extent. Network anti-corruption has formed a deterrent to corrupt elements, strengthened the authority of law and discipline supervision, and opened up a new channel for China's anti-corruption struggle; In addition, online public opinion is an effective remedy for the anti-corruption of specialized agencies and the absence of supervision by mainstream media. Together with online supervision, it constitutes a benign social "pressure reducing valve" and "stabilizer" to alleviate social contradictions in today's society.
Second, the network of anti-corruption problems
However, network anti-corruption is a double-edged sword. Although the network anti-corruption has achieved remarkable results and made unique contributions to China's anti-corruption struggle, as a new anti-corruption situation, the network anti-corruption in China is still in its infancy, and there are still some problems and deficiencies that need to be continuously improved and perfected in practice.
Freedom of information release and lack of sense of responsibility coexist, and it is difficult to distinguish between true and false network information.
As a virtual public space, the Internet allows the public to hide their true identity and freely publish information and express their opinions without real-name login. Due to the uneven quality of netizens, they lack a sense of responsibility. The information is complicated, the good and the bad are mixed, and it is difficult to distinguish between true and false, and even there are problems that infringe on personal privacy, publicly publish rumors, vent dissatisfaction, deliberately falsely accuse and frame up, and reveal secrets, which affect the investigation and handling of cases, and weaken the actual effect of network anti-corruption to some extent.
Second, the tendency of cyber violence is difficult to control, and the spirit of weeding will reduce the anti-corruption benefits.
At present, most people's awareness of network legal system is not strong, and the management department can't effectively monitor all kinds of information publishers from time to time. Whether intentionally or unintentionally, once the online anti-corruption public opinion is incited, it will form a huge force. This force is not only aimed at the parties, but also great to the government and society.
Stress. If this trend continues to expand, from virtual network to real life, it will be directly manifested as riots and affect social stability. In addition, netizens openly disclose anti-corruption information and clues with great fanfare, which is easy to expose "B" information prematurely, so that informants can be prepared as early as possible, and take measures such as destroying evidence, colluding in advance, and transferring property to deal with investigations by discipline inspection departments and judicial organs, which brings difficulties to case investigation, makes informants fall into a passive position of being investigated for libel, and fails to achieve the original intention of network supervision.
Third, network anti-corruption has not been institutionalized.
At present, network anti-corruption is accidental and one-sided. Many anti-corruption cases on the Internet only attracted the attention of relevant departments after the huge public opinion hype formed by netizens. At first, the focus of netizens' attention was entertainment, not based on reliable facts or evidence to punish corrupt officials. In addition, the response speed of relevant government departments to online public opinion is obviously lagging behind, which may lead to corrupt officials being punished according to law as just a drop in the ocean. Therefore, it is necessary to institutionalize and normalize network anti-corruption, form a long-term mechanism and give full play to its functions.
Third, the system of network anti-corruption is perfect.
At the Second Plenary Session of the 18th Central Commission for Discipline Inspection, the General Secretary pointed out that it is necessary to continue to comprehensively strengthen the construction of a system for punishing and preventing corruption, strengthen the restriction and supervision over the operation of power, put power in the cage of the system, and form a disciplinary mechanism that does not dare to rot, a preventive mechanism that does not rot, and a safeguard mechanism that does not rot. As the extension and expansion of public opinion supervision, network anti-corruption can not be separated from the entity system as the backing. The institutionalization of network anti-corruption needs to start from the following aspects:
First, improve the relevant laws and regulations of network anti-corruption, so that network anti-corruption will move towards the road of legalization. Throughout China's national legislation and rules and regulations in the field of network anti-corruption, such as the protection of network whistleblowers, the methods of government information disclosure, and network anti-corruption are not involved. China's legislature should promptly formulate and implement a series of laws and regulations related to cyber anti-corruption, such as cyber anti-corruption law and tort liability law, strengthen the legal construction of cyber anti-corruption, and clarify the legal responsibilities of all parties involved in cyber anti-corruption, so that cyber anti-corruption can achieve more substantial results.
Second, improve the network reporting system and promote the standardization of network anti-corruption. Due to the lack of a sound system and clear regulations, network supervision has also caused some problems, such as "human flesh search" invading personal privacy, and the anti-corruption of non-governmental networks is outside the official anti-corruption series. It is urgent to improve the network supervision and reporting system. First, strengthen the legalization of network supervision and improve the legalization level of network anti-corruption; The second is to establish a network supervision and incentive system to identify and reward individuals or organizations that actively use the network to carry out power supervision, participate in network anti-corruption and make positive contributions; Third, it is necessary to establish a network supervision and reporting cooperation system, promote the effective docking and cooperation between "official anti-corruption" and "civil anti-corruption", and establish an anti-corruption information communication mechanism between the government and the people. The fourth is to establish a supervision system for network supervision and reporting, and severely punish and sanction malicious acts of creating false information, spreading rumors, slandering and framing others, and suppressing, cracking down on and retaliating against network supervision and reporting.
Third, build an institutionalized and normalized network anti-corruption platform. At present, there are non-governmental anti-corruption websites and official anti-corruption websites in China. Although non-governmental anti-corruption websites have developed rapidly, they lack legal protection. Although there are relevant laws, the official anti-corruption website is inefficient. In view of this, we should pay attention to two kinds.
Rationally integrate network resources, clarify their respective rights and obligations through legislation, and standardize the operation order of the network anti-corruption platform; We should also strengthen their cooperation, improve the quality of online anti-corruption information, strengthen the standardization and institutionalization of online anti-corruption, and realize their complementary advantages.
Fourth, improve the public opinion monitoring and guidance system, and improve the ideological and moral quality of netizens. First, it is necessary to improve the network public opinion monitoring system, set up a special network public opinion supervision department, actively discover and extract valuable anti-corruption information, do a good job in investigating and handling corruption cases that the masses care about, and effectively resolve the occurrence of bad public opinion events; Second, it is necessary to improve the network public opinion guidance system, widely publicize relevant laws and regulations, urge the public to establish network moral awareness and enhance the concept of legal system, guide the public to objectively reflect problems through the network, treat problems calmly, comprehensively analyze problems, and guide the public to make online comments legally and rationally, so as to make network supervision more rational and standardized; Third, improve the moral education system for netizens, and carry out ideological and moral education for netizens in various forms, so that the general public can improve their self-discipline awareness, abide by moral norms, consciously resist negative phenomena such as online rumors, online hype and online violence, respect facts, publish information and comments objectively and fairly, and create a good online cultural environment.
Fifth, improve the information disclosure and information disclosure mechanism. With the continuous popularization of the Internet, the government should actively use modern science and technology to expand the platform for communication with the public and keep abreast of people's feelings and public opinions. At the same time, government departments and their staff should take the initiative to accept the supervision of the people; Pay full attention to the opinions of netizens, control the spread of false information, give timely and detailed public feedback on the investigation progress of online anti-corruption incidents, show the government's attitude and handling methods, eliminate people's unwarranted suspicion and improve the effect of online anti-corruption.
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