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虚拟社会的快速发展为民众提供了更有效的法律监督和民主沟通手段,同时由于虚拟社会自身的缺陷,也给现实社会发展带来巨大的风险和挑战。从法律视角界定了虚拟社会主体的法律监督权和言论自由权的边界;分析了虚拟社会主体的特点和自身存在的各种缺陷;阐述了虚拟社会自身的善治需求及其重要性,以及法律监督对完善虚拟社会的必要性;提出了虚拟社会的法治路径,即要拓宽民众诉讼渠道,引导民众有序参与,并通过立法和行业自律来弥补虚拟社会自身的缺陷。
The rapid development of virtual society has provided people with more effective means of legal supervision and democratic communication. At the same time, due to the defects of virtual society itself, it has brought enormous risks and challenges to the development of the real society. From the legal point of view, this paper defines the boundary between the legal supervisory power of the virtual social subject and the right to freedom of speech. It analyzes the characteristics of the virtual social subject and its own shortcomings. It also expounds the virtual community’s own need for good governance and its importance, as well as legal supervision The necessity of perfecting the virtual society is raised. The path of the rule of law in the virtual society is put forward. That is to broaden the people’s litigation channels, guide the people to participate in orderly, and make up for the deficiencies of the virtual society through legislation and industry self-regulation.