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On June 29, Jinjiang issued a notice and received a report from netizens. In the works published by an author of the website, the author's information has been reported to Wang'an for further processing because he advocated opium smuggling and became a bad guiding content for drug lords.

(the picture is quoted from the network)

It is understood that the author posted on several platforms, but only Jinjiang locked the text according to the report and reported it to network security. The big controversy on the Internet is that the work is completely fictitious, does not infringe on the rights and interests of others, and belongs to the author's freedom of creation. Is it reasonable to be locked by Jinjiang and reported to network security? The author believes that the vulgarity of network literature produces bad guidance, which involves both law and morality, and needs to be analyzed and grasped from the perspective of network culture governance and network civilization construction.

01 network culture is developing rapidly, but there are a series of problems that need to be standardized

The rapid development of the network has changed all aspects of society and produced a brand-new network culture. The connotation of network culture involves many aspects, such as network language, network literature, network games, network news, network communication, network resource sharing, online trading and online advertising.

The rise of network culture has had a comprehensive and profound impact on the society, but the open, pluralistic and virtual network characteristics make the good and bad of network resources intermingled. All kinds of violence, falsehood and other bad network cultures are increasingly eroding the network virtual space, resulting in the chaos of network culture and adverse effects on the society, mainly in the following aspects:

First, in order to attract traffic and compete for click through rate, the trend of Pan entertainment and vulgarization of online literary works is obvious, causing some netizens to lose their due ability to judge the value of culture;

Second, the popularity of vulgar, kitsch and vulgar culture has reduced the cultural consensus of citizens and the leading force of the mainstream ideology, and dispelled the cohesion of the mainstream culture;

Third, the collision and conflict between different thoughts, cultures, morals and behaviors have reduced the moral binding force, weakened the self-discipline consciousness of netizens, mercenary, and extreme pursuit of money, making some creators and disseminators of online culture abandon moral ethics and social responsibility.

Network culture has developed for more than 20 years, and its social impact is increasingly widespread. All kinds of network chaos have seriously affected the long-term and sustainable development of the industry. It must be standardized and rectified to promote the healthy development of network civilization. In recent years, the "Qinglang action" led by the Internet Information Office, the Ministry of industry and information technology, the Ministry of culture and other units for many times is based on the purpose of purifying network culture and promoting the development of network civilization.

02 relevant laws and regulations governing the illegal and vulgarization of online culture

Network is not a place outside the law. Once the development of network culture violates public order and good customs, or even touches the bottom line of the law, it will be severely punished. In the process of using the Internet and establishing websites, network information publishers, network information content service platforms and netizens should abide by laws and regulations, use the Internet in a civilized manner, and jointly promote the healthy development of network culture.

（1） For the producers or publishers of online culture, their creation and publishing contents shall not violate the laws and regulations, public order and good customs, or damage the legitimate rights and interests of others, otherwise, they will have to bear corresponding legal responsibilities.

Article 4 of the regulations on Ecological Governance of network information content defines the general normative requirements of network information content producers, that is, they should abide by laws and regulations, follow public order and good customs, and should not damage national interests, public interests and the legitimate rights and interests of others; Article 6 stipulates several behaviors that network information content producers are not allowed to do. It mainly includes illegal acts, acts of disturbing social order, acts of destroying social stability, advocating violence, pornography, superstition, terrorist acts and other violations. Article 7 clarifies the relevant obligations it must perform. That is, it has the obligation to prevent and resist hyping scandals and scandals, promote vulgar, vulgar and kitsch content, show blood, violence and other uncomfortable content that may induce minors' bad habits and other content that may have a negative impact on the network ecology.

Article 15 of the measures for the administration of Internet information services also makes provisions similar to Article 6 of the provisions on the ecological governance of network information content for network information service providers.

（2） For the network information content service platform, Article 8 of the regulations on Ecological Governance of network information content emphasizes that it should fulfill the main responsibility of information content management, strengthen the ecological governance of network information content on this platform, and cultivate a positive, healthy and upward network culture; Article 10 it is clear that the network information content service platform shall not disseminate the information specified in Article 6 of these Provisions, and shall prevent and resist the dissemination of the information specified in Article 7 of these provisions.

Article 9 of the network security law stipulates that network operators must abide by laws and administrative regulations, respect social morality, abide by business ethics, fulfill their obligations of network security protection, accept the supervision of the government and society, and bear social responsibilities when carrying out business and service activities.

（3） For netizens, they also have the obligation to surf the Internet in a civilized way. Article 18 of the regulations on the ecological governance of network information content stipulates that users of network information content services should use the network in a civilized and healthy manner, and earnestly perform their corresponding obligations in accordance with the requirements of laws and regulations and the user agreement. When participating in network activities in the form of posts, replies, messages, bullets, etc., they should interact in a civilized and rational manner, and should not publish the information specified in Article 6 of these regulations, Prevent and resist the information specified in Article 7 of these provisions. At the same time, Article 20 of the regulation gives netizens the supervision power to complain and report illegal acts and bad information on the Internet.

The criminal law, the network security law, the measures for the administration of Internet information services, the provisions on the ecological governance of network information content and other laws and regulations also provide corresponding penalties for acts that violate the law, vulgar content, and public order and good customs, mainly in the following categories:

❐ 1. Limit warning. Interview, warning rectification, limiting functions, suspending updates, closing accounts, banning industry entry and other disposal measures;

❐ 2. Administrative punishment. Including warning, fine, detention, order to correct or suspend production and business;

❐ 3. Criminal punishment. If network participants violate the criminal law, they shall be dealt with in accordance with articles 286 and 287 of the criminal law;

❐ 4. Bear civil liability. Articles 1194, 1195 and 1197 of the civil code make corresponding provisions on the assumption of civil liability for network infringement.

In recent years, China has successively issued a series of laws, regulations and rules related to the Internet, which have played a very important role in standardizing Internet behavior, purifying the Internet and developing a positive and healthy Internet culture. But at the same time, we should also see that these laws and regulations are imperfect, most of them are scattered in departmental rules, with relatively low rank and poor cohesion and compatibility. For example, in Article 12 of the network security law, no individual or organization may use the network to disseminate violent, obscene and pornographic information, but there are no relevant documents to refine and uniformly define violent, obscene and pornographic information at the level of administrative regulations and departmental rules, To a certain extent, it has allowed the existence of fuzzy space in the supervision of the network culture market and reduced the effectiveness of supervision. Similarly, the authors of Jinjiang report publicize opium, but it is difficult to find the punishment provisions for opium types in the corresponding laws and regulations.

03 some ideas on strengthening the construction of network civilization and promoting the governance of network culture

It is the common responsibility of the whole society to create a healthy and upward network ecosystem, promote the further development of network culture, and make the Internet better benefit hundreds of millions of netizens.

The construction of network civilization is the fundamental strategy to deepen the governance of network ecology. Therefore, we must firmly grasp the correct political direction, public opinion guidance and value orientation, adhere to the theme, spread positive energy, promote truth, goodness and beauty, and adhere to the two-way efforts of governance and guidance.

To promote the governance of network culture, the whole society needs to work together. First, the competent departments should further strengthen and improve the legal system construction, so as to truly have laws to abide by. The regulatory departments should strengthen supervision, and fight against network violations and vulgarization when they appear.

 Second, improve the social moral level, improve the quality of netizens, and compact the responsibility of network service platforms. The whole society should form a joint force, so that network participants can consciously become practitioners and defenders of network civilization, and the network culture can be clean, healthy and upward.

Back to the beginning of this article, the author of Jinjiang advocated opium, deviated from the main theme of society, violated public order and good customs, and was reported by readers. As a service platform, Jinjiang website immediately locked the text and reported it to network security. I believe that the author of this article will face severe punishment by law next. This event well shows a successful case of the whole society taking action to combat and curb the vulgarization of online culture.