Shao Yi Eastern Legal Studies（CSSCI）

Abstract: Decentralization is widely considered as an underlying architectural feature of theoverall organizational form and decision-making mechanism of the next-generation Internet. The existence of consensus mechanisms and oligarchic stakeholders has transformed the initial ideals of equality and autonomy into power distribution based on computational capacity and technical ability. Autonomous organizations, influenced by game theory and the Matthew effect, have gradually evolved into company-like social structures. In the current context, where both decentralization and weak centralization coexist, it is crucial to avoid cyberspace falling into a lawless area or international public domain. New priority rules, capable of replacing territorial jurisdiction, must be explored. Based on differentiated scenarios and levels, legislative support should be provided for collaborative jurisdiction or joint governance among multiple stakeholders, with particular emphasis on establishing several bottom-line scenarios of exclusive national jurisdiction. Specifically, in China, an open and inclusive attitude towards the healthy development of technology is essential. To ensure that the risks of new technologies can be controlled, the processes of new technologies can be managed, and benefits of new technologies can be shared, proactive legislation should be pursued. The introduction of jurisdiction rules with digital interpretations could serve as a temporary solution. Additionally, lessons from the pre-blockchain era should be leveraged to develop multi-stakeholder and multi-level co-governance, using technical standards to drive legislative rules and secure the right of international discourse.

Key words: Web 3.0; jurisdiction; decentralization; blockchain; cyberspace; metaverse rule of law