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On Internet Freedom Of Expression

Posted on:2011-01-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:W Q HuangFull Text:PDF
GTID:1118360308954441Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the rapid development of Internet and economic globalization, the earth became integrated into the global village so that there is no distance for the world's people in the Internet on the exchange and communication to communicate thinking and to express their ideas and views to the Government for their comments by the use of Internet.The Internet has provided people with more convenient, faster and more diverse means of expression. This not only provides a more convenient way to the realization of freedom of expression, but also raises new issues for the protection of freedom of expression.The purpose of this paper is to attempt to explore how the process of building the rule of law in our country adapts to the characteristics of the Internet age in protection of freedom of expression , it is necessary to fully protect freedom of expression of individual citizens according to the law , but also in the protection of freedom of expression, meanwhile bearing in mind to safeguard the fundamental interests of all the people .China's ideas on freedom of expression relating to the protection of freedom of expression are stipulated in special laws, as the key of "Demonstrations Law" and "Publication Law" and other laws. These laws basically belong to category of laws related to the protection of traditional freedom of expression.In the Internet age ,in the aspect of protection of freedom of expression, there are only some internal rules and regulations. In the Internet age, how to establish and perfect the system and laws on the protection of freedom of expression, is the major theoretical and practical issue urgently necessary to be studied and resolved in our country. This paper studies, for the rich in our constitution on the theory of freedom of expression to adapt to the Internet Age to protect freedom of expression and the characteristics of establishing and perfecting the system and laws of our country, have important theoretical and practical significance. Basic elements are: On freedom of expression in the Internet. Chapter I, Introduction on Constitutional Protection of Freedom of Expression. Section I, the nature of freedom of expression. First, establishment of freedom of expression. Second, freedom of expression is a basic human right. Section II, the constitutional value of freedom of expression: (a) the formation and consolidation of democratic institutions; (b) to ensure the balance of powers and strengthening the political oversight; (c) incubation of public awareness of civic and social responsibility; (d) the fostering of ideas of tolerance and political pluralism system space; (e) to achieve personal independence and autonomy. Section III, from a number of cases to see the legal features of freedom of expression protected by the Constitution .Chapter II, the emergence of the Internet and freedom of expression. Section I, the Internet's origins, development and dissemination of information characteristics. Section II, the Internet has enriched and developed the scope of the right to freedom of expression: (a) right to In-line comments, speeches and other types of work; (b) freedom of production site, creating a blog, using micro-Bo, QQ groups and mass e-mail; (c) freedom of establishment of an electronic journals and publishing e-books or Collected Works; (e) right to the establishment of networks and implementing the assembly line, open-ended comments collected online and on the Internet to government agencies, enterprises, institutions and social organizations to reflect their views or make comments, suggestions or the right to protest. Section III, the Internet has subverted the traditional restrictions on freedom of expression theory. Chapter III, legal protection of freedom of expression in the Internet. Section I, freedom of expression in the Internet under the protection of international law. Section II, freedom of expression in the Internet under the domestic law. Section III, legal boundaries to freedom of expression in the Internet. Chapter IV, legal regulation to action of expression in the Internet. Section I, conception of legal regulation and its possibility and necessity. Section II, legal regulation of users. First, the "human flesh search" and the need for legal regulation. (a) the concept and function of "human flesh search"; (b) in recent years a number of "human flesh search" cases and analysis of their effects on society; (c)the first anti-"human flesh search" case reflects the demand for legal regulation. Second, the legal regulation of "human flesh search".(a) possible infringement in" human flesh search"; (b) the existing problems of legal regulation of the "human flesh search "; (c) Xuzhou, Jiangsu province with legislation to ban "human flesh search" leads the public and users controversy; (d) "real name" and self -rule in "human flesh search". Section III, legal regulation of the website. (a) the role of the website in the support of freedom of expression in the Internet; (b)the website for Internet users conduct should bear the legal responsibility; (c)the current law-violations and the causes of the website; (d) principal means of the legal regulation of the Website behavior . Chapter V, protection of freedom of expression in the Internet in China. Section I, legislative situation of protection of freedom of expression in the Internet. First, our Constitution, laws and regulations on the general legal protection of freedom of expression :(a) The existing provision of the Constitution; (b) the existing provision of laws and regulations; (c) legal measures of the Constitution, laws and regulations by providing for a corresponding system of safeguards to protect the realization of freedom of expression. Second, the special legal provisions of freedom of expression in the Internet. (a) under the premise of complying with legal requirements, you can enjoy freedom of expression in the Internet. (b) the exercise of freedom of expression in the Internet must be subject to more stringent legal regulation. (c) if in the network environment not appropriate under the law or the exercise of freedom of expression against the law, it shall bear the corresponding legal responsibility. Third, international conventions or norms of international law should be observed with regard to freedom of expression on the internet. (a) "Universal Declaration of Human Rights"; (b) " the International Covenant on Civil and Political Rights "; (c) " the International Covenant on Economic, Social and Cultural Rights." Section II, the issues of legal protection of freedom of expression in the Internet. First, the legislative issues of protection of freedom of expression in the Internet. Second, the issues of administrative protection of freedom of expression in the Internet: (a) the plight of recovery after individuals registered domain name was cancelled; (b) "green dam" software subject to various aspects of negative assessment and resistance; (c) Radio and Television Administration shut down 111 illegal audio-visual program service sites ,which was suspected of excessive restrictions on freedom of expression on the internet. Third, the issues of judicial protection of freedom of expression in the Internet: (a) an insult to the county party secretary by SMS text; (b)Wang Shuai events in Henan province; (c) the case of administrative punishment of Press website because of slogan of"Filling the Olympic Games". Fourth, a number of measures of strengthening legal protection of freedom of expression in the Internet. First, it is necessary to further deepen the existing provisions of Section 35 of the Constitution, through the strengthening of legislative measures to protect freedom of expression in a general sense of the full and effective implementation of freedom of expression for the network to provide a good system space. Second, in addition to relying on general legal regime, it is also necessary for the state legislature to protect freedom of expression in the Internet based on the Internet's technical features, timely in adoption of basic law of protection of freedom of expression in the Internet , or as a whole, timely in adoption of the legal rights including freedom of expression in the Internet. Third, legal regulation of expression of the website and users of the network should be based on the norms of international law, and absorb the legal regulation on network behavior of the experience in other countries, as soon as possible with international practice.Features and innovations:The author proposed ,on the basis of previous studies, analysis, draw conclusions, to extract the characteristics of freedom of expression in network era , to explore effective protection measures how to adapt to the characteristics of its era , to study conflict and fusion between traditional freedom of expression and freedom of expression on the internet ,and to analyze how to deal with the equilibrium point in the protection of freedom of expression and maintenance of national security, public interests and the legitimate rights and interests of citizens in the Internet age.At the same time, based on integration of ideas and experiences in the international community to protect freedom of expression in the Internet Age, I try to construct a system pattern and the legal system of China's protection of freedom of expression, and to build on the attention of the system with relevant international rules.
Keywords/Search Tags:Freedom of Expression, Internet
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