The Protection And Regulation Of The Right Of Network Expression In Information Age

Following the books, newspapers, radio, television and other media,the Internet is a new kind of communication media and expression tool, what is used to spread information and exchange ideas. As the network is being widely used, many new rights are presenting, the right of Network expression is one of them, as a new form of the right to express, which is one of basic right of citizens, the Internet put forward new challenges to the traditional expression right's protection and regulations. Nowadays, respecting and safeguarding human rights have become not only the generally accepted value for various countries, but also the direction which lead us to develop China's socialist society under the rule of law. While the emerging human rights---- the right of Network expression, it is worth to further study the protection mode to realize its value and control method to limit the right.With Internet technology and information globalization, the scale of network users has expanded rapidly; and in the social transition period, the appeal, will and contradiction will also need to be expressed through certain channels. Network freedom of expression not only can release the instability factors of social structure, but also give certain vitality to social development. Many countries pay more attention for the right of Network expression, with the Constitution and relevant laws and regulations, their citizens enjoy full freedom to express when using the Internet and without intervention of another person or public authority. In recent years, China's legal construction has made great progress, but the right of Network expression study also backwardly, the development of legislation is relatively slower, and with the general awareness of civil rights, our laws have exposed many problems. Therefore, in order to follow the world trend of human rights development and the need of basic civil rights'protection, China should speed up the right of Network expression on research and legislation.The paper discuss the concept and basic theory of the right of Network expression from the angle of jurisprudence, in order to analysis theoretically the construction aspect of the basic concepts, basic principles and basic system of the right of Network expression's protection and regulation, and make compare domestic and international present situation and the protection form of the right of Network expression's protection and regulation to inquire about our country's disadvantages, and at the same time, talk about some personal suggestions and views on that how to establish and improve our citizens'the right of Network expression's protection and regulation. Through the study, it will provide not only theoretical basis for the right of Network expression's legislation, but legislative ideas which want to make the right of Network expression detailed and constitutional, as well as provide system security of the right of Network expression's protection and regulation from two aspects----the public and private power, while with the system construction to settle emerging human rights issues caused by the conflict between abuse of state power and civil rights in the freedom of expression field.As far as we are concerned, the protection of human rights has become the zeitgeist of this informational and democratic era. Countries should respect and protect its citizens' rights, and it is the inherent soul and sacred duty of law that it should keep a serious eye on the powers and authorities, as well as protect citizens' individuality, dignity, and rights. As human rights in a new form, the freedom of speech in cyber world resembles other rights in their generality and universality, but it also holds its own features that it highlights the dimensions and functions of the old belief: "of the people, by the people, for the people". In modern China, based on the construction of a country ruled by law, we should establish and reinforce a righteous and benign legal institution, as well as a righteous, rational, and legal institution for the protection, aid, administration and operation of legal rights, to promote the realization of our citizens' freedom of speech on the Internet, to promote the development of our citizens' liberty, rights and interests. In modern China, we should renew our concepts and values, attaching great importance to values like humanity, human rights, people's interests, justice, equality, and liberty, and establishing the power of spirits and orientations like human culture, human rights, the rule of law, democracy, equality, and egalitarianism, through the innovation of institutions and deepening legal practices. We should also coordinate the relationship among individuals, groups, society and country as a whole, as well as integrate, coordinate and strike the balance among various interest groups, to construct and improve a national legal system which accords closely with the need of certain organizations and the intentions and benefits of our people. We should establish and develop a scientific, just, and effective system for legal protection, restriction and aid regarding Internet activities, to help citizens apply their freedom and legal right to speak freely on the Internet without being prevented or punished, in order to promote the institutionalization, legalization, humanitarianism, and democratization of the protection and administration of people's rights in the cyber space.