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On Freedom Of Expression Under Network Of Legal Control In Our Country

Posted on:2010-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:L LuFull Text:PDF
GTID:2178360275481784Subject:Law
Abstract/Summary:PDF Full Text Request
The freedom of expression on the Internet, whose theory was developed from the base of expressing freedom, is one kind of the concepts. The relative theories include natural rights theory, the views of free market theory, utilitarian theory, the democratic conditional theory and social responsibility theory, which keep the freedom of expression on the Internet as a right of citizens with a solid theoretical foundation. It is different from traditional media and its unique features are mainly manifested in the two-way process and interactivity,the multi-media form,the main equality, virtual identity and the fast way of expression and so on.Those characteristics make the network show its unique values that are promoting political openness and democratization, helping cultivate civic awareness, driving the growth of civil society and having enormous supervision functions and so forth.Since 1994, our country has access to the Internet .After that, the Internet has been developing rapidly and in a sense,it is interfering the reality strongly. The current system to enact legislation and regulations in expressing freedom on the Internet in our country mainly concentrated on three laws and four regulations.The network in the orbit of law about the promotion of democracy in our country has played a pivotal role . At the same time,the freedom of expression on the Internet in our country is also breeding some emotional elements, such as anarchism , irrational violenceon the Internet and a loss of social order and so on. Meanwhile, there still exits a low level and non-uniform legislation for the freedom of expression on the Internet itself.On the other hand,it lacks for democratic participation in the legislative process and fundamental rights had been violated because of the absence of relief channels. Moreover, it strengthens too much control on the network the government gave and protects the rights of subjects a little.From the world of freedom of expression on the network management, there is a main mandatory legislative intervention and persuasion of self-regulatory norms.Foreign countries in controlling the freedom of expression on the Internet has a great influence on our country. The major aspects are as follows:First, taking on legislative system seriously.Second,regulating the law systemin accordance with its own national conditions.Third, emphasizing the role of network technology and industry self-regulation.In terms of the negative effects for the freedom of expression on the network, we should mainly be based on legal control.First of all, it must follow the principles to measure the benefits, to run a country by law and protect first and restrict second.Next,we should pay attention to the content of legislative clarity and interoperability.Finally, it should be to establish networks and the Internet industry self-regulatory norms of users to make the freedom of expressionon the network in our country play a great positive effect.
Keywords/Search Tags:Network, Freedom of expression, Legal Regulation
PDF Full Text Request
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