China's Network Of Freedom Of Expression Legislative Studies

With the development of science, network hand people's life have became increasingly close. Network accelerated the content of globalization, brought more convenience for human, network provide people with a platform of communication and its public opening, interaction, virtualization also liberated people freedom of expression in a certain way. Meanwhile network also brought all kinds of new problems in human's life, such as some online false statements, sometimes matters even causing panic. By the same time while netizens express their thoughts, it could also frequently violate the rights of others. Internet has launched a new wave of impact to law.The legislation in China is still lag behind, we have to comply with the needs of the development of the time, institute suitable law for network expression, and that will make Internet healthy development, will better protect citizens rights. Conducts the research should not only analyze the domestic legislation present situation in China, also should compare with foreign legislation in present situation, then combine with the reality of our country, to raise a point of order about Internet legislation system design which suitable for China's national conditions. This paper is divided into four parts:The first part is discussing the basic theory of freedom of expression, freedom of expression is the most basic rights of citizens. This part mainly analyze the freedom of expression in connotation, category and the feature, in order to have a basic idea about the concept of freedom expression and understanding. Also analyze the related theories about the value of freedom of expression, hope to proof the legitimacy of demonstration freedom of expression from different angles.The second part is from nomological elements and realistic basis to verify the limits of freedom expression. Consider freedom of expression as a kind of freedom in legal category, of course should have relativity, and exist issue with ranges and boundaries. And to the existing law regulation network of confusion about freedom of expression, this paper also analyzed and try to find the right way to deal with them.The third part introduced the regulation of freedom of expression way around the world. The regulation of various countries on freedom of expression mainly contains two side:to control a legislative intervention and to rely on the self-discipline. This paper analyzed the Germany and Singapore's legislative control mode, the Americans rely on industry self-regulation way and Britain's two ways combining together. And get right to freedom of expression to our country regulation network of enlightenment.The fourth part introduced the present situation of freedom of expression in network in our country, analyzed some problems and defects, and put forward the ways to deal with:such as establish law according with network characteristics, strengthen the relevant judicial explanation and judicial precedents. In order to guarantee of freedom of expression of our network to provide useful experience, make the freedom of cyberspace expression get into a higher condition.The fifth part of our country, the law about network freedom of expression, and suggests to establish regulation puts forward the idea in the administration of Internet information and communication, and strengthen the relevant judicial interpretations and case role.