On The Legal Guarantee Of The Freedom Of Network Expression

Along with the Internet used, more and more people publish their points of view and express their opinions through the Internet, to wit network expression. The right that citizen publish the opinion of their own in the Internet is called freedom of network expression, and it is constitution regulating one of the fundamental right and freedom that citizen should enjoy and is long to the category of freedom of expression. Because the Internet has open, interactive, convenient characteristic which traditional medium doesn’t have, network expression owns the publisher anonymous, propagation extensive, interaction, convenience which the expression doesn’t own through traditional medium. So in the legal guarantee, the legal means that guarantee traditional freedom of expression exist a little defect. In the new time, according to the characteristic of the Internet and the freedom of network expression, the national legislature should formulate corresponding laws and regulations. For adapting the requirement of the times, my national legislature formulate lots of laws and regulations to standardize the freedom of network expression and push forward my national legal construction greatly. But we can’t deny that my nation still exist lots of defect in legal guarantee of the freedom of network expression. There are specific performance. Lack legal guarantee principles of the freedom of network expression. Legislation system of the freedom of network expression isn’t consummated, and legislation hierarchy is low. Laws lack systematization and the course of legislation lack democracy participation. Legislation guarantee of the freedom of network expression should contain protection and limitation, but my nation’s attitude to the freedom of network expression is that limitation is more important than protection. And it is difficult to investigate somebody’s legal liability. The Internet industry lack self-discipline. These problems must be solved. In the paper, the writer puts forward solutions of his own. Consummate legal guarantee principles of the freedom of network expression, including the protection of human rights, social welfare, real hurt. Consummate legislation system of the freedom of network expression, and raise legislation hierarchy. Formulate ’Network Expression Law’ and establish legislation system of the freedom of network expression. Let citizen participate in the course of legislation, and listen to their suggest. It must be cautious to limit the freedom of network expression. It is easy to operate somebody’s legal liability. Strengthen the Internet industry’s self-discipline. Consummating the system of legal guarantee of the freedom of network expression is an important part of constructing socialist country under the rule of law.