A Study Of Imposing Proper Limitation On Freedom Of Expression In Cyberspace

It is a general rule that every emerging thing will provide some opportunities for the human development. However, these chances will be accompanied by some challenges. Internet, as the significant mark of the third scientific and technological revolution, has no exception. On one hand, the cyberspace can provide a wide and excellent platform for the freedom of expression regulated in the constitutional law and it plays an important role in realizing the personal value, promoting the cultural property, developing the process of democracy and reinforcing the supervision of public power. All these functions of the cyberspace are unmatchable, compared to the traditional media. On the other hand, the expression in cyberspace is anonymous, irrational and anarchic, so these features will easily result in the moral deterioration and crimes. There are some other conflicts in the national security, public order and tradition, judicial justice and personal legal rights, all of which result from the cyberspace expression.This thesis has six parts.The first one generally introduces that the cyberspace expression has a function of the double-edged sword and points out the necessity of maximizing its advantages and minimizing its disadvantages. Meanwhile, this thesis lays more emphasis on the analysis of the way of minimizing its disadvantages. The second part describes the functions of cyberspace expression in realizing the personal value, promoting the cultural property, developing the process of democracy and reinforcing the supervision of public power. The third part brings in some cases to introduce the negative features of cyberspace expression and the possible moral and legal risks. The fourth part mainly analyzes the conflicts among the cyberspace expression, the public interest and the personal rights, pointing out the necessity of imposing reasonable limitation on the cyberspace expression. The fifth part focuses on the legal studies at home and at abroad about the cyberspace expression and concludes "one principle and four standards" for the reasonable limitation of cyberspace expression in the light of the current law making and management in the area of Chinese Internet. By analyzing some incorrect views on the Internet and the systemic shortcomings of the Internet management, the final part puts forward some relevant suggestions.