Research On Right Of Network Expression

The rapid development of information technology in internet era is profoundlychanging people’s lives, the network information technology has deeply impact on thestate, government, society and individuals, including negative and positive.Networking as a virtual space, has its independence, but also it is a expansion ofhuman kind’s real field and has inextricably linked with real social. Internet is not justa tool or technique, but also reflects the impact of network information technologywhich as knowledge can cause new effect to affect the pattern of human interests’allocation, and in order to promote social stability and development, it requires a newdefinition of the rights and obligations of the network society. Rights is an importantconcept in constitutional law, which reflects the relationship between state and citizen,its essence is the basis of the patterns of rational allocation of human interests, its corevalues is the freedom, interests, and dignity enjoyed by the citizens as individuals. Inreal society, the state through the enactment of laws to regulate people’s behavior, tomaintain social order, to safeguard social fairness and justice, but in the networksociety which lack an effective network order, rights and obligations will be confusing,so it is necessary to construct a rights system to improve the network society.The author believes that among all the rights, the right to express of network isthe best rights to show the nature of the relations among people in the network society.The second chapter of this paper will analyze the basic meaning of the right. The rightof expression of network is one kind of expression rights, which is the extension oftraditional expression rights in network society, the political nature of this kind ofrights determines that it is the premise of the other rights of network, for the lessdeveloped countries of democratic politics, because of the network-specific opennessand anonymity, it can effectively compensate for the shortage of the reality of thedemocratic system. The right to express of network is also reflected theinconsistencies with the traditional rights of expression, that is the unique thing aboutthe right of expression of network: the right to speak, the place to achieve the rights isthe virtual world of the Internet, so the right of expression of network, unlikepublishing, rally and association this kinds of traditional rights can express freely inreality, the same with the reality. Because the particularity of the network, it shows itsown characteristics, including extensive subjects, anonymity and immediacy and openness.Also there are some obstacles in the network to express, and some of theobstacles are caused by the expression of network itself, Chapter III of this article willanalyze the right of expression of network in practice, that is, the disorder in networkcan’t achieve the value of the right of expression of network, and the conflict betweenthe right of expression of network and other rights, and internet rumors and otherissues。Then we would discuss how to provide measures to deal with the problem.First use law to regulate the network order is a viable solution, but at the same time itshould be noted that the value orientation of the legislation, the network requires theGovernment taking steps to promote the good order of the network with moreappropriate measures in consideration of its own characteristics, the author is in flavorof the adoption of implementation of the NRS in some areas, but should not be unifiedthrough a law, the legislation should left more space to the network industry forself-regulation, and should not authorize administrative authority rights to directlyintervene in citizens’ personal network behavior, and limit the abuse of public powerand reduce the cost of national management. Through the expansion of freedom ofexpression the case from judicial precedents is another important aspect to achievethis right, so can learn from the jurisprudence of the traditional restrictions on theright of expression rules, the boundaries of the right to express of network will bemore clearly defined, balance the conflict between the right of expression of networkand other rights, and achieve the value of the right of expression of network.