Concerning The Protection Of The Freedom Of Expression In Cyberspace And Restrictions

The perimeter of the network after birth, we have changed a lot of affairs, expression also is under the influence of network and has a huge change. Freedom of expression has a long history, the concept of ancient Chinese had such "Make people stop criticize is more serious than floods caused rivers blocked", this shows the importance of free speech we already clear, just is not clearly put forward the term. In the modern word is with the bourgeois democracy established and widely accepted gradually. The emergence of the Internet broadens the way of expression, and freedom of network expression the word arises at the historic moment. In effect, the network space of freedom of expression and freedom of expression is no different in real society, the former is the extension and expansion of the latter in cyberspace. Therefore to protect freedom of expression and limit the legal principle of freedom of expression in cyberspace is basically the same can be applied, as long as some of the improper legal provisions for some special repair, change, waste, and of course the repairing work, change and waste is not so easy to say. All countries in the world to do a lot of research on the problem and the related legal adjustment, etc., to strengthen the construction of network industry self-discipline organization of cyberspace freedom of expression in the protection and restriction, is the ultimate purpose is to protect citizens’ freedom of expression, restrictions are only a means to protect.This article mainly from four parts on the protection of the freedom of expression in cyberspace and limit launched a series of elaboration.The first part of the article is divided into three levels, the first tells the story of sprout, produce and development of the concept of freedom of expression, and then explains the network space, the concept of freedom of expression as well as the five characteristics, decentralization, diversity, anonymous, interactive, and equality, finally, the network space expression a challenge to traditional freedom of expression made a brief description. The second most articles are divided into two levels, the first level of the value of freedom of expression in cyberspace, a total of four, respectively for self-realization, strengthening social supervision, promote political democracy, and promoting social tolerance and open, the second level to the foreign legal protection of freedom of expression,including international law on the protection of the freedom of expression and more representative of the other two countries in the United States and Germany to protect freedom of expression. This article is the third most restrictions on freedom of expression in cyberspace, there are three levels of this part, the first level is web space to restrict the freedom of expression, a total of two, respectively, for legal reasons, realistic reasons, the real reason is concrete is divided into four, they are conflict with the private rights, the harm of public order, porn information overflow and its influence on judicial justice. At the second level is the principle of limit, is divided into four, respectively is obvious and immediate danger principle, banned in advance limit principle, proportion principle and the final limit legal principles. Third level restrictions for foreign path, from the perspective of three related instructions, respectively the legal Angle, Angle of the social and technical point of view. The fourth most includes two aspects, namely, freedom of expression in the protection and restrictions on network space in China on the issue of the status, and finally gives the Suggestions to solve the problem, the present situation mainly from two aspects of laws and regulations and industry self-discipline, finally Suggestions respectively from the legislation, government regulation and personal self-discipline of the four angles.