Research On Legal Problems Of Online Speech Regulation

The rapid development of the Internet greatly expanded the boundaries of our traditional life, constitutional rights and freedoms of every citizen are such a vast virtual space to get a new interpretation, especially in freedom of speech based on constitutional rights, not only to promote freedom of speech to express enthusiasm, also contributed to the extension of the network of speech as a new modern concept of human rights. But freedom of speech also brought some negative effects, it is largely broken the balance of the traditional legal boundaries of freedom of expression, government regulation of the network formed a new challenge. For the regulation of online speech, has experienced a process from start simple and crude administrative intervention to weaken the rights of citizens to freedom of expression but also resulted in widespread repression of society; attention to the subsequent legal regulation, recognizing only from "Strict Management "and" laissez-faire "to find the balance point, the degree of regulatory certainty balance to achieve the gradual legalization of network monitoring, in order to solve the problem fundamentally.In this paper, the concept of network-related regulation of speech start, introduced the concept of freedom of expression and regulatory networks, and referred to the historical stage of development of network monitoring and regulation of speech means the way, and describes the theoretical basis of the regulatory network of speech, indicating that the network remarks regulatory necessity and urgency. Then it describes the legal issues and the reasons for the existence of a network analysis of speech regulation and discusses legal issues that exist in our network regulatory legislation, law enforcement, and judicial aspects of these problems, the use of some of the classic theoretical analysis of its causes. Next describes the revelation of foreign legal experience and network of speech regulation. Mainly from the experience of foreign legal regulation of online speech, introduced three typical national network of speech monitoring different strategies and ways to draw the future direction of our country and the need to draw on the best means of online speech regulation. Finally I proposed to improve oversight from the legislative, administrative law enforcement, judicial protection and relief, and improve industry self-restraint mechanism and individual rights are discussed in four major aspects of speech regulatory networks improve our legal countermeasures.