Research On The Legal Protection And Regulation Of The Freedom Of Art In The We-Media Era

Our laws think that the freedom of art means the freedom of creation and the freedom of expression in artistic activities.In our country,we protect and regulate the freedom of art through a series of laws like the constitution,the laws,administrative regulations and departmental rules and so on.On the one hand,our country has recognized the right of the freedom of art and built its protection mechanism.Meanwhile,our country has defined the right boundaries of the freedom of art,and ensured its sequence of production and a safe environment.On the other hand,we also limits the freedom of art in terms of the content,time,location,mode,object,media,etc,for its prior restraint and subsequent punishment.In general,these laws and regulations have achieved certain results in the elimination of right conflicts and creation of network environment.However,there are some shortcomings in the operation of the protection mechanism,the opacity of content restrictions and "one size fits all",etc.Because the we-media era has many features like a wide range of the subject,a more open platform,a more timely information,a highly real-time interactivity,a unbound space and time,and a variety of expressions.So it puts forward more new challenges to the legal practice of the freedom of art:the lack of the protection and regulation of individual;the difficult operation of prior restraint;the uncontrollability of the speed and extent of artistic expression,the invalid judicial remedy,etc.In order to deal with these new challenges,it should establish a complementary legal system in all aspects of legislation,law enforcement,judicature,self-discipline system and so on.Thus,we can reach ours new-time' s goals that the protection and regulation of the freedom of art is more prefect and more adapt to the development of new era.