Study On Freedom Of Speech In Cyberspace And Its Legal Protection In China

Freedom of speech is one of the basic human rights and had been written into the Constitutions of all democratic countries.As an important element of the modern constitutional system improvement,freedom of speech first appeared in the bourgeoisie's opposition to feudal and authoritarian rule.At that time,freedom of speech became the action objective of the bourgeois revolutions.The bourgeoisie also stood out through the propaganda of freedom of speech in the French bourgeois revolution and the American independence war.Freedom of speech also has gradually developed in the basic legal research field.The improvement of science and technology has provided a broader platform for freedom of speech.As the rapid dissemination of information,Internet has brought new research fields for the protection of freedom of speech.On one hand,people enjoy the right to speak freely on the Internet,but on the other hand,public law does not give them the whole protection and it is even prone to unconstitutional situations.How to guide people to exercise freedom of speech online,standardize the supervision of public power,and better realize the protection of rights have become the research focus of freedom of speech.Besides the introduction and conclusion,the main body of this dissertation can be divided into four parts.First of all,an overview of the legal protection of freedom of speech on the Internet is written.After defining of freedom of speech,this part of dissertation summarize the way of information dissemination in the network,analyzes the value of freedom of speech online,and discusses the partial legislation and regulations that citizens should obey when exercising the freedom of speech in the network.Secondly,this article discusses the current situation of protection of freedom of speech online in China from the aspects of Constitution,legislation and administrative regulations.In order to find out the current infringement of freedom of speech online,this part also analyzes the legislation,administration,self-discipline organization of Internet industry and the citizens themselves in protection of freedom of speech online.Thirdly,it summarizes protection of freedom of speech in foreign countries,especially Germany and the United States,and discussing the foreign legislative and practicing experience with China can learn from in the aspect of freedom of speech.Finally,there exists some problems in the legal protection of freedom of speech in China,and some suggestions are put forward in the fields of legislation,government,self-discipline of the Internet industry and the protection of civil rights.