Research On The Freedom Of Communication In The Era Of Large Data

Nowadays,the prosperity of science and technology is driving the rapid development of society.Science and technology products provide a carrier for the flow of information between people,narrow the distance between people and facilitate the development of social activities.Big data,as the product of this age of science and technology,along with the rise of cloud science and technology,has gradually entered people's eyes and can be reflected in electronic commerce,logistics and even ordinary people's daily life.People are increasingly aware of the changes that data brings to their lives.For example,making decisions in life and work gradually changes from relying on empirical judgments to referring to big data to reach conclusions.In the field of communications,the traditional means of communication have gradually been eliminated by society,and the new forms of communication based on Internet platforms have become the main media for the exchange of social information.In particular,mobile Internet tools have become popular in life.The advantages of high-speed,open,real-time,convenient,and global communication methods have been greatly demonstrated,which has enriched the form of people's information transmission.Although the communication mode under the Internet mode has provided convenience for people's communication and enriched people's rights connotation,there have also been challenges such as network infringement,Internet monitoring,and abuse of communication means.Compared with the rapidly developing new communication modes in the big data era,China's legislation on the protection of citizens 'freedom of communication is relatively lagging behind,and the connotation of citizens' right of communication freedom is defined in all aspects in the big data era.And the constitutional legal guarantee system of the citizen's freedom of communication is in line with the actual needs of social governance today.In the era of big data,citizens 'right to freedom of communication is more extensive than before,and the difficulty of legal protection has also increased.The right to freedom of communication includes the freedom of communication and the secret of communication in the content,and the protection of freedom of communication from interference and the freedom of communication from infringement has always been the core legal interest of the right of freedom of communication.The emerging form of communication is an extension of the traditional mode of communication,whose coverage tends to be open,complicated,technical,high-tech and intelligent.In turn,under the background of large data,there are new forms of crimes such as illegal intrusion into communication systems,communication data theft,and illegal communication monitoring.Under this trend,the investigation departments use more secret and efficient technical investigation methods to deal with the communication methods under the Internet mode,such as the monitoring of the content of citizens 'online software chat,and this kind of investigation means the monitoring of citizens' right to freedom of communication.The confrontation between the citizen's right of communication freedom and the investigation agency's technical investigation power is increasingly fierce.It is urgent to find a breakthrough to balance the interest relationship between rights and power through legislation and other means.At the same time,in the context of big data,the communication mode based on network technology has enriched the content and form of citizens 'right to freedom of communication,and the boundary between the right to freedom of communication and other constitutional rights has become increasingly blurred.For example,there is a partial overlap between the privacy and privacy rights of the privacy of communications in the right to freedom of communication.The development of communication technology in the large data era puts forward new thinking and challenges in the aspects of legislation,justice and law enforcement.In order to adapt to the diversified forms of Internet communication,it is necessary to formulate a special communication law that is in line with the requirements of the new situation.We will set up a system for ensuring citizens 'communications based on the Constitution,clarify the distribution of powers and responsibilities among law enforcement departments,improve the system for providing relief to citizens' right to freedom of communication,and ensure that legal safeguards play a role in complying with the Constitution's provisions.To ensure that this fundamental constitutional right of citizens is duly respected and protected in the course of technical investigations.This paper analyzes and studies the protection of citizens 'freedom of communication in the era of big data from the perspective of technical investigation.The full text is divided into four parts to explain.The first part introduces the connotation,extension,characteristics of the right to freedom of communication and the necessity of protecting the right in the context of big data.This part starts from the theory of legal doctrine,from the concept of rights,explains and develops the concept of freedom of communication in the era of big data,and then makes a comprehensive analysis of the nature,characteristics,protection paths and necessity of the right to freedom of communication.The second part,in the era of big data,the problem of protecting citizen's freedom of communication.This part through the relationship between the right of communication freedom and technical investigation,the influence of the right of technological investigation in the big data era on the right of communication freedom,the balance of the right of communication freedom in the big data era on the right of technology investigation,and the weak supervision of technology investigation power in the big data era.The analysis of the aspect expresses the problems that citizens need to solve in the era of big data to guarantee the freedom of communication.The third part,the comparative analysis of the construction of foreign communication freedom guarantee system under the background of big data.In this part,we review the situation in the four countries of the United States,Britain,Germany and Japan concerning the construction of the system for protecting the right to freedom of communication,focusing on the construction of the system for protecting citizens 'right to freedom of communication from undue restrictions on the right to technical inspection in the context of big data.On this basis,the paper summarizes the common achievement of the protection of freedom of communication in various countries in order to provide useful reference for our country.The fourth part is about the improvement of the system of citizen's freedom of communication in China.The implementation of technical investigation measures will often have a certain degree of restrictions on citizens 'right to freedom of communication.Therefore,this part starts from the perspective of the expansion of public power and analyzes the game relationship between basic rights and public power.On the one hand,we should follow the basic principles of protecting rights in the construction of relevant institutions and in the practice,including the principle of the state respecting and protecting human rights and the principle of power restriction.On the other hand,the guarantee system of the right to freedom of communication is constructed from the aspects of the examination and approval process,the supervision of the system,and the self-rescue of the citizens.At the same time,the legal,reasonable and appropriate restrictions on the right of citizens to freedom of communication are taken into account.