On The Legal Protection Of The Right Of Network Expression In China

With the rapid development of network technology,people have gained unprecedented opportunities for free expression,providing a broader platform for citizens to realize their right to express.Traditional expression rights also extend into cyberspace,and network expression rights have entered people's field of vision.What follows is the change of the network expression right itself and the social relations in which it is located.Therefore,as a code of conduct regulating social relations,it is necessary for the law to have the responsibility to confirm and guide this change.However,due to the emergence of many social problems in the realization of the network expression rights,rights have been restricted to the mainstream of development.The right of network expression has a tendency to be compressed by public power,and the lack of basic laws makes the problems caused by a large number of restrictions on network expression not guaranteed by law.In this context,it is necessary to define,study and protect the right of network expression.The first chapter of this paper is an overview of network expression rights.The first part analyzes the concept of network expression rights.The main purpose is to define the concept of network expression rights and clarify the difference between it and the concept of confusing.The second part analyzes the value of network expression rights,and analyzes its role in human development and social progress.The second chapter introduces the status quo and dilemma of the protection of network expression rights in China.The status quo is mainly interpreted from the status quo of China's network application development and the status quo of legislation.The dilemmas are summarized from the national,social,and personal aspects: excessive restrictions on public power,weak public rights awareness,inadequate legal systems,lack of relief procedures,and difficulty in choosing rights conflicts.The third chapter analyzes the legal protection of the expression rights of extraterritorial countries.Divided into two modes,four countries,including the United States and the United Kingdom represented by the civil autonomous protection model,Germany and Singapore represented by the special legislative protection model.Through the analysis of extraterritorial countries and the reality of our country,it has certain enlightening significance.The fourth chapter expounds the countermeasures and suggestions to improve the protection of network expression rights in China.The necessity of the protection of network expression rights is analyzed from the national and social levels.By discussing the boundaries of network expression rights,the existing rights must have the concept of boundaries.The principles for protecting the right of network expression in China are proposed,which are carried out from the principle of the rule of law,the principle of legal reservation,the principle of guarantee as the auxiliary principle,and the principle of measuring interest.Finally,in view of the predicament proposed in the previous article,comprehensive domestic domestic foreign experience has proposed perfect suggestions for improving the over-restriction of public power,the cultivation of rights awareness,improving legislation,establishing rights relief and conflict resolution mechanisms,and strengthening the construction of network social autonomy system.