Network Of Political Expression Of Legal Regulation

The internet, posing unprecedented a challenge to all human's expression forms that ever existed, not only has deeply changed human's production and life-style, but also deeply changed the organizational framework and power structure in all societies and people's notion of free expression as well. To some extent, the internet has realized the transnational freedom of expression, because the internet has broken the restriction posed by territorial distance and political system. Internet Political expression has been causing the right of free political expression to shift from governments and elites toward the common people, changing the position and authority that the owners of traditional media once enjoyed, which in turn has posed a challenge to the traditional theory of Political expression and the legal regulation on free Political expression as well.When the relation is to be studied between the internet and laws, between the internet and the political superstructure, a notion should be hold that to grasp internet's structure and attributes is the base and key to understand and explore the complicated social phenomena and problems brought about by the arrival of the internet. Internet characterized by decentralization, globalization, harmony-orientation, and power entrustment and internet Political expression characterized by openness, anonymity, interaction, have in a joint way resulted internet Political expression to become the political expression form least sealed, least limited, and fairest enjoyed ever since, which has paved the way for the advent of an real"opinion-opening market"The limitation of free political expression is an indispensable content for people to understand the value of free political expression. Abusing restrictive authority, essentially the abuse of power, poses a direct encroachment to citizen's rights. The freedom of internet political expression, a kind of constitutional right that citizens generally enjoys in cyberspace, should only be restricted on condition that exercising such right has been in conflict with public interest or other due rights, which means that the restriction on the freedom of internet political expression should be necessary, reasonable and effective.Some universal principles on protecting and restricting free political expression have been summed up by scholars and judges all over the world in their judicial practice that the right of free political expression is a kind of constitutional right, and that the restriction laws pose on the right of free political expression should be legally-based and in comply with clear and definite procedure in order to prevent such restrictive authority from being abused to damage the right of free political expression.The key factors that differentiate internet Political expression from the traditional media Political expression lies in the factors that the internet has changed both the expression procedure and information communicating mechanism, the resource allocation in exercise of utterance rights and finally the administrating authority that the authorities and governments once hold on traditional media. As a result, the connotation, extension and right boundary of the right of free Political expression via internet needs to be stipulated in an explicit way by relevant laws. Compared with individuals in the traditional media era, netizens have enjoyed unprecedented substantive and technological resource endowed by the emergence of the internet, which empower netizens with some attribute traditionally characterizing media professionals. The facts mentioned above is not only the important factors differentiating the internet Political expression from the traditional media Political expression, but also the foothold and starting point to regulate the internet Political expression by laws.Anonymity, essentially a counter-action to the current social order and rules, has posed some a challenge and aversion to power control, whose ultimate aim is to express non-mainstream political suggestion and oppositions substantially different from the existing order and system. Internet Political expression has provided substantial and technological conditions for citizens to exercise their right of free political expression in an anonymous way, which not only artificially cuts off the direct relation between netizens'behaviors and responsibility, but also causes in some degree netizens to break-though the political, economic, cultural and moral restriction prevalent in the real society. As a result, citizens can express their own opinions and viewpoints in a fuller and freer way on one hand, and some side-effects, on the other hand, have been fostered in the network society such as the outflow of morals, the decrease of responsibility and rise of encroaching behaviors. Can netizens enjoy the right of online anonymity? Can internet real-name system be used to keep in balance with the right of online anonymity? How to exercise and regulate the right of online anonymity? All such questions need to be answered in the legal context, and laws related to the right of anonymity online need to be enacted.The conflict between Internet real-name system and right of online anonymity, by nature, is not only the interaction and contraction between the restrictions on the right of free Political expression and restrictions set on restricting the rights of free political expression, but also the contention and restriction on the utterance right. The internet utterance right, the right of online anonymity, just like the utterance right and anonymity right in the current society, is not only an innate right for citizens, but also the foundation and guarantees for democracy and rule of law, which can not be deprived arbitrarily by any authority without any justification. The characteristics of the internet result that a new balance needs to be set between the freedom of internet Political expression and its limitation. Based on the reasons mentioned above, the dissertation holds, internet real-name system should be enforced limitedly.Can the anonymity of online political expression be updated to the right of anonymous expression online? Can the right of anonymous expression online be independent of internet right of privacy? Such two questions will be answered in specific ways in the dissertation. The study will be conducted in two ways. One is to discuss conditions facilitating the transition of the right of online anonymity from a kind of political right to a kind of legal right, and to discuss whether or not the current condition is mature for implement such a updating. The other is to discuss the reasoning basis and prerequisite condition for such a legal right to be based legally. Judging from all over the world, many democratic counties ruled by law have come to a consensus that the right of online anonymity should be regarded as a constitutional right. China, however, still haven't conducted legislations to safeguard such a right in a specific way, haven't adopted any theory and advocacy in judicial practice to ascertain such a right. From the academic perspective, the dissertation will discuss the possibility, necessity and practical or immediate significance for China to establish the right of online anonymity in China's legislative and judicial practice. The dissertation also holds such concepts and notion as the anonymity of internet and the right of online anonymity should be introduced to extend the legal interpretation provided by China's constitution and other basic laws and regulations on the freedom of Political expression in order to establish a constitutional protection for the right of online anonymity and to promote the development and perfection of China's right system safeguarding free Political expression.