Concerning Internet Supervision And Guarantee Of Freedom Of Expression

Freedom of expression is a basic right that the constitution provides and the foundation of exercising other constitutional rights. At the same time, the effect of the guarantee of the right exerts an influence on that of the guarantee of other constitutional rights. The network provides a platform for the right to the freedom of expression. However, civil rights are never absolute, so the right should be exercised within the limits prescribed by law. This requires the state to supervise the network expression. We should pay attention to the principle that the supervision of the freedom of expression should have its limits, or the right of the citizen will be infringed. This thesis, which proceeds from the dialectical relationship between network supervision and freedom of expression, will discuss how to guarantee freedom of expression under the network supervision that can neither infringe the right to freedom of expression as well as other basic rights nor harm the public interest. To sum up, in order to deter cyber crime, our state has made laws on network in all aspects, but there is always contrast between reality and ideal---some problems still exist in the network law system of our state. Therefore, the aim of this thesis will analyze network supervision and the law on guaranteeing the right to freedom of expression, discover the faults and provide the solutions.Macroscopically, this paper comprehensively applies the Marxist philosophy of dialectical materialist and historical materialist. Under the guidance of the basic principles and methodologies, this paper will adopt the methods of seeing through the appearance to get the essence, of contrast analysis, of integration of theory with practice, and the method of case study; moreover, this paper also actively associates the theories and the achievement in other subjects with referential use.To overemphasize the network supervision would infringe the right to freedom of expression; to overprotect the right to freedom of expression would harm the public interest and infringe others'personal rights. The innovation of the paper is how we exercise the civil right to freedom of expression under network supervision in a perfect way, which can protect the public interest but not infringe the right to freedom of expression.This paper is divided into three parts: The first part introduces the concept of network supervision and freedom of expression, and then analyzes the dialectical relationship between them.The second part elaborates and compares the modes of network supervision at home and abroad, and then summarizes the experience and lessons.The last part analyzes how we guarantee the civil right to freedom of expression under the network supervision; furthermore, this part also analyzes the status quo of the guarantee of freedom of expression, discover the faults and provide solutions.