On Freedom Of Expression On Internet

As a new way of expression,the expression on Internet has shown its enormous strength since the moment it came into being. The expression on Internet is characterized by rapid transmission and wide influences, for it has the features of self-independence, anonymity, interactivity, and immediacy as well as a compression of space. However, while the expression on Internet acquire freedom at full strength, there are also pornography, violence, reactionary and fictitious information in the cyber space. Thus, could the theory of freedom of expression, which is based on traditional media, be adapted to the need of expression on Internet? Or is it feasible that we adapt the traditional ways of safeguard and control to it in practice? And what influences has the expression on Internet had on the advancement of rule of law in China? Following those clues mentioned above, the author proceeded with his analyses and discussions.Firstly, to make a further analysis into freedom of expression on Internet, the author went back to the traditional theory of freedom of expression. To do this, the author inspected into various meanings of freedom of expression, which are understood disparately in various international conventions and through scholars from different countries. But as to the connotation of freedom of expression, we may find a commonsense at the lowest level. Then the author inspected into the origins and developments of three typical types of theories of freedom of expression, that is, Theory of Truth, Theory of Self-realization and Theory of Democracy. Meanwhile, the author made a brief analysis on the advantages and disadvantages of the three types in terms of legitimacy in the demonstration of freedom of expression. Then the author analyzed the limitation of freedom of expression by three factors: jurisprudence backgrounds, specific regulations of laws and principles of judicial practices.Secondly, as to reconstruct and develop the present theory of freedom of expression and adapt it to the new environments and problems of cyber age, the author outlined the characteristics of expression on internet,that is, self-independence, anonymity, interactivity, immediacy and a compression of space. Having based on this, the author analyzed the influence that expression on Internet has imposed on the ways of freedom of expression, on theories of freedom of expression (Theory of Truth, Theory of Self-realization and Theory of Democracy), and on the extent to which freedom of expression is protected.Once more, based on the distinctive quality of the expression on Internet, the expression on Internet 's hazardous nature has also gone far beyond the traditional way of expression, therefore it is necessary to carry on the integrated control to the expression on Internet. Firstly, the author inspected the concrete utilization of existing expression on Internet control patterns (that is, law control pattern, technical control pattern and autonomy pattern of expression on Internet) in various countries, and analyzed the superiority and the limit of these three patterns. Then combining the present situation of the expression on Internet control patterns in contemporary China, through the analysis the author discovered that both law control pattern and the technical control pattern have various malpractices in the application process, but the pattern of autonomy has also undergone alienation in contemporary China, therefore the author thought that in this case the self- restraint of the subject of expression on Internet has important meanings to the realization of freedom of expression on Internet. This kind of self-restraint, which has the bright time significance in contemporary China, has opened the residential society's net seed; reflected the democracy spirit; manifested the idea of constitutionality; expressed the intrinsic request in the harmonious society, which is not only harmonious but also different.In the last, the freedom of expression on Internet has greatly influenced the advancement of rule of law in China. Confined to limited words, the author could only analyze the influence imposed by freedom of expression on Internet on the process of rule of law, exemplifying the conflicts between freedom of expression on Internet and judicial independence. To discuss this, firstly the author analyzed the cause of confliction—the difference of subjects and ways of thinking. Then the author turned to the analysis that there is a unity in terms of value in the freedom of expression on Internet and judicial independence, and made a conclusion that they could be coordinated with each other.