Worries And Thinking Of The Right Of Discourse In Network

In 2005 it occurs that Shan Zhidong sues the Shanghai hot-online, this document becomes the first document of the right of discourse in network, this newborn concept has introduced "the right of discourse in network" to our field of vision. The French jurist Michel Foucault most early proposed the viewpoint "the discourses are the power" in "the order of Discourse", from this time on the right of discourse starts to become the hot topic of the legal science research. This article embarks from the concept of the right of discourse, and introduces the theory of Michel Foucault, then analyze the relation of the "discourse" and the "power" in the theory of the right of discourse. And then introduces the concept of the right of discourse in network by the discourse theory. We can simple understand the right of discourse in network for the right of discourse which takes the network as the platform, and forces to the real life.Along with the high speed development of the network, the question of the right of discourse also become more and more prominent, and cases of the right of discourse in network appearance, the right of discourse in network becomes realistic question in front of our Jurisprudence person. As a realistic existence, the right of discourse in network influences not only exists to the hypothesized cyber-space, but also is closely linked with the real life. First the existence of the right of discourse in network is inseparable with the Internet. Internet is equal, anonymous, interactive, and the information overload in it, all of this affects existence and the realization of the right of discourse in network. Although the network has realized the dispersing of the center of the discourse, and make the people to be free of speech, but we also needs to pay attention to that the right of discourse in network is different with the freedom of speech in network. The significance of the right of discourse in network is not only the publication of free speech, but also involving the reality through the network platform, then realizing the discourse to be a kind of power. But the realization of right of discourse in network is closely linked with the freedom of speech in network with no doubt. It can be said that, the network open gate of the convenience for realizing the freedom of speech, and the freedom of speech in network has provided the possibility for the right of discourse in network. The humanity has been to pay attention to the concept "free" since we entered the civilized time, and the freedom of speech becomes directly manifests of the freedom of the humanity. The network is a new field of the freedom of speech, The concept of speech have already broken through the traditional boundary and extends to the hypothesized space. The network which is a hypothesized open style space has given the new characteristic and the expression of speech. But the fault of speech in network has also initiated the freedom of speech the network against with the rights of citizens and the power of states. Public opinion in network which is formed by the freedom of speech in network is not equal to the public opinion, the right of discourse in network release for public opinion in the network has its own malpractice. The right of discourse in network has own characteristic, it can realize the direct expression, the blending of disseminators and audiences, the core of subject and discussion of populace in one topic which introduced by Communication and causes widespread social attention. The right of discourse in network has the unique structural style itself, and has the corresponding subject, the object and the carrier. In the procession of realizing the right of discourse in network, it appears that the right of discourse in network loses the standard as a result of network dissemination characteristic. This article bases from the concept of losing the standard and analyzes the performance and the reason of the losing the standard of the right of discourse in network, and has drawn out to regime the right of discourse in network. We may know from the concept of "regime" that, to regime the things is not having one subject but having multi-level. The right of discourse in network has all sorts of problems as a result of its spontaneity, urgently needs the standard. But if we just emphasis the standard of country system, can initiate the inflation of the power of the states, then threatens the democracy and the freedom in network. We must realize "Rule by Law", "Rule by Morals", "Rule by Technology" if we want to regime the right of discourse in network reasonable.This article certainly does not lie in proposing the concrete systems and methods to solve the question of the right of discourse in network, but to propose my own worries and thinking when faces this kind of newborn things like the right of discourse in network.