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The Way To Solve Disputes Of Network Supervision

Posted on:2009-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:S G FanFull Text:PDF
GTID:2166360278954348Subject:Law
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In this paper, the first part puts forward the idea of this paper through two cases, which arose our thinking. That is to settle disputes happened in network supervision depends on improving the legal system and related questions, including network supervision systems and related systems, such as the Administrative Procedure Law.The second part of this article discusses a detailed understanding of disputes, law issues of network supervision, brought by network supervision. Disputes in network supervision come from the infringement of network supervision, and the is because of the conflict between network supervision and civil rights. Conflict can behave conflicts of network supervision and citizen privacy, conflicts of the network supervision and right of citizens to freedom of expression. To prevent infringement of network supervision, the network supervision must be conducted under the supervision of a degree. The protection of privacy on the network must follow the principle of balance of interests; handle the coordination of national interests, public interests and personal interests of the balance between privacy. Internet real-name should be limited to only part of the area should not be a wide range of.The third part focuses on the way of administration litigation to resolve the disputes in network supervision, and it is the main way. The scope of accept a case in China's administrative litigation is too narrow for the existing provision, resulting in some of disputes in network supervision can not be solved, which is not conducive to the protection of the fundamental rights of citizens. As a non-regulatory network supervision and network supervision aggrieve political rights of citizens need to be included in the administrative proceedings by the case. To expand the scope of administrative proceedings by which the legislative and technical aspects of legislation a matter of principle, the need for extensive and standards of conduct to be guided so that more civil rights relief.The forth part answers the aforementioned problems, improve relevant legal systems is the necessary way to resolve the disputes in network supervision better. First of all, should improve the network supervision systems, we can make a "Network Law", the main regulation on the citizens of cyberspace network behavior and other space-related activities, it also regulates governmental network supervision. Also, administrative actions arising from the dispute should be primarily through the administrative procedure law to solve, the Administrative Procedure Law to expand the scope of accepting a case will help resolve the dispute.
Keywords/Search Tags:network supervision, infringement of network supervision, the way to solve problems
PDF Full Text Request
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