Constitutional Thinking About Network Legislation

The network legislation speeding has not satisfied to the need of society in our country due to the high speeding of net technique development."Cyber manhunt" is a double-edged sword which is controversial, and "network violence" also tolls an alarm bell to the network legislation, at the same time, the protection of freedom of expression on Internet should also be strengthened. There are many deficiencies and shortcomings in our network legislation, so it needs improvements. As there is conflict between the freedom on Internet and the privacy rights of others, network legislation should do something to make a balance between them under the guidance of the spirit of the Constitution. The present thesis analyses the legislate questions of "cyber manhunt" and "network violence" in the perspective of constitution. As the "closure" type of protection which set by forerunners also limits the basic rights of other citizens, it is more reasonable to option the "shunt" type to limit the "Cyber manhunt". In view of the characters, purposes and the situation of our country, it is not the right time to put the Internet real-name system into practice. Therefore, on the basis of the existing network legislation, it is a more reasonable proposal to implement the specific implementation measures as an alternative to Internet real-name system.