The Freedom Of Network Expression And Its Limitations Research

Freedom of expression is a milestone to the development of the modern country's democracy, which is an important channel for the mankind to pursue the freedom and liberty. In order to express freely, the human beings continue overcoming all kinds of limitations on the technology even politics, and have invented several of expression tools. As one of the greatest inventions in 20th century, Internet has changed the humanity's thread and model of information communication greatly, and has brought about the institutional innovation far beyond the information and environment domain at the same time. The existence of every new kind of expression tool is an extension of man's communication ability, however, will result in the diverse expression freedom problem while it extends and promotes the humanity's expression ability.Harmonious society itself should be a country with scientific and effective benefit expressing system. Of course, it also must be definite that there never have been absolutely unlimited freedom in the world, and it will never change a little with the appearance of the Internet, a more free expression media and platform. States have the obligation to ensure citizens' freedom of expression within the legal limitations, also has the power to limit the abuse of freedom of expression. It is far from enough that we insist only on the "freedom of expression is not absolute" and "Government should and have the right to restrict freedom of expression", we also need to analyses the involved issues in detail as soon as possible. This is the key to turn an abstract principles of freedom of expression into practical meaning, is the precondition to ensure that government does not abuse power to restrict the freedom of expression randomly and arbitrarily. Precisely because of this, it become a worth thinking issue that how to limit and regulate the exercise of the right to freedom of expression. View the development with a free perspective; ensure the freedom with a developing view. Faced with constitutional transition period and the conflicts of interests and social contradiction that cannot be ignored during the fierce social reform, the freedom of network expression and its limitation has a strong practical significance of discussing.This article seeks to highlight and reiterate the significance of the freedom of expression to the rule by law China's constitutional construction and in the precondition that "freedom must be restricted" it will sort out and reflect on the current method of limiting the freedom of expression, and stand on the problem of "How to limit" to establish the basic idea of "limitations in the protection of the premise, restriction is to better protect" to provide theoretical reference for our constitution's basic guarantee and practical relief reference to the freedom of expression.The first part of the paper talks about the freedom of expression and constitution which are the core basic of the freedom of network expression t. These include "What is freedom of expression:the concept, characteristics and historical evolution," "Why should freedom of expression be free: Thinking Dimensions and the approaches to understanding "and "what the expression of reedom rely on:the protection and restrictions" and three main issues. The second part of the paper focuses on the theory and practice of the network expression. Starting with the concept of freedom of expression and its specific characteristics, this part cares the actuality and problems in China's freedom of network expression analysis of typical cases. In the third part of the paper are the securities and limitations of the freedom of network expression. It is discussed on the "analysis and reference from the extra-territorial legal system of freedom of expression network expression" and "the local securities and restrictions of the freedom of network expression " two aspects.The fourth part is the policies exploration.