The Case Analysis On "Encountering Arrestment By Cross-province Police Because Of Posting Online"

In recent years,the slandering cases about "posting online or using cell phones" are happening constantly,and the people dare not to comment on governments' illegal administration and discuss politics on the Internet randomly because of facts that some people have been arrested or interrogated.And,in a period of time,people are afraid to do so. This phenomena are abnormal in a society in which the ideas of democracy and the rule of law have enjoyed popular support. After all, the Internet is also an effective channel of communication for government and citizens, an important window from which,the government can understand public opinions and pay more attentions to people's livelihood.Although posting online has broadened the coverage of reporting with words and pictures, but, comparing with traditional channels though letters and visits,it is still exercising constitutional rights,such as the rights to criticize, advise and monitor. what is worse, the person doing this have been arrested or sued for crime of defamation, the reason is that whether those rights were exercised on the Internet and smoothly,the behavior of posting online can be recognized by the authority or not.The Internet brought about some problems on freedom of expression, however, there is no substantive difference with other transmission media in content and form, the key is whether the relevant legal provisions are understood and judged correctly.And in this process,the advantages between the local governments and citizens of exercising freedom of speech are conflicting and coordinating.Therefore,it is necessary to find the legal basis for citizens to exercise constitutional rights using posting online,and the local government will not trample on basic civil rights of citizens by violence from now on.This paper focused on the selected case,discussed triggered legal disputes,meanings and values of the rights to freedom of expression and the rights to criticize and make recommendations in detail, elaborated the formation of crime of defamation, defined related legal concepts reasonably,summarized some reason about the case,and proposed some positive coping strategies and legislative proposals. I hope to arouse thinking and cognition of legal researchers and authorities again,and arouse the whole society to esteem their basic constitutional rights, especially, local government can give protections for this kinds of rights.The article is focused on the case choosed to come to a conclusion on the basis of referring to the relevant similar cases,but the analyses and definitions of this case and other related cases are only academic studies,so its feasibility needs further validation of the practice.