On Legal Regulation Of Speech On The Web In China

Speech on internet refers to the network information appeared on the political or other business. Digital,interactive and anonymous nature of these three characteristics of the network transmission of speech bring subtle changes to speech transmission. Speech on internet has provided new forms of freedom of speech.However,in recent years speech on internet caused many problems.Network remarks have violated the personal rights frequently.The speeches on internet have breeded ground for threats to social order and national security.What's more,in the network management process, the freedom of speech on network subjects to unreasonable restrictions.To address these issues,this essay takes the analytical value methods and empirical analysis as the main research methods.Have a look on values and internal logic of network-speech legislations.By sorting,separate the relevant legislations into the general rules for the speech and network-related legislations on the speech the two parts of speech regulation and focus on the latter. For the former,research from the constitutional,criminal, civil and administrative law on the regulation of speech,stage draw conclusions:there are shortcomings in legal provisions of the speech in our country.During the long legislative process,people's non-political speech is ruled by the civil law systematically.Political discourse has never been taken seriously.The reason is not only the imperfect market economy—citizens of the country in poor material life circumstances lack of enthusiasm for participation in political life,but also the limitations of traditional speech expressions—government documents, television, radio and other traditional information dissemination models, people are often scattered around the edge of the information center, but also only at a "audience" status, it is difficult to form a stronger voice to the formation of interaction and feed back.People's voices are often neglected in political life.Because the speech on internet is a manifestation of freedom of speech, the legislation also applies to the speech on internet.Rest on the analysis of specific provisions,there are several conclusions.From the legal form of view,the legislative level stands lower.From the legal perspective of view, the state management takes priority on protecting freedom of speech on network.From the rule of law of view, there are three main deficiencies in content of the rules about speech on the internet.A small number of legal rules,the lack of systemic and organic unity of the rules.Content requirements are more stringent, there is the lack of protection of freedom of expression.Compared with the traditional media, the relevant provisions of the speech on internet can not adapt to the network environment. Some concept are non-uniform. Some rules have legitimacy problems.For the above,this essay presents some comprehensive measures to the legal regulation of speech on internet.Hope that the improvement of relevant legislation will cause a reasonable regulation on free speech on internet.Here are some specific measures.Improve the legislative level and develop " Network Regulation Act of speech".The statutory define of the network concept of political speech and non-political speech.Fix some clear legal principles and limits on free speech on internet.Determine the relevant provisions of industry self-regulation.Determine the network of political expression of the real-name system.Increase the proceedings of relief on free speech on the internet.Administrative regulations,departmental regulations set rules under the "Network Regulation Act of speech" on Internet freedom of expression legislation.