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Study On Internet Freedom Of Speech In China

Posted on:2013-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:L X ZhangFull Text:PDF
GTID:2246330362474184Subject:Law
Abstract/Summary:PDF Full Text Request
The road of the rule of law in China, the protection of citizens’ fundamental rightstheory and the proper theory of constraints is very important and basic rights ofvulnerable groups hinder the status quo should be given adequate attention.This thesis is divided into two parts, first part include a thorough combing the basicconcepts of the Internet, freedom of speech, so that behind the theory of freedom ofspeech is the citizens through a variety of languages, uncensored, freedom of the rightto publicly express their views and ideas on political, public affairs, Freedom of speechis a basic constitutional rights enjoyed by citizens belong to a kind of political rights. Itis negative or critical view of things;, content and mode of transmission without unduereview. Secondly, Compiled several views of the origins of freedom of speech and themain theories, the three theoretical basis for democratic self-government on freedom ofspeech. Again, discusses the social consequences of the lack of freedom of expression.The second part is subjected to undue restrictions around the Internet in China, firstof all discusses is the legitimate and rationale restrictions of the Internet freedom ofspeech, advocates: either theory or practice, government legitimacy and the necessaryrestrictions on improper freedom of expression. From a constitutional perspective, thelegitimate restrictions on Internet freedom of speech standards, including: restrictionsbased on the constitutionality of the limit of due process, limit the means of theprinciple of proportionality, as well as judicial protection. That: the above criteria tomeasure the status of China’s Internet restrictions of free speech is reasonable and inline with constitutional philosophy. Finally, the obstacles to freedom of speech on theInternet in China, explained that the limit means the limit invalid and improper means,summed up the six characteristics to summarize China’s Internet control features:1,aprior review (cut off access keyword filtering);2, not openness and randomness;3,administrative direct intervention;4, the lack of judicial protection;5,English content isrelatively less censor;6, political public speech is the focus of the censorship. Last notthe least, the negative social effects which lead from undue restrictions are discussed.That: China’s Internet undue restrictions on freedom of speech, is not conducive to theestablishment of the government’s reputation, also is not conducive to building a cultureof civil society, rule of law. It is a more harm than good choice for the government and the country’s future.
Keywords/Search Tags:Internet freedom of speech, Legitimate restrictions, Internet censorship
PDF Full Text Request
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