Study On Network Supervision From The Constitutional Perspective

The Internet is known as "God’s gift",in recent years,it has achieved rapiddevelopment in China.It’s effect on social life is great,far beyond the anticipation ofpeople,but also greatly beyond the lawmakers’ expected vision.In the face ofincreasingly serious security situation of network,law obviously can not be absent.However,China’s current legal system can not meet the current needs of Internet,"no lawcan be depended on" is still a major problem faced by the network supervision inChina.And China’s network supervision is facing great challenges. It mainly in theconflict between the network supervision of government and the right of free speechand the right of privacy of citizen, and the conflict is increasing.Therefore, acceleratingour country’s network legislation process has been crunch time and our country’snetwork supervision systems need to be improved.This paper can be divided into five parts:The first part is “Network development and Chinese Network supervisionsystem”.It summarizes the history and current situation of the network and points outthe problems produced in the field of network. After study for China’s existing networksupervision system deeply.It analyses its causes and summarize Chinese networksupervision mode and its characteristics.The second part is “The challenges of network supervision in China-the conflictbetween citizens’ constitutional rights and government network supervision power”.Based on the analysis in case of conflict between certain civil rights and governmentpower in the real life, it points out some irregularities of the government in the networksupervision.The third part is “The analysis of the conflict between citizens’ constitutional rightsand government network supervision power”. By the analysis of the causes of theconflict between them, it gets the necessity of their conflict. And discover the root causeof the conflict is the absence of network legislation.It gets the conclusion that ourcountry must undertake the network legislation.The forth part is “The necessity of normative government network supervision inthe constitutional framework”. Based on the study of constitutional theory, it elaboratesits importance to realize the rights of citizens by restricting the government power andits study in the field of network supervision. The fifth part is “The monitor of Chinese supervision network system under theguidance of the constitution”.After analyzing the starting point and foothold of ourcountry network supervision and through drawing lessons from foreign networksupervision mode,it establishes the principles of legislation of network of China. Finally,I puts forward own suggestions for the construction of our country network supervisionsystem.In summary, the national level network legislation must take constitutionalphilosophy as a guide. In network legislation,we must establish the legislative principle.In the legislation,it must clear the border of governmental control,achieve the balance ofinterests allocation and pay more attention to the protection of citizens’ freedom ofspeech.