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The Legal Regulation Of The Network Assdciation

Posted on:2013-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:F GuoFull Text:PDF
GTID:2246330374981143Subject:Law
Abstract/Summary:PDF Full Text Request
The Internet era changes the way of human existence, life and production, and provide a wider space for the development to the citizen right of association. With the popularity of the Internet and network technology’s progress, more and more community organization appeared on the network. They acquaintance, contact, exchange ideas quickly, sharing resources and expressing interests through the Internet. These organizations are different from traditional societies. They have some distinctive features, such as stronger organization, virtual and without time restriction. The citizens join in community activities and express opinions, through the network. Some network association does not meet in a virtual space. They show very strong practical ability, and even affect the distribution of interests and the reality of the policy.The network society extends the survival and the development space of the human, and provides different environment for the production of human life. These organizations are different from traditional societies in the region, openness and interactivity. These unique features include several aspects. One is the diversification of means of the right of association. In the network world, people form a community through diverse ways, and broad network communication platform. The other is the association’s convenient, real-time, interactive, and beyond the limit of the space. Network users communicate with every one in the world on the topic of interest, and form associations based on the common purpose. Association become more and more of freedom and equality. Anonymity as a notable characteristic of network association makes people keeping communication and do not worry too much. people also need not consider wealth, power, identity, social status and looks. It makes the communication freedom and equality. Association has more diverse and complex content and form in the network. The complexity and paperless in the network decided network’s diversity and complexity in the content and form. Association dimensions expands ceaselessly, and the effect is increasingly apparent.Network association has more characters such as low cost, hard to be responsible, which makes conflicts between the rights of association and other right, but the existing systems of association does not clearly defined the boundaries between various rights. This paper analyzes the advantages and disadvantages of network association, focusing on challenges from our association management system.They include network infringement frequently, the lack of effective supervision and control, illegal activities, threaten to the stability of the society and so on. At present, the rights of association have a lot of problems in design of legislation and legal system in our country, so they cannot satisfy the need of the development of society, especial to meet the needs of network association. This paper summarizes problem from the network association case in our current association management system, including legislative lag, the threshold high of societies registration, lack of supervision and so on. Our country has not specifically laws to supervise the social groups now and has not special government agencies to control the network organization’s establishment, activities, organizational structure. Network association self-discipline mechanism is not perfect, and lack of legal basis of responsibility. Association lack of related legal system about Internet in the complex network environment. Right of association in the network world proposed the severe challenge to our legal system of the right of association. The author put forward to proposals to perfect the of association management system, including making laws of assembly association and related legal regulation, changing the establishment of exclusive agency, fighting crime and so on. This paper has three innovations. The three legislative guiding principles, including rights protection, the need for intervention and strengthen self-discipline. One is to strengthen initiative of government supervision to network association.The last is to establishes laws including the community activity, aiming to make up the legal blank.
Keywords/Search Tags:The internet age, The network right of Association, Communitymanagement system
PDF Full Text Request
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