Freedom Of Speech Legal System Evaluation In The Network Environment

As a fundamental right of freedom, freedom of speech is the important premise and guarantee for citizens to exercise the other rights of freedom as well as the element and foundation of democracy. It has a significant impact and constraint to the politics, economy, culture, science and technology and even the spirit and accomplishment of national citizens.However, while people are still exploring in ways to draw on the advantages and avoid disadvantages of exercising the freedom of speech, the internet age with increasing communication and rapid development has not only brought a broad and free platform to freedom of speech, but also strengthened the conflict between gains and losses caused by freedom of speech in a certain extent as well. To this end, people begin to review the positioning and value of freedom of speech. The relevant solutions such as the real-name system in internet have been proposed, which leads to more and more controversy. In any case, the protection and restriction on freedom of speech in the internet environment has brought new problems and challenges to people in moral, political, legal, institutional and technical aspects.The paper is divided into five chapters. Chapter Ⅰ is a brief introduction to freedom of speech and its legal system, describing the historical evolution, definition of concept and connotation. On the basis of such introduction, the author further discusses the content regarding the legal protection and restriction of freedom of speech. Chapter Ⅱ, the legal system of freedom of speech in internet environment, focus on the features of internet differing from other medium, which refers to no centre, interactivity, diversity and anonymity. It also analyzes the development of legal protection and restriction of freedom of speech in the internet environment in order to cope with the evolution of value and interest conflict of freedom of speech. Chapter Ⅲ summarizes the current situation and measure to the legal system of freedom of speech in internet environment in our country, which leads to the proposal, development and disputes of real-name system in internet. Chapter Ⅳ is an overview and comparison of overseas legal system and judicial practice in aspect of protection and restriction of freedom of speech in internet environment. The author also makes comment on different legal systems on basis of its national condition. Chapter Ⅴ is the thinking of current condition of our country with regard to the lack in legal system of freedom of speech as well as the dissenting opinions towards the real-name system in internet. The author also proposes the suggestion in development of legal system of freedom of speech in connection to the above analysis and overseas experience on how to improve the freedom of speech issue in internet environment in our country.