Study And Analysis On Network Communication Freedom In The View Of Comparative Law

Freedom of communication is an important fundamental right recognized by the constitutions of various countries, which is closely related to personal freedom, freedom of expression. The constitutional guarantee on freedom of communication is directly related to the realization of other fundamental rights of the citizens. After World War II, along with the development of information technology and computer technology, humans began to enter the information society, network communication is gradually replacing the traditional means of communication as the most basic means of remote communication. In the Internet era, on one hand, the citizens’ freedom of communication has been greatly improved, communications content has been enriched and communication space is broadened; but on the other hand it also presented many challenges to the protection of the freedom of communication, public power is using more and more technical means to limit the freedom of communication, relief obstacles is occurring to tort and crime for a violation of the freedom of communication in the network environment. Therefore, in the Internet age, the effective protection of citizens’ freedom of communication is not only becoming the hotspot of constitutional studies as the subject of protection of fundamental rights but also becoming increasingly important in terms of the legal adjustment by Civil Law and criminal regulation.Relatively speaking, in Europe where the information technology is at a very high level, it has made certain achievements in the establishment of legal system on the protection of network communications freedom. Reviewing both EU legislation and the legislative of major European countries, there is much to learn from them. It is worth mentioning that as a region with the highest level of regional integration globally, Europe provides a state-of-the-art sample in terms of the legislation on international protection for network communication freedom which is a fundamental right with no geographical restrictions. This article starts its writing on the point of the right nature to freedom of network communication, divided the protection method into three levels, public law protection, private law protection as well as criminal penalties. Combined with some legislation cases from European countries, this article analyses how we can make a better protection on freedom of network communication in the situation that many issues like rights conflict and weighing on public interests arise along with the free development of network communications. Overall, this article is divided into four parts:The first part is an analysis on the concept and nature of network communication freedom, mainly discussing its status as constitutional rights and its nature as civil right, which is the basis to implement comprehensive legislative protection on network communications freedom.The second part is to make a comparative study on the legislation form of network communication freedom, mainly focusing on International Convention protection for the network communication freedom as well as related legislation from some European countries, in which the regional international protection regulations, the European Constitution recognition, specific law protection and Criminal law Regulation is worthwhile for China to learn.The third part analyses some issues brought by the development of network communication freedom such as rights abuse, rights conflict and the tension between it and public authority. The protection of network communication freedom should focus the legislation on the above issues accordingly.The fourth part is study on the protection route for the network communication freedom to address the mentioned problems, Since it is recognized as a basic right to be constitutionally guaranteed, specific legislation protection should be implemented in reaction to different violation behaviors of different natures on network communication freedom.