Criminal Law Protection Of The Freedom Of Communication In The Network Environment

Modern communication technology, especially the rapid developmental of networkcommunication tools played a significant role in pushing forward the development of humansociety.on the one hand, these emerging network communication tools facilitate people’s lives,changing the traditional means of communication, and building a fast and comfortableNetwork communication environment; on the other hand, human society is confronted withsome new problems that high-tech cybercrime continually damages the networkcommunication environment and violates the freedom of communication between people.However, in accordance with the provisions of the current criminal law, most of the behaviorwhich violates people ’s freedom of network traffic, can not be included into the scope ofcriminal laws and regulations system. In the new network environment, we are facing with anew topic which has become a problem in he practice of criminal justice. That is Correctlyunderstanding of freedom of communication, continually strengthening the criminal lawprotection, identifying from the criminal acts of infringing upon citizens’ freedom ofcommunication in the network environment.In addition to Introduction,this article is divided into four parts, totaling approximately20000words:The first part is an overview about the freedom of communication in the networkenvironment. Firstly, the article defines the concept of freedom of communication, and thenby citing the provisions of our laws on the citizens’ freedom to explain our laws on theprotection of citizens’ freedom and citizens’ freedom in our legal position, and finally,elaborates the expansion and characteristics of freedom of communication in a networkenvironment.The second part is about the criminal behavior that violates the freedoms ofcommunication in the network environment. This section sets out the changes of the mainbody, subjective and objective aspects which violates the freedom of communication in thenetwork environment。Therefore，from the subject and the subjective aspects of violativebehavior, this section focuses on the specific expressions of the t behavior that infringescitizens’ freedom of communication in the network environment, including the following three aspects:①using network communication tools to send and receive content for theinfringement behavior;②behavior network communication tools for a crime against aperformance;③network communication tools account for the behavior against objects.The third part is the theoretical analysis on the freedom of communication under thecriminal law protection in the network environment. This part in accordance with theprovisions of the existing legislation, analyzes the direct and indirect relevant crimes ofinfringing upon citizens’ freedom of communication to the charges,and clears the status quoof the protection of citizens’ freedom in the network environment by the existing legislation.Next this part analyzes the necessity to protect freedom of instantaneous communications bythe criminal law and whether network communication tool Operators is criminal responsors intheory, and concludes the limits of criminal law protection of freedom of communication inthe network environment, the inflexiblity of subject behaviour, the dilemma of the scope ofresponsibility of responsors. Finally it puts out the countermeasures of protection under thefreedom of communication Criminal Law in the network environment.The fourth part is the conclusion of the article. on the basis of the entire article,Theconclusion summarizes the main points of the article, pointing out the lag of criminal lawrules. according to the provisions of section252and253of the Penal Code, range limit onviolation-communication object is too narrow and the regulation limit is too inflexible, whichreflects that the existing criminal law can not fully protect citizens’ freedom ofcommunication in the network environment. In view of this, conclusion suggests that China’slegislative department should improve the penal legislation and judicial explanation as soonas possible; the state authorities should also actively improve the administrative legislation;meanwhile, relevant authorities should establish a criminal case guidance system of typicalcases as soon as possible for the crime that violates the freedom of communication in thenetwork environment, providing a legal and judicial support for criminal law protection ofcitizens’ freedom in the network environment.