On The Criminal Regulation And Boundary Of Internet-Speech

With the rapid development of network technology makes the network occupy the important position in people’s life, so it becomes the important carrier of speech. Therefore, the protection of citizens’ rights to freedom of expression is inseparable from freedom of speech, freedom of speech is important to ensure network protection of human rights. But in cyberspace, the network has no center, anonymity, immediacy, and the boundaries of private and public sphere is not obvious characteristics. Thus, when the private network users to post comments in cyberspace, tend to make the majority of people do not become a specific audience, quietly into the public domain. Improper remarks likely to harm the interests of the national community, or others, and then choose to use the criminal law regulating online speech legitimacy.Network inappropriate remarks may infringe national security, public order and morality and personal reputation and other interests, the existence of the network’s remarks as all the chaos and lack of reverence for the existing network rules, if not seriously, let it spread Wuhu Development, will bring danger to society. Thus, we need to resort to the criminal law to regulate the network inappropriate remarks. The method described in the theoretical and empirical analysis using a combination of value analysis method, demonstration criminal regulation networks inappropriate remarks necessity and feasibility.But criminal law, after all, means the most stringent regulations, especially concerning a network of free speech protection of human rights for criminal regulation means certain principles must be based on the principle of proportionality and the principle of balance of interests, limited scope to criminal law. And we should delineate a reasonable standard of incrimination in the specific circumstances.