The Protection And Guide Of Freedom Of Network Speech

Freedom of speech is the basic political right and freedom of citizen,is the right ruled bylaws in many countries.Our country’s constitution also rules that citizens are endowed withthe freedom of speech. With the development of the network，freedom of speech has found anew way of realization.Freedom of network speech is extensively exercised and has aprofound impact on social life.As the influence of network speech is increasing in the political,economic,cultural and other social aspects,the voice of protecting or restricting the freedom ofnetwork speech is also increasingly high. This article believes that the network is therealization of freedom of speech, freedom of network speech is also freedom of speech in thelegal sense.This article will put forward the opinion that the freedom of network speechshould be protected rather than simply limited by analysising the concept, characteristics andfunctions of the freeom of network speech; propose the suggestions about legislation,administration of justice according to the conservation status of freedom of network speech inChina and by combining the theoretical principles and practical experience both at home andabroad; present my views on controversial issues in recent years such as human flesh searchand network real name system(NRS) after analysising them.This article contains five parts.The first part focuses on the analysis and characteristics of the concept of freedom ofnetwork speech. I will elaborate the concept of the freedom of speech first of all, and thendescribe the rise and development of the Internet as a new way to achieve the freedom ofspeech, the freedom of speech and the network combined with the formation of this new formof freedom of network speech,finally,propose the concept and characteristics of freedom ofnetwork speech.compared to the traditional freedom of speech.The second part describes the value and disadvantages of freedom of network speech,which is the reason to protect or to limit freedom of network speech. Freedom of networkspeech is a double-edged sword, which can not only protect the civil rights, social justice,butendanger national security, infringe upon the legitimate rights and interests due to misusedand abused.The third part focuses on the reason to limit freedom of speech and limitation principlesboth at home and abroad,puts forward the opinion that the freedom of network speech shouldmainly be protected instead of simply limited. Freedom without boundaries can not become a freedom.There are many principles of restricting the freedom of speech,such as “clear andpresent danger” and “the principle of the balance of interests”.We can’t blindly follow ortotally deny those principles,instead,we should consider the theory and realitycomprehensively, weigh the pros and cons.The fourth and fifth parts are emphases of this article.In the fourth part I will firstlyintroduce the characteristics of protecting and restricting the freedom of network speechabroad,taking the legislation of the United States, Germany and other countries asexamples,and then analysis our country’s conservation status of the freedom of networkspeech in the legislative, judicial and administrative aspects,lastly,put forward the point thatthe freedom of network speech should be mainly protected and propose suggestions aboutlegislative, administrative,and judicial,of which promote legislation to protect the freedom ofnetwork speech is the most important.In the fifth part I think we should appropriately guide the freedom of network speech andat the same time present my views on controversial issues in recent years after analysisingthem.In my opinion there is no necessary to carry out the legislative restrictions about humanflesh search,which is able to play a more active role in good environment of internetmorality.As for network real name system,my attitude is limited support.We should becautious in promoting the NRS,try to find a best way to achieve the NRS on the basis ofimproving the theory and trial constantly.