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The Legal Boundary Of We Media Expression Right

Posted on:2014-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:Q GongFull Text:PDF
GTID:2296330425978751Subject:The constitution and administrative law
Abstract/Summary:PDF Full Text Request
With the developing of Internet technology, our country has already entered since theage of the We Media. With Micro blog as the representative from We Media greatly enhancethe citizens’ ability and the ability to obtain information, no matter for personal fulfillment, orto our country the formation and perfection of democratic society has very important role.However, new things on the lack of guidance and constraint also can produce a series of badeffect. Many legal problems began to appear in the area of We Media. Among them, from WeMedia of virtual property, real-time, and anonymity features such as intensifying the field ofthis expression right and public interests, citizen privacy, reputation, the intellectual propertyrights of the conflict between prompted us to clarify these rights as soon as possible betweenlegal boundary, so as to guide the legislative and administrative law enforcement and judicialpractice, and for people to obey the law provide system clear legal basis. This paper attemptsto define related important concept, present our country related boundary defined dispute, aswell as foreign law to establish the boundary of the main principles, from our country lawformulation and implementation of the present situation, for our country to establish frommedia expression right legal boundary provides some feasible humble opinion.This article mainly from the following several aspects to discuss from We Mediaexpression right legal boundary problem: the first part is about the right of expression fromWe Media, this part, through the introduction of the " We Media " the new concept, thecomprehensive paper "expression right", and then the meaning of " We Media expressionright" meaning and nature to define. In addition, through compared with the traditional media,I summarized from the particularity of media expression. The second part elaborated on theright of expression from We Media three special value, it is respectively: improve knowledgeand obtain truth, maintain and improve democratic politics and maintenance and promote theindividual value. The third part points out that our country at present about from We Mediaexpression right legal boundary of some debate, mainly for having or not having legalboundary and “what’s the legal boundary”. The author aims to correct the wrong idea that WeMedia expression right exercise is absolutely free, and try to clarify the rights and relatedcould be conflict between the rights of boundary. The fourth part mainly introduces some of the more mature the countries all over the world since the establishment of the We Mediaexpression right legal boundary of the main principles, such as public interest principle,banned prior review principle, the obvious immediate danger principle, etc. In the fifth part,the author focus from public relations according to our country and expression right relatedlegislation made a preliminary statistics. Three points are: fundamental law, common law andnetwork special legislation. To sum up the related legal measures at present in our country,the existing problems in the article and the sixth part give some targeted, practical suggestionsand countermeasures, in order to make our country in the legislation, administration andjurisdiction, and other fields to better clarify from media expression right legal boundary,control restricted by the state, interference from media expression right "degree", theconstitutional right to systematic legal protection, so as to realize the both as an individualdevelopment of elements or the development of democracy of the cornerstones of theprotection of the right of expression, and give full play to its special value.
Keywords/Search Tags:Expression right in We Media, Legal boundary, Public interest
PDF Full Text Request
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