Legal Protection And Regulations Of Micro-blogging Speech

The appearance of Micro-blogging breaks the monopoly and limitations of traditional media, making expression change from centralization to decentralization and individualization. As an emerging communication platform, Micro-blogging develops rapidly to be a comprehensive service platform for all aspects of civic life from a single platform for social networking. Its mode of information transmission has the characteristics of immediacy, fission and other characteristics, as its speech of micro-blogging platform has the characteristics of freedom, concision, diversity and individualization. The appearance of Micro-blog meets the needs of modern life and the awareness of individual citizens, providing technical support for building a new network of public areas.Citizens use the means of expression to participate in discussion about politics and other social issues and to express interest demands and emotional concepts on Micro-blog. In order to protect the citizens’freedom of speech on Micro-blog for achieving constitutional building and the establishment of new networks in public domain, it is imperative to strengthen the legal protection and regulations of micro-blogging speech. The legal protection and regulation of Micro-blogging speech is reflected in every aspect of our legal system:as the fundamental law, the Constitution has established and protected the freedom of speech; Criminal Law, Civil Law, Tort Law and Public Security Administration Law and other common laws all have provided provisions for micro-blogging infringement; the legal system of information network made up of administrative regulations and departmental rules provides a basis for the protection and regulations of micro-blogging speech regarding the characteristics of Internet speech; the Explanation on a Number of Issues about Handling Criminal Cases of Slander by Using Information Networks formulated by Supreme People’s Court and Supreme People’s Procuratorate made detailed provisions for fighting against micro-blogging rumors and regulating Micro-blogging anti-corruption.However, there is still a blank area and a lack of systematization in the whole legal protection and regulatory system of China concerning this emerging network media. Based on the analysis of three typical micro-blogging speech cases, this thesis states many problems in the process of micro-blogging speech protection and regulation, including the absence of regulations and laws, credit crisis caused by insufficient government information disclosure, harm of "Pushing Hands", absence of management and a sense of responsibility in micro-blogging service providing group, absence of quality in Internet users and the expansion of "Internet violence" relying on the micro-blogging platform. These analyses provide the basis and direction for legal protection and regulations of micro-blogging speech.Through a comprehensive analysis of the current situation of China’s legislation and specific cases, it can be seen that our legal protection and regulations of micro-blogging mainly have the following problems:absence of legislation, absence of government regulatory system and shortcomings of the users and micro-blogging. To deal with these problems, we should take actions by improving the legislative system and establishing a new regulatory system. Firstly, we should rely on the Constitution and advanced foreign experience to build reasonable legislative principle, gradually improving separate legislation to establish a complete legal protection and regulatory system. Secondly, based on the characteristics of the Internet and micro-blogging, we should establish a comprehensive new regulatory system through comprehensive regulation on the government, service providers and the media and provide adequate protection for the freedom, equality and orderliness of Micro-blogging speech. China will overcome all kinds of shortcomings by improving legal protection and regulation system of micro-blogging speech, to guide the micro-blogging speech to the road of promoting social harmony and democracy.