On The Legal Regulation And Protection Of Network Expression

As one of the greatest invention of21stcentury, the emergence and popularity of internetprovides greatest convenience for people’s life. People can intuitively and easily getinformation, exchange ideas and express their concerns, based on which the burgeoningnetwork society is established. With the awakening and reinforcement of people’sconsciousness of right, the public needs and also desires expressing themselves. However,infringing expression appears which infringes the lawful right and interests of others, disturbsocial order and hence leads to chaos in network society. In recent years, relevant casesreported are too numerous to mention and have a potential of emerging in an endless stream.Therefore, making reasonable regulation for network expression and leading it to a normativedirection are necessary. After all, network society is the extension and expansion of realisticsociety.One of goals of introducing and implementing network real name system is to regulatenetwork order and purifying network environment. Therefore, the implement of network realname system plays an important role in regulating network expression reasonably.However, network real name system itself is a system with dense characteristic oftechnique. It requires users to register with their real and effective identity before expressingthemselves on the internet, which gives network real name system the function of locationtracking. Therefore, the public’s network expression could be controlled and tracked at anytime if network real name system was implemented, which can certainly attack internetinfringement and crime, but it is also a kind of pressure and burden for most “kind-hearted”netizens. Bearing pressure and burden, the public can not share their true opinions and evenrefuse to share ideas. Therefore, there is a need of providing legal protection for freedom ofexpression in the context of network real name system.The legal regulation and legal protection of network expression may seem contradictorybut that is not true. Regulation and protection both aims at making network society operateregularly and orderly, develop sustainably, rapidly and healthily and letting netizens fullyenjoy convenience brought by network, which is also the root of legal regulation and legalprotection.This paper discusses how to provide both reasonable legal regulation and legal protection for network expression in the context of implementing network real name system.The full text consists of introduction, text and conclusion. Text is divided into four parts:General theories of network expression are introduced in the first part. Firstly, definefreedom of expression from the perspectives of connotation and extension, analyze theimportant value of freedom of expression and discuss the limitation of freedom of expression.Secondly, expound network expression by focusing on its development process and its newfeatures compared to traditional expression and conduct a general discussion on the socialinfluence of network expression. This part mainly introduces basic theories in this paper.Network real name system is summarized in the second part. Discuss the concept anddevelopment of network real name system, how it is put forward, arguments on it and theessence behind those arguments.Legal regulation is introduced in the third part. Firstly, elaborate the legal basis of legalregulation; then analyze legal regulation by combining five typical events or cases; finallydemonstrate that network real name system is the important means of regulating networkexpression.In the fourth part, analyze how to provide legal protection for the freedom of expressionin network real name system, which is mainly discussed from three aspects: firstly, select foursocial hot spots happened in recent years to demonstrate the fact and risk of infringementcaused by network expression; then explain legal basis of legal protection for the freedom ofexpression in network real name system; at last, put forward some suggestions forsafeguarding network expression in the context of implementing network real name system.This paper starts with general theories of network expression, fully elaborates legalregulation and legal protection of the freedom of expression and puts forward suggestions onhow to regulate network expression and make network society operate healthily in the contextof implementing network real name system by combining typical cases happened in society inrecent years. However, legal regulation and protection of network expression is a complexand systematic project. In order to realize rule of law in network society, perfect legislationand judicial justice are required. Meanwhile, it also needs a reasonable role played by thegovernment, the guarantee of network technique and the improvement of people’s quality,which also brings up newer and higher requirements to network legal construction and willpromote the progress of rule of law in our country.