The Research On The Questions About The Logal Regulation Of The Network Speech Freedom In Our Country

Since human society came into birth,the freedom of speech has become the highest andthe most attractive aspire to all the people,the highest goal which is chased by all thecountries and nations in the world Therefore,the freedom of speech becomes important partof the right of the person.Nevertheless,it doesn’t mean the freedom of speech is an arbitrarypersonal right，it isn’t wrong and also shouldn’t be limited and standardized，but there mustbe a premise－don’t violate the dignity of both the group and indivials，don’t lead to somecontradictions among social groups,don’t do harm to the security and stability of thesociety,don’t lead to threat to the country’s democratic constitution and socialorder.Montesquieu said before;The freedom is a right that one can do everything under thelaw;a citizen is no longer processing the freedom if he or she can do something that bannedby the laws,for someone else has the same right.Nowadays human society steps into an Internet informational era with many kinds ofcommunications and media,new technology and businesses are blooming like blog,socialnetworking sites,instant communication tool etc.Suddenly,the ways people used to gaininformation widen,it’s more convenient to get and announce information on theInternet.The freedom of speech also extend to the freedom of network speech on theInternet.More and more people communicate and discuss with each other by thatway.Namely the Internet accelerates the mobility of the information,animates thecommunication and discussion among people,which provides enough rights for the citizensto conduct their rights.At the same time the Internet is making a greater effect on people’sproduction,living and working mode,some serious problems rise,for example,giving outfalse information, vulgal messages,bawdy,pornography,even some words showinghating and slander etc.These problems severely influenced the formation on good socialautomosphy,break the social morality and bring about the decline of the credibility on theInternet.On the basic of the shortage no the network speech,our country frequently hold the special action on cleaning the network speech these years.For example,"Large scale networkcivilization activities’‘Green sunlight network’ and so on.This September,the Supremepeople’s court and the people’s procuratorate published judicial interpretation on the Internetrumors,which consisted of ten provisions and began to implement officially on September10th.The interpretation provides detailed,exact and new legal basis of handling the criminalcases as rumor on the Internet standardly.Any freedom of speech has its legalboundary,even in the Europe and the United States,freedom has its clear penalty zone andexact limiting messages,its legal baseline can’t be broken anyway.If there is no limitingorder,request of the responisibilities and the basic respect to other’s rights,then,a person’s“absolute freedom ‘means ‘the absolute hurt ‘to others,so the ‘absolute freedom’is “a war thateveryone against everyone’.This not only isn’t right in the reality but also isn’t themeaning of free value people chased.Therefore,the freedom of network speech should beprotected by the law,but the unresponsible,giving out rumors and slander must beregulated by the law.In fact,the law set for the freedom of network speech in our country can tract back to1994called Regulations of the people’s Republic of China for safety protection of computerinformation system,then develop rich and prefect relative laws gradually at the basic ofpractice.But the regulation problem about the freedom of network speech in our countrydoesn’t functions well in the end.At real life,the abuse of the freedom of network speechhurts the rights of the person various degrees like the rights of privacy,rights ofreputation,rights of name etc.These disadvantages have threaten the citizens’ rightsseriously,including rights of freedom of speech.So we’d like to eliminate the threat by thelegal regulations of the freedom of network speech,nevertheless,how to set the limitations’boundary and how to definite the laws are tough problems and difficulties in the academicresearch,which directly leads to the rising of the legal regulation problem on the freedom ofnetwork speech.As for the administration,the authority called ‘visible hand’ has extended toowide and has managed so much and rigid that our social groups and organizations can’tfunction well.In actual operation exists disiocation,ectopic,defect and other loopholes,inaddition,the way on the regulation of the freedom of network speech is single;at the aspectof legislation,the scale is a little low and lacks of unified competent department,leading to the chaos on legislation of the ‘freedom of network speech’.As for the legal regulation on ourfreedom of network speech,what we lacks is not the ‘legal regulation’ but effective ways toregulate.The legal regulation on the freedom of network speech is a systematic problem,to perfectthe legal regulation of ‘the freedom of network speech’,we must consider its validity,long－lasting and persistent,use all kinds of methods,put them into practice in many scales andcomprehensive directions.