Study On The Legal Regulation Of Network Speech

The Internet has its own characteristics, such as rapid propagation, breaking through time and space.It has both tools available properties, but also has social public space attribute. Microblogging readily forwarded not upon confirmation of the circle of friends "turn not" the news, forum wearing a waistcoat of hot events in "triggered public anger" parties criticism, "human". A willful act of internet users in the network may encroach on the legitimate rights of others, and disrupt the normal order of cyberspace, even make their own become illegal and criminal acts of the accomplice invisible. As in the real society, the citizen’s speech exercise needs to be regulated by law, and the legal rights of the legal protection of the social relations, which are protected by the law. In general, the network of speech and regulations, including the protection of legal opinion and restrict illegal speech two aspects. Network speech regulation is to protect the full exercise of the rights of citizens’ rights, is conducive to the construction of a harmonious society.In today’s world, Britain, the United States, Germany, Korea and so on are the citizens’ freedom of speech rights into the constitution or constitutional documents, for their own protection. In the fight against the network, in recent years, due to the spread of social media in recent years, a large number of harmful information on the social order caused by huge damage, the United States and other countries, in addition to the network infringement of the right to limit and punish, have increased the network social platform for supervision. For historical issues of reflection, Germany on the scope of the network is more stringent restrictions. South Korea’s first network of real name system to regulate and control measures of controversy has continued to draw for the multinational. By observing the legal regulation of foreign network speech can be found, as a traditional expression in the network space, the right to freedom of expression of the network is being continuously cured by the law of the national constitutional right. Countries continue to refine the legal protection of the network and illegal restrictions on the border. In the countries to intensify the fight against terrorism background, Britain and the United States and other developed countries under the pretext of maintaining national security on the freedom of speech on the Internet to increase monitoring efforts. Countries continue to refine the legal protection of the network and illegal restrictions on the border. In the countries to intensify the fight against terrorism background, Britain and the United States and other developed countries under the pretext of maintaining national security on the freedom of speech on the Internet to increase monitoring efforts.China’s Internet development is relatively late but developed rapidly. Due to the social reality in existence between people trust degree is reduced, "negative thinking" serious, blind conformity psychology, coupled with Internet users in China are mostly unstable teenagers worldview, network space time chaos, network rumors, rumors, the use of network wantonly violated his privacy, reputation and other rights and interests of the events are more common. As the two aspects of legal regulation, the legal protection of the legal expression of the network is relatively simple, the prohibition of illegal expression is more detailed. In order to effectively regulate the order of cyberspace, the supreme law for the introduction of a three specialized regulation by information network for illegal and criminal acts of judicial interpretation, the imminent implementation of the criminal law amendment nine cases also increased the network rumors, rumors on new charges.The analysis can be found that the legal provisions of the regulation of the network, the main existing problems of four points:To restrict the illegal acts, the lack of relief channels for the affected persons, the legislative attention to the protection of the overall interests of society and the state, the protection of individual rights, some laws and regulations, especially in 2000 and after the introduction of intensive state administrative regulations and departmental rules.. In judicial practice, the punishment of illegal speech mostly warnings, fines, detention order and so on several measures, regulation applicable to criminal punishment, criminal detention, imprisonment measures such as less and less. Low cost of illegal to bring the risk of illegal behavior increased.In view of the current legal regulations of China’s network of many problems, the corresponding improvement measures are mainly divided into four points, First, to maintain the normal order of network space, to stimulate the network social vitality, the need to further strengthen the Internet users privacy, reputation and other rights after the relief efforts; second is to uphold the principle of equality of law, to achieve the equality of legal protection of the country’s overall interests and individual rights, again is to further refine the existing network of legal provisions, to more effectively regulate the network illegal speech act; In addition, the legislators need to continue to innovate the legal regulations of network speech, and the effective measures to absorb the law into the law, more effectively maintain the vitality and vigor of the network space, and promote the prosperity of the network society.