Font Size: a A A

Criminal Boundary Of Freedom Of Speech Under The Background Of Internet

Posted on:2017-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:T T GuoFull Text:PDF
GTID:2296330488953285Subject:Law
Abstract/Summary:PDF Full Text Request
Freedom of speech is a fundamental right of human beings, and it has a lot of social value. With the development of the times, breakthrough of science and technology revolution, the freedom of speech has some new meaning and characteristics in the context of the Internet, and the social problems also emerge in an endless stream. Internal, this is the embodiment of the value conflict between the individual constitutional rights and social rights. The criminal law is necessary to regulate the abuse of Internet freedom of speech acts. Therefore, in order to better understand the Internet free speech rights, and to regulate the abuse of freedom of speech on the Internet, The research of criminal boundary of freedom of speech has important significance.The significance of this paper is mainly reflected in the following aspects, In the general meaning of the discussion of freedom of speech on the Internet, combined with social hot cases, we found that the value conflict between the freedom of speech on the Internet and the social public order, is becoming more and more serious with the development of Internet technology. At the same time, there are some inappropriate situations in the process of the application of criminal law. The reason is the lack of relevant laws, the improper judicial interpretation, and the abuse of the power of the government. The deeper reason is the legal theory analysis of speech on the Internet is controversial, which affects the accurate application of the abuse of freedom of speech on the Internet behavior law. In this case, this paper argues that it is necessary to show the boundary between the freedom of speech and the criminal offence. To resolve the problem, we should take the protection of the constitutional rights as the center, the criminal law regulation of the abuse of rights act as reference.Clear legal standards will give us a clear answer to the question. We can clearly understand what kind of Internet freedom of speech act is not in the scope of the protection of the constitutional rights through the terms of the charges set by the criminal law. On this basis. this paper sorts out our criminal law on the freedom of speech constitutes a crime of 41 charges. The criminal law amendment nine has been added to the Internet free speech crime charge Terms, however, it does not cover all the criminal charges system. The regulation of criminal law on freedom of speech on the Internet and further development is necessary, but this paper argues that this kind of abuse of Internet freedom of speech acts of criminal law will not appear in the current for a long period of time.
Keywords/Search Tags:Freedom of speech, Internet space, value conflict, regulation of criminal law, boundary points
PDF Full Text Request
Related items