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The Conflict Of Citizen Network Freedom Of Speech And Privacy Protection

Posted on:2017-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:B Y ZhaoFull Text:PDF
GTID:2296330488954986Subject:The legal profession
Abstract/Summary:PDF Full Text Request
With the development of information technology,The exercise of freedom of expression has not only confined to the traditional form,published online speech began to become an important way for citizens to exercise their freedom of expression. Protection of citizens freedom of speech can not only promote social progress, but also can promote the development of political civilization.Freedom of speech has anonymity, convenience and influence other characteristics.Privacy as a fundamental human rights of citizens by the state and more and more people’s attention.More and more countries will privacy written into the constitution.Including the right to privacy and private life secret private life of citizens and so peaceful.Protect the privacy of citizens can make the personal dignity of citizens be better protected.But with the development of information technology,the contradiction between freedom of speech and right to privacy of citizens more and more prominent.How to balance the relationship between the two, contradictory collaboration network between freedom of expression and citizens’ privacy has become a focus of national legislation.Our network is lagging behind for freedom and citizens’ privacy legislation, and therefore the conflict between the two common, and more and more prominent.How to balance the contradiction between the two has become a focus of our legislation.This paper aims to analyze the performance of network conflict with the freedom of expression of citizens’ privacy and the functions of government, to determine both the principle of conflict resolution.Adhere to the principle of balance, interest override, the principle of legality and the principle of proportionality in legislation and law enforcement, and also refer to the relevant content of the legislation the United States, Germany and South Korea combined with the actual situation in China to carry out legislative work,learn from common law to establish a typical case of strengthening public awareness of the law, and explore the internet users anonymity combination to strengthen the network supervision functions and role of the government in order to guide the development of network technology to solve the conflict between freedom of speech and right to privacy of citizens.
Keywords/Search Tags:the freedom of speech on Internet, the right to privacy, citizens, conflict of rights, resolving mechanism
PDF Full Text Request
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