Legal Regulation Of Expression In Cyberspace

In cyberspace space era, the only thing you need to express your opinion is a computer and a network cable. Cyberspace is open space so that users can decide when and where to express their opinion through it. Here we can abandon portal and do some equal communication anonymously. Cyberspace allow citizens to express more conveniently, exercise freedom of speech. But many problems occurred along with the emergence of cyberspace, such as the damage to reputation caused by false speech, the violation to the right of privacy through “human flesh search”, the adverse impact of social order and public security caused by the inflammatory statements, etc. In order to regulate the cyberspace, government has carried on some administrative regulation, such as setting up a special department to monitor the opinion on cyberspace. Legislators also set up judicial interpretation. But these measures do not work well. The reasons that why things end up like this is complicated. First, there is no legitimacy foundation since the government regulation cyberspace only on normative documents and judicial interpretation. It’s difficult to control the degree of administrative regulation. The border of reasonable regulation and excessive regulation is too fuzzy. This article based on the perspective of legal regulation and try to argue the topic of cyberspace regulation.This article is divided into five parts. The first part is introduction. The second part, through consulting a large number of books and literature, on the basis of summarizing the predecessors’ research results, the network speech is what, what characteristics compared with traditional rhetoric and speech network launched in-depth discussions such as what is the value of speech; The third part, from "human flesh search" the first case, analysis of network speech in real life to the citizen’s personality right violation, and then extended to the analysis of network speech on social order and public security, and intellectual property rights violations. On the basis of the above analysis, discusses the boundary of network freedom of speech. The fourth part, the system introduces the virtues of the two countries network legal norms of speech. The us freedom of speech legal regulation is "absolute model", banning legislation to limit freedom of speech; In contrast, Germany on freedom of speech legal regulation is "relative model" Germany in terms of network freedom of speech legal norms embodied in the "constitution of direct protection combined with a special legislative protection, limit”. In this chapter, the fifth chapter part, put forward several proposals to the legal regulation of network speech. Combined with the typical cases of online speech administrative controls, from our country existing network speech locate relevant laws and regulations, the current network legislation status of speech is not high, specialized legal blank and the different status law limit poor coordination, analysis and discussions and then put forward the network speech legislation, make network expression regulation laws, improve the network the legitimacy of the regulation of speech; In the judicial relief of speech network using the experience of Germany both judicial practice; In addition, the existing outstanding Internet industry autonomy rules and technical specification of legalization, thus better able to adjust and control of network speech.