Study On The Legislation Of The Network Defamation From The Perspective Of The Right Of Expression

In recent years, under the condition of the legislation on the network libel, the criminal cases because of speech continue to occur. Particularly in the cases of network libel involving government officials, public authorities are used to taking the initiative to intervene, causing detention and prosecution even sentenced into sin. The frequent hazards of this kind of cases, not only reflect the vulnerability and deviation of prosecution procedure in legal application and judicial execution of libel, but the lack of citizen-right of speech expression in the laws and regulations.Freedom of expression has the attribute of constitutional rights, which has irreplaceable value and significance for the development and progress of democratic politics and social civilization. Especially, citizens' network expression has become a Chinese characteristic political participation channels, a benign deliberative democracy paradigm, which should be fully protected. The conflict and balance on the right of expression and the right of reputation, constitute the legal logic and core concept of the network libel laws, therefore it must be both balance. And China's current Internet defamation laws appear excessive restrictions on the citizens' expression. Especially the spread of public prosecution, seriously deviated from its legislative intention and the spirit of the law, resulting to repression of citizens' network expression and extreme chilling effect.To sum up, this paper advocates the forbidden of public prosecution to network libel and the adopt of the privite prosecution or civil tort lawsuit, and the decriminalization should be the direction and goal in the reform and perfection of the legal regulation on Internet defamation.The first chapter of this paper is the introduction, which explains the main problems and clarifies the research background and research value of this paper. The second chapter mainly discusses the current situation and harm of the prosecution of the crime of network defamation, and analyzes of the legal regulation loopholes and deviation caused by this situation. The third chapter explores the constitutional value on the freedom of expression, as well as the contradiction and tension between the law system and the freedom of expression. The fourth chapter starts with the conflict and balance between the citizen's expression and the reputation right, and analyzes the current situation of the Internet defamation legal system which restricts the expression of the citizen's speech in our country. The fifth chapter mainly discusses the problems and feasibility of public prosecution. Chapter six further explores the expected principles and the standards that should be adopted in the Internet defamation of cognizance and punishment, and puts forward that widening citizen's freedom of expression should be the direction and target of Internet defamation's reform.