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Laws And Regulations Of Freedom Of Expression On Internet

Posted on:2016-11-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiFull Text:PDF
GTID:2416330482473891Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Freedom of expression,as one of fundamental rights of citizen,is a generally acknowledged truth and already has the legal basis for its existence.United Nations"Universal Declaration of Human Rights" and the "International Covenant on Civil and Political Rights" also has been clearly stated it.Dating back to the early 1954,the freedom of expression has been recognized and protected as one of the basic right for humans by putting it into the constitution of china in a fundamental way.However,China's relevant laws and regulations on freedom of expression is not perfect enough.This year,with the general development of internet becoming more and more rapid,the accesses of internet are more diverse and the cost of surfing the internet has also dropped in a certain range.In addition,the internet users have also increased at the rate of more than 10 percent per year.Albeit for this informative age,the effects of expression on internet is unprecedented with the rise of public platform and the appearance of social networking sites.Therefore,China should respect and protect the freedom of expression,since the supervision of it plays an essential role in maintaining the harmony of society and protecting the public interest of us.As we all know,the law of management and supervision often limits the freedom of rights and the legislation concerning internet in our country still needs to get further improvement by solving some serious problems,such as the general rank of law,the rationality of items,etc.The article discusses the freedom of expression from three parts:The first part:the overview of the freedom of expression for every citizensFreedom of expression is recognized as one of the fundamental rights and also regarded as the basis of all the political rights for every citizens,which has been confirmed clearly in the constitution of china.The freedom of expression on internet,as the extension of traditional rights of expressing,has many common characteristics with it but it also holds some unique peculiarities for itself.This uniqueness can also produce some special issues and need to be treated in specific ways.The second part:the comparison between China and foreign legislation concerning the freedom of expression on internetDue to the limited nature of freedom,relativity and to safeguard the public interest,the major countries in the world basically use network monitoring tools to review the environment of the internet and China uses these tools too.As one of laws of management and supervision,it must be strictly regulated.The review of our network focused on online pornography,violation of the criminal law,and inappropriate remarks,etc,but the boundaries of these behaviors are very vague,and we need to strengthen relative legislations to put it in a clear way.The third part:the basic road of protecting the freedom of expression in legislationTo regulate some problems about the freedom of expression on internet must obey some basic principles and the foremost principle is to respect and protect the rights of expression.If we do not obey it loyally,it will inevitably result in retrogression of history.Second,we must adhere to the principle of the rule of law as well as make the boundary of human right of freedom more clearly and run the power at a reasonable laws and regulations.Third,we should use more "soft administration" means to govern instead of some strict methods and protect the rights of participation and guarantee the access to certain information for every citizens.
Keywords/Search Tags:Freedom of Expression, Freedom of Expression on Internet, Laws and Regulations about Network Rights, Rights to Know
PDF Full Text Request
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