On The Legal Limitation Of Freedom Of Expression Under The Network Sovereignty

With the rapidly continuous innovation and development of network information technology,it has made great changes in the world.The world contact more and more close,creating a new space for human interaction and life,opening up a new road for the governance of national sphere.As a new platform for mankind to exercise the right to freedom of expression,cyberspace will naturally have the inevitable performance of many functions and powers of the state's sovereignty.Countries are also paying more and more attention to the strict and proper management of network sovereignty matters.Although the network is virtual,it is bearing the weight of the real legal relationship.It is precisely because of this characteristic of the network that it brings similar difficulties to the implementation and application of laws in various countries.It also presents a similar challenge to the applicability of the law that divides the region as the standard in the traditional sense of each country.Therefore,the proposal of the concept of network sovereignty theoretically provides the basis for the feasibility of applying the existing laws in the cyberspace of various countries,and also provides support for the legislation of cyberspace in various countries.It is the consistent claim of the Chinese government that the state can't talk about human rights without sovereignty.This proposal conforms to the development trend of the tide of the times.Therefore,all countries should talk about human rights in the context of upholding their sovereignty.Network sovereignty is an important part of national sovereignty.As an inalienable part of human rights,the expression freedom should likewise talk about freedom of expression as a human rights issue under the premise of adhering to cyber sovereignty.Everyone can communicate freely and legally on the Internet platform,which is an important embodiment of the constitutional rights to express freedom in cyberspace.Today,the Internet has transformed the world into a global village.We must impose legal restrictions on freedom of expression on the premise of respecting for network sovereignty,It will arouse the attention of each country to the development of human rights on the Internet,actively promote the coordinated development of multilateral,democratic and transparent inter-State networks,and the establishment of a governance system.At the beginning of the thesis,the concept of “network sovereignty” was first introduced from the concept of national sovereignty.And then the related theory of freedom ofexpression was briefly introduced.The understanding of the concept of freedom of expression under the network sovereignty should first focus on the two foundations of network sovereignty and freedom of expression.The understanding of the concept is based on the interpretation of the meaning of freedom of expression under the network sovereignty.Therefore,we first introduced what is meant by "network sovereignty" and freedom of expression.Then,the thesis elicited the meaning of freedom of expression under the sovereignty of the Internet.Finally,based on the standpoint of the freedom of expression under the network sovereignty and as well as the relationship with the freedom of expression in the traditional network,it lays a theoretical foundation for discussing the reasons and ways of the legal restriction of freedom of expression under the network sovereignty.The second and third parts of the thesis mainly analyze the basic reasons and causes for the legal restriction on freedom of expression under the network sovereignty.First of Firstly,from the three basic perspectives of "human nature","sociality" and " normative",the thesis discusses the possibility of legal restrictions on the freedom of expression under the network sovereignty.Secondly,from the perspective of the freedom of expression under the sovereignty of the Internet,the thesis discusses the necessity of legal restrictions on the freedom of expression under the sovereignty of the Internet.Finally,from the three perspectives of the lack of restrictions principle,procedural safeguards and the impact of Internet expression on national sovereignty,the thesis discusses the reasons for the legal restrictions on freedom of expression under the sovereignty of the Internet.The fourth and fifth parts are the focus of the thesis,which discusses how to restrict the freedom of expression under the sovereignty of the Internet.First of all,it unifies the principle of legal restriction.Second,in addition to the limited judicial review model,there are also limited hierarchical management methods.Furthermore,the ethical perspective of network self-regulation is used as an aid to the legal restrictions on freedom of expression under the sovereignty of the Internet.In the end,a detailed analysis of the authority to express free legal restrictions under the sovereignty of the Internet is firstly based on the scope of authority,and secondly,it proposes the boundary of authority from the boundary of the network.Finally,the most important thing is to draw on the experience in the field of international trade and put forward a list of jurisdictional restrictions.