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On The Definition Of Legal Boundary Of Citizen Network Expression From The "Deyang Doctor An's Case"

Posted on:2020-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y P WangFull Text:PDF
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The continuous progress of Internet technology has added new ways for people to communicate,expanded the channels for public expression,and brought about high-speed flow of information and fierce collision of ideas.To be sure,the Internet has aroused the enthusiasm of public expression,but at the present stage,there is a lack of norms and guidance for the expression of the Internet,so there is a situation that is not consistent with the requirements of a harmonious socialist society.In the summer of 2018,the "Deyang doctor An's case" in Sichuan province caused a great uproar on the Internet,making the topic of regulating online speech and expression behavior return to the public's attention again.From the case,we can easily find that there are many problems in citizens' online expression:it is difficult to balance the right of online expression with other rights and values;In legislation and practice,there are more restrictions on citizens' network expression than guarantees.The legal boundary of citizen network expression is fuzzy;The discretion of the subject who restricts the network expression is too large.The anonymity,interactivity and immediacy of the Internet not only provide the public with comfortable and convenient expression experience,but also make the governance of network expression more difficult.At present,there is a lack of legislation on network expression in China,and the go vernance effect is not obvious.Therefore,it is urgent to define the legal boundary of citizens' network expression,so as to protect expression and regulate the ecology of network rights.This article intends to raise questio ns from the analysis of the case of doctor An in Deyang,and then examine the current situation of the le gal boundary of citize n network expression.It not only pays attention to the protection and regulation of citizens' network expression by general laws,but also pays attentio n to the rele vant provisio ns of special network le gislation.Combined with the practical dilemma of network expression governance in practice,it elaborates the status quo of legal boundaries of citizens' network expression as comprehensively as po s sible.Starting fro m the le vel of rule of law,this paper tries to determine a set of methods that can clearly define the legal boundary of citizens'network expression.Macroscopically,the principle of defining the legal boundary of citizen network expression is determined.At the micro level,the definition rules of the legal boundary of citizen network expression are determined,and legislative Suggestions are put forward.By proposing the principles and rules for the definition of legal boundaries in the citizen network,this paper hope that other scholars can clarify the legal boundaries of citizen network expression in the follow-up study as soon as possible,which not only effectively protects the citizen network expression rights,but also balances the relationship between the network expression rights with other rights which might be conflicted,and thus pro mote the construction o f network ecology,and contrib ute to the process of socialist rule of law.
Keywords/Search Tags:Ecological of Right, Expression on Network, Legal Boundary, Defining Boundary
PDF Full Text Request
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