Research On The Protection Of The Right To Networks Dissemination Of Information Under The View Of National Network Security In The New Era

The view of national cyber security in the new era is an important part of Xi Jinping's thought on socialism with Chinese characteristics in a new era,and also an important guiding ideology for China's current and future law-based construction of cyberspace.This paper mainly studies on the protection of information network transmission right under the national network security concept in the new era,analyzes the possible limitations of information network transmission right from the national network security view,and seeks a solution for the balance between public right and private profits in cyberspace.First,this study interprets the influence of the National Network Security concept on the Right of information network communication in the New era.This study interprets the new era of the national network security view comprehensively,and theoretically analyzes the legal value protected by public law and private law,and studies the impact of the national network security view on the right of information network transmission from the legislative,judicial and administrative perspectives.This paper probes into the internal meaning of the national network security view and accurately grasps its influence on the right of information network transmission.From the macro perspective,the national network security view puts forward more explicit requirements for the protection of the right of information network communication,that is,the legislature should constantly improve the legal system of cyberspace,and the administrative organ should govern the cyberspace information transmission according to law,and the judicial organ should adjudicate the disputes of the right of information network communication in cyberspace according to the law.Secondly,this study explores the rights and interests from the national network security and information network transmission rights.National network security is the legal interest to be protected by the public law and the public value target to be pursued by the public right,while the right of information network communication is the right protected by the private law.Firstly,from the perspective of legislation,it summarizes the conflict and consistency specific performance of the legislative connection between the Cyber Security Law and the Information Network Transmission Right Protection Ordinance.Second,this study explores the law from the perspective of the balance between public and private interests,there are situations in which the right holders abuse the right of information network dissemination,and the expansion and improper exercise of the right will cause damage to the public interests.When the public interest is damaged by the infringement,the public power which is based on the purpose of maintaining the public interest will impose administrative punishment on the infringer and give administrative relief to the right of information network transmission.However,the public power should intervene on the premise that the public interest is damaged,and should not interfere in the private rights excessively.Therefore,to define the standard of public interest damage is the premise to prevent excessive intervention of public right.The third is the conflict and coordination between the public interest of network security and the free exercise of the right of information network communication.Private interests need to be effectively protected,and the public welfare is the foundation of legislation.The free exercise of the right of information network communication should be based on the premise that it does not violate the public security and order of the network.Fourth,the role of Internet service providers is the balance between public and private interests.We should set reasonable obligations for Internet service providers,establish more effective control mechanism,guard against the imbalance of rights and responsibilities,build a benign interaction mechanism that relies on and restricts each other,and balance the interests of all parties in cyberspace.Finally,this study starts from the limitation of national network security view on the right of dissemination via information networks,this paper analyzes the specific situation of the restriction of national network security's view on the right of dissemination via information networks.Public power can restrict the right of information network transmission based on the consideration of public interests,but the restriction should satisfy the legitimacy and prevent the infringement of the right of information network transmission by public power for any improper purpose.At the same time,we should analyze the feasibility of restrictions on fair use,legal license and abuse of power,and achieve the balance between public benefit and private benefit by means of restrictions.Through the case analysis of the state organs' infringement of the right of information network transmission in judicial practice,it is suggested to further clarify the subject qualification,purpose and reasonable scope of the exemption of public power infringement through legislation,to guard against the infringement of public power on the right of information network transmission,and to provide some references for further balancing the public interests and personal interests.