On The Judicial Determination Of The Infringement Of Internet Speech

With the popularity and rapid development of the Internet,the network provides a good platform for discourse and communication for the free expression of speech,thus releasing a broader and more democratic space for "speech" and promoting people’s information network activities.Depth and breadth of continuous expansion..Network speech is widely used in social life,creating a new social environment for the development of infringement,with new features and new forms of network speech infringement in the social life of a large number of people’s lives to bring increasingly serious impact.This status quo has made more urgent demands on the judicial work of China’s network speech infringement.At present,China only in the "Tort Liability Act"Article 36 and some of the regulations to develop the relevant judicial interpretation and regulations.But with the rapid development of information network technology,people use the information network form of continuous enrichment,the current legal norms can not fully adapt to the development of information networks.The endless network of speech infringement,making the information network space under the protection of rights,violations of the punishment,damages and other issues,it is difficult to get timely and effective solution.To this end,this article through the analysis of freedom of speech and network infringement,the network of speech and others’ privacy,reputation,other human dignity,public interest conflict between the study to determine the network speech infringement of the physical boundaries and formal boundaries,And made a detailed analysis and inquiry.It is the key to determine the boundary,which is the rights and freedoms of others.At the same time,it analyzes the cases and practices of networkspeech infringement in the United States,Britain,France,Germany,South Korea and Singapore,explores the enlightenment of the regulation of foreign network speechinfringement on the development of our system,and finds that there are manyproblems in the investigation of the infringement of network speech.Through theanalysis of the problems existing in the construction of the network speech infringement system in our country,the author puts forward some suggestions on perfecting the system of network speech infringement.