Lishui QQDutch act law reasoned distinct views even now servant web legislation network universal control light rights legislation to apt along a creek controversial Times reporter Li Di yesterday Lishui QQ team surrounded Dutch act behind the sentencing among academia and the web has triggered a heated discussion .,Diesel THANAZ 0882HBecause it involves the communication content review controversy ,the savants think ,the decision of the tribunal ambition be on the network operation and management have a excellent influence.As the digit of Internet consumers surrounded recent years quickly expansion if last daily Hangzhou first legislation wading network real assign system alternatively the 3Qwar ,two days forward the chase provinces Wang Peng case ,as well as the law of Lishui ,presents a Chinese Internet legislation attempt to across a creek distinctive footprint .This has chance the human access of life to the virtual world, experiencing a remodeling principle pains .Tencent the free China University of Political Science and Law professor Hong Daode think ,tencent.com not qualification of people communicate content ,so the site aboard Dutch act cannot be held responsible .For the Lishui QQ among Dutch act case ,the lawful profession present revise views .China University of Political Science and Law professor Hong Daode think ,tencent.com no qualification of men communicate content ,so the site on Dutch doing cannot be held responsible . First ,online and amongst QQ crew on Dutch act this one problem,along to China lawful provisions,not deterred by law.Second ,operators have no legal basis to review QQ team discussion content ?I don .QQ team discussion people correspond apt letters if Tencent QQ group discussion content review ) ,equal to the post bureau opened private letters ,equivalent to invade their privacy.Hong Daode mentioned.Devoted to the study of the web of the Huazhong University of Science and Technology School of Dr. Rao Chuanping also think namely,as a network service provider to damage or tort, the dissemination of information ,which in mutual has the allowable obligation of proper attention .The so-called reasonable notice ,refers apt the network service providers apt handle with fashion clothing and some obvious may navigate to dangerous alternatively tort information for safety review ,promptly remove obligations .To cater direct service of the characteristic content of every colossal gate website, its reasonable notice annul related damage,tort responsibility namely obviously the information .However ,the only information transmission passageway network service providers ,it namely equitable a technology provider ,and damage or infringement information generated by the results of damage is never a direct causal relationship therefore does not need to bear the corresponding obligation as tort .Rao Chuanping tells a reporter within fact ,the decree of all countries ,generally do never necessitate impartial as the transmission channel of communication network technology service providers apt take the initiative apt examine obligation .The decree of our country also namely such .Zhejiang law fixed within vice adviser Luo Yunze thinks ,QQ crew namely one open group,anyone can increase,does never involve the users,of lesson,personal conversation ambition never interfere likewise many,ought be remedied with bags and caution .Luo Yun said,the forum as Dutch act,blog surrounded Dutch act and additional blogs ,Internet service providers ,are given higher regulatory obligations . I accede with fashion clothing and the decision of the tribunal.Luo Yun says .The network legislation be anxious for success Dr. Rao Chuanping thinks amid the web legislation, we must 1st technical autonomy and legislative interventions ,and entirely protect the rights of web subject .Overall, the legislation namely not perfect namely certain .The Asia-Pacific Center for lawful research web author,network and electronic business decree domain authoritative skillful Professor Liu Deliang thinks ,this namely a network within the accident the frequency of main reason .
The decision on shielding Internet Security is as of quickly,our country the maximum chapter of the web legislation aboard December 28, 2000 ,diesel jeans sale,the ninth session of the National People Standing Committee nineteenth meeting .The Lishui is the basis of decision .In addition ,jeans for men,there are a digit of such as the children the international webbing of computer information management Interim Provisions ( State Council promulgated among February one 1996 edited among May 20, 1997) ,Hangzhou city of calculator information web security protection and management regulations ( Zhejiang Provincial People passed May 1 2009 )wait as administrative regulations ,departmental rules .In recent years for of the prevalent cases of assorted types of web,network legislation attitude,also clutch alter views ,the 1st class namely eager apt the legislative point of attitude.This kind of view namely namely China has the netizen of 300000000 men virtual area is never a true legal zone,web legislation has transform a pressing material of the moment .Second ,timely follow-up .Put forward among period to the legislation timely follow-up,among specific legislation ought pay attention apt accuracy,targeted ,the coordination of the entire and in line with bags and international standards .Third cease the legislative point of outlook.In this perspective,the web namely so short that lawmakers may still groping forward .As human society within other fields, the statute decree forward children joint among have the existence of certain rules .Therefore ,the maintenance of web security and security network emancipation among addition to law,using the network itself has the existence of characteristics, and through the strength of the community and mainstream viewpoint of value to affect public opinion, let the website self-discipline, and compared to legislation constantly more efficacious.Dr. Rao Chuanping said,the network legislation needs to clutch a never to the web control and rush and a huge digit of web legislation .Dr. Rao Chuanping thinks ,the web legislation, we ought implement the technical autonomy and legislative intervention should entirely understand the web characteristics and the existing web of accustomed statute aboard the basis of respect first network discipline surrounded order to realize autonomy ;even if the country out of its public responsibility and need legislation ,it needs wary,must give full consideration apt the country ,society inhabitants balance rather than only paying attention to the neglect of other.Rao Chuanping expresses even now from chief to regional many network legislation and case decree there are some similarities ,such as the paucity of testimony be anxious as success ,the over-emphasis of government,diesel narrot 8880m,merely ignore the related network subject protection .Heavy hose light right legislation predicament the legislation not only seldom prescribed responsibility of authority,more commonly limit judicial power especially for restricting the judicial power of the administration regulation review .The Lishui city Liandu District People judgments aboard Tencent ,basis the decision on shielding Internet Security prescribed among story seventh .According apt this regulation busy surrounded Internet business elements to activities within accordance with fashion clothing and the decree found aboard Internet Illegal and detrimental information, measures ought be taken apt block transmission detrimental information ,and promptly report to the adapted authorities .Because the Internet including website ,webpage ,forums and other public platform ,including QQ ,MSN and additional private exchange platform however,the doing does never have a visibly defined Internet company control range and the measures at the same time for it involves the seclusion protection ,so controversial .
In addition ,the network legislation, there are still many rank lower regulations against the legislation principle phenomenon .For example,the decision on defending Internet Security explicitly surrounded terms of two aspects " src="file:///C:/DOCUME%7E1/ADMINI%7E1/LOCALS%7E1/Temp/msohtml1/01/clip_image001.gif" />ne namely the legislative purpose of safeguarding national security and social public interests ,the second namely to improve the healthy evolution of the Internet promote individuals lawful persons and additional organizations of the legitimate rights and interests .But within a afterward issued motley types of rules and regulations generally only emphasize normative order ,security ,and ignore the web main body right protection .Not only namely,the legislation never only seldom prescribed authority obligation and legal responsibility,more commonly impede judicial power especially as restricting the judicial power of the administration regulation review .So while individuals allowable persons and other organizations in authority improper administrative act against the corresponding resorting to judicial cure,chances are deprived of .Rao Chuanping also thinks ,the web legislation another mammoth problem is the legislative body inexpensive class,the lack of authoritative ,systematic and coordination .In addition apt the decision aboard defending Internet Security are outdoor the statute the present network legislation are always regulations and rules ,the legislative body inexpensive level namely obviously .In contrast virtue and other European and American countries has never only the comprehensive standard web action communication class legislation ,even Anticybersquatting Consumer Protection Act apt specific web behavior are normative official.In addition ,the lack of democratic participation in Chinese legislative program namely the new problems existing surrounded the legislation of web.China special legislation are also mostly without scientific testimony namely signed and promulgated ,nor listen to the relevant organs ,organizations citizens counsel.At present our country network special legislation are mostly authorities legislation ,such legislation program according to the State Council formulated procedures for the formulation of administrative regulations and the Regulations aboard procedures as formulating rules regulations ,this by the administrative organ set their own legislative procedure of administrative legislation is obviously inconsistent with bags and modern the control power of the administration law morale,the resulting a series of malpractice easy to acquaint the administrative organ making improper procedure interference relative children of the administration of administrative statute the rights and interests of the timely and effective implementation .Because the web namely not perfect legislation and local legislation absence of protection of the rights of the web main body ,led instantly to the judicial practice amid recent years a colossal digit of infringement of civilian rights cases .This anniversary April 16th ,Fuzhou three netizens who forwarded by complaint posts ,by Fuzhou police detained as eight months and sentenced to one thing namely once triggered public opinion questioned .

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