|
|
|
| Empirical Analysis and Regulation by Law on Microblog Rightsafeguarding Action——From the Perspective of the 110 Typical Cases in China |
| Chang Jian1 Yu Jianchuan2 |
| 1.Law School, Central China Normal University， Wuhan 430079；2.China Institute of Boundary and Ocean Studies, Wuhan University， Wuhan 430072 |
|
|
|
|
Abstract The development of microblogging technology and the influence of “rightbased” thought have been increasingly concerned by the society. When the existing channels for right protection are not smooth and lack of credibility， microblog will be able to survive in the legal action outside the system. It is been investigated that microblog activist behavior has different characteristics from traditional rightsafeguarding behavior in the aspects of the main body， object， process and results through the 110 typical cases from 2010 to 2016 in China. Although microblog rightsafeguarding action has played a positive role in social supervision， political participation and dispute resolutions， it impacts the inherent requirements of the lawabiding people， leads to the conflict between public opinion online and judicial independence to some extent， increases the difficulty of the institutionalizing of rightsafeguarding by the law. Consequently， microblogger’s behavior should be enhanced on the basis of boosting the legalization of cyberspace. From the perspective of individual， microblogger’s behavior should be enhanced on the basis of citizen’s legal conception； from the perspective of nation， judicial activism should be heightened and correlative laws and regulations should be improved to achieve the protection of civil rights.
|
|
Received: 23 January 2018
|
|
|
|
|
|
|
2018, Vol. 57 
