Paper代写：Network access rights－r51due

下面为大家整理一篇优秀的paper代写范文- Network access rights，供大家参考学习，这篇论文讨论了网络进入权。网络社会中，公民进入网络的权利是实现很多重要的基本权利的基础和条件。网络进入权是一项新型权利，指所有人都有进入互联网的权利，以便实践和享有表达和意见自由以及其他基本人权。网络进入权有自己的本质规定性，是独立的权利，强调的是进入互联网的权利，具有消极权利与积极权利的双重属性。

In the network society, the citizen enters the network the right is the foundation and the condition which realizes many important basic rights. The right of access to the Internet is a new type of right, which means that all people have the right to enter the Internet in order to practise and enjoy freedom of expression and opinion and other basic human rights, the State has the obligation to guarantee the wide realization of citizens ' internet access rights and to restrict the right of individuals to enter the Internet The right to enter the Internet has its own essence, it is an independent right, emphasizing the right to enter the Internet, which has the double attribute of negative right and positive right. Network access rights not only have the characteristics of rights, but also the basic attributes of human rights, it is necessary as a network of basic human rights to see and study.

In the Internet age, we need not only the progress of technology and innovation, but also the establishment of a network of social governance system to deal with and solve new social conditions emerging problems. Under the background of the deepening of the integration of Internet and social life, people's access to the Internet will directly affect the enjoyment and realization of their social economic and political rights.

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The Internet is an integral part of modern life. In March 2010, the BBC published a survey of 27,000 adults in 26 countries around the world, and four-fifths of respondents said the use of the Internet was a fundamental right. As the internet is so basic, there are already countries that use the Internet ―― especially the use of high-speed broadband ―― as a fundamental right that their citizens should enjoy. For example, both Finland and Estonia legislate to provide access to Internet as one of the basic human rights of citizens. The French Constitutional Council announced the use of the Internet as a legal right.

In May 2011, the United Nations Commissioner for the Promotion and protection of the right to freedom of opinion and expression, Frank La Rue, submitted a report to UNHRC that explicitly included network access as a fundamental human right. We have entered the knowledge society and everyone must have access to the participation. People's right to communicate cannot be overlooked, and the Internet constitutes the potential source of the most powerful enlightenment in history. The Government should see the Internet as the most basic infrastructure ―― like roads, waste disposal and water.

The relevant legislation in some countries reflects the awareness and attitude of States on this issue and the purpose of the United Nations report is to call for and advocate the view of access to the Internet as a fundamental human right and to impose corresponding responsibilities on Governments. These practices reflect the latest achievements and future development trends in the international community's fundamental rights theory and human rights safeguards practices in the context of the information society and the Internet, which should be given sufficient attention.

So, can Internet access be a right? If so, what are the attributes of their rights? and is that right so basic that it constitutes a human right or a fundamental rights? From the perspective of rights and human rights theory, this paper attempts to probe into the possibility of network access as a basic human right or rights, in order to attract further attention and research on this issue.

Retrieval of domestic academic resources Network, query and "Internet" related keywords, the number of papers obtained, but more with the Internet economy, Internet technology innovation, the scope of the thesis covers intellectual property rights, civil law and criminal law issues, as well as the network freedom of expression of the Constitution protection, but so far in the Chinese grammar publication has not from the basic rights or human rights perspective on the right to enter the network of research, the right to enter the network is also this article on foreign relevant legislation and documents translation. In view of this, it is necessary to introduce the latest legislation and research developments in the current international community.

To date, a number of countries have already enacted domestic legislation requiring the State to ensure the wide availability of Internet access and/or prevent States from unreasonably restricting access to information and access to the Internet.

Internet access should be a high-profile criticism of the concept of human rights, mainly from Vinton G. Cerf, known as the "Father of the Internet". He thought that internet access itself could not be a right, "Technology was an enabler of rights, and not a proper itself." The Internet, which played an important role in public participation, should be considered a civil right, but he did not believe that the right deserved a higher status as a human rights. This argument is seen as a narrow interpretation of the concept of human rights.

Many opponents point to flaws in the CERF view. Cerf noted that the active act of providing Internet access would impose an excessive burden on the government, and that the government was not obligated to provide all citizens with access to other forms of communication such as telephone. Egyptian human rights activist Sherif Elsayed-ali believes that the concept of rights should evolve with the change of society and determine whether it constitutes a right, effectively by examining the consequences of denying its contents completely. According to today's standards, if everyone is denied access to the internet, it will cut off contact with the outside world. Political news, scientific discoveries, public health services will reach the country more slowly and spread to people. Governments and a handful of companies will control information, and economic, educational, scientific and cultural life will be harmed. Freedom of expression and access to information is not only a right in itself, but also a fundamental catalyst for political, economic and social rights. Today, for those who are unable to access the Internet, the equivalent of 19th century can not read.

Some critics believe that the internet as a structure is less important than the basic human rights of "freedom from torture or conscience", as well as the "right to food, clothing, housing and medical care, as well as the basic life of essential social services", as set out in article 25th of the Universal Declaration of Human Rights. Brianschepis, a supporter of the Cerf view, defended Cerf's conclusion by advocating that human rights were a defining condition for the improper definition of human rights. He believed that human rights should only protect those that were instrumental to a member of a political society, and that, while the Internet was instrumental to members of society, it should not be considered human rights, since it was not necessary for members. His core view is that the human rights advocates of the Internet have reduced the effectiveness of human rights as a legitimate tool in global politics through a process known as "human rights inflation".

Supporters of Internet access have pointed to the fact that not the Internet itself but "access to the Internet" should be a right to be honoured. Viviance Reding, vice-President of the European Commission of the European Union, argues that "the rule of entry or use, service or application must respect the fundamental rights and freedoms of the natural person, including the right to privacy, freedom of expression and access to information, education and due process." "The denial of these rights through review or denial of service amounted to a violation of the human rights achieved through online participation." La rue stressed that "every country should have a set of concrete and effective policies to enable the Internet to be widely accessible, accessible and affordable to all members of society." ”

The French Constitutional Council, in accordance with article 11th of the 1789 Declaration on the Rights of persons and citizens, ruled the freedom of access to the Internet. In accordance with article 11th: "The exchange of ideas and opinions is one of the most precious rights of man." Every citizen enjoys freedom of speech, writing and publication, but the abuse of this freedom will be defined by law. "The Constitutional Council has ruled that this right also includes the freedom to enter the online network, although access to the Internet itself cannot be viewed as a fundamental right and freedom of exchange, which enjoys special status as a protected right, is certainly worth strengthening in terms of Internet access." The Constitutional Council applied the principle of proportionality to the right of access to the Internet, assuming the same special importance as freedom of exchange. Thus ruling that "violation of the freedom of access to the Internet, in accordance with the Constitution, violates the freedom guaranteed by article 11th of the 1789 Declaration." "For citizens, access to such an important communication tool has become a part of the overall exercise of the rights and freedoms of many other constitutional protections."

The European Parliament has taken the same view, claiming that the right to enter the Internet also constitutes a guarantee of access to education. May 26, 2009, the European Parliament announced that all citizens of the Internet access and guarantee access to education is the same, access to the Internet can not be denied or banned by the government or private companies.

On June 27, 2016, the United Nations Human Rights Council launched a motion on the promotion, protection and enjoyment of the human rights of the Internet, although the motion is merely an advocacy motion and is not legally binding, it reaffirms the principles and purposes of a series of international human rights treaties as well as the resolutions on human rights and network governance in cyberspace, expressing the international community's concern and concern for human rights in the context of the present and future conditions of the information society. The network is the free expression airspace, is also obtains the knowledge and the development and the progress important tool, therefore, each person enters the cyberspace to practice and realizes the human basic right is the essential human rights.

The above controversy and practice show that, as a new type of rights accompanying the Internet, the international community's understanding of the right of access to the Internet has gone through the development trend from controversy to acceptance to unification. Network access rights not only have the characteristics of rights, but also the basic attributes of human rights, it is necessary as a network of basic human rights to look at and study, should arouse our attention.

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