On Safeguard of Freedom of Speech
|School||Changchun University of Science and Technology|
|Course||Constitutional and Administrative Law|
|Keywords||Freedom of expression Protection Perfect|
The right of freedom of speech is refers to the citizen in the legal limits to enjoy, in a legal way, in the legal place of their views or opinions expressed in the outer or retention of freedom, not be violated by the state or others. It has the content of arbitrary, the right of freedom of speech in standard diversity, and the nature of the negative as well as the right to free speech exercise such as the diversity of characteristics.The right of freedom of speech from the concept of rights and the beginning of the formation of a paradigm, and is always the constitutional jurist, constitutional text and constitutional practice is one of the core issues of concern. In the construction of socialist political civilization is the practice of constitutional government, we must fully protect the constitutional right of citizens the right to free speech and good implementation. Especially with the development of technology and economy, and the development of Internet, the exercise of free speech platform presents the diverse and confused hybrid trend, the protection of the right of freedom of speech, which is constitutional need to study and solve with the pressing. Especially with the development of society, our society is in a crucial period of transition, all kinds of ideas of rights and rights consciousness has undergone profound changes, this change will cause the social basic order of the idea of constitutional government and constitutional state of profound change, this kind of change in today’s society is so deep, so that the academia and the legal practitioners requirements of basic rights are more perfect protection voice is advancing wave upon wave.In China, however, the right of protection of free to speech of citizens is the existence of a great defect. From our present constitution text,"the country is important more than citizen", national standard value concept in the constitution to the citizen basic right regulations especially. This situation led to the constitution to the citizen basic right principle protection is highlighted, in contrast, the citizen basic right limit is sufficient, and this restriction is always put the interests of the state in the first place, citizens’right of freedom of speech is also. In fifty-first stipulates of the Constitution:" the people of Republic of China, must not harm the state, society, collective interests of citizens and other legitimate rights and freedom when exercising their freedoms and rights."Here, the citizens’ freedom of speech rights restricted first is the cause of the nation, society, collective interests. However, as a basic human right, the right of freedom of speech is different from the general legal rights, the Constitution on the right to free speech protection at the same time, the more important is to should be specifically stipulated by law on the legislative right to free speech protection at the same time, clear the right of free speech boundaries as well as standard, in order to achieve on the right of freedom of speech and the purpose of protection. The provisions of the right to freedom of speech is important more than the exercise scope, which is the constitution as the distribution, adjustment and the limit state power above basic requirement, it is a constitutional right as a legal right at the other. This article is on the basis of this, trying to achieve this point.In the writing process, mainly way is empirical analysis and comparative analysis method to the citizen’s freedom of speech protected for proper justification. At first, we will through these years in China the occurrence of specific case analysis to illustrates the right of freedom of speech in our realization of the state, i.e., and is the reality of freedom of speech. And then through the transverse comparison method, contrast the United States, Germany and other countries and international conventions on human rights of citizens the right to free speech protection legislation in Germany and the United States, the right of free speech protection principle analysis and comparison, point out our country the right to free speech protection related standard or principle shortcomings, and try to process of" essence", for our country the right to free speech protection relevant system construction. Concrete from the following several contents of text study:The first part, it is overview freedom of speech mainly. First through to the freedom and right to freedom, was defined, based on the right of free speech is defined in the right to freedom of speech, after the concept of the right of free speech under refines the right attributes, finally is clear the right of freedom of speech with the right, such as the right to know, right of privacy, right of freedom of the press and so on.The second part, here is mainly to domestic and foreign citizens the right to free speech of the constitution to be a systematic introduction. Mainly includes the United States, Germany, France and other western countries as well as international or regional conventions on human rights to freedom of speech rights constitutional protection provisions, then China’s history and current constitution on the right of free speech protection regulations make a summary and conclusion.The third part, this part is mainly to introduce foreign right of free speech protection some experience. The focus is on Germany and the United States on the right to free speech protection experience, mainly protective provisions and specific protection principle. Then carries on the analysis and comparison, point out our country citizens the right to free speech protection on the defects and problems existed.The fourth part, this part is mainly provide improving measures and specific methods of the right of free speech protection existence question foundation proposes in our country, and then mainly by the development of special" the people’s Republic of China Law on the protection of freedom of speech" to the citizens’ freedom of speech rights for give it a specific protection.