Constitutional Guarantees Of Free Speech System Research In China

Freedom of expression was enjoyed by citizens in accordance with theConstitution According to their willingness to express themselves through language orother forms of ideas and opinion, and received the information form others. The rightof express include other freedom for instance, freedom of press literary work paintingsand so on. In modern society, the Freedom of expression was often considered to beessential and the most basic constitutional rights. Under this concept, the publicauthority properties of expression was further steadied, the outstanding performancewas wrote in constitution for excluding the excessive interference form government orother public power organizations, while the private characteristic of expression movedforward a single stepIn order to protect the basic rights. Western countries devised new theorynamed "indirect third-party influence theory" and "acts of state legal theory" and thesame time established the Constitutional Review System and Constitutional litigationto ensure citizen possessed the right of freedom speech. Section35of the ChineseConstitution also clearly stipulated that citizens enjoyed the Freedom of expression itwas also an fundamental right, but the security system was not perfect in the currentsystem of designing, although it was expected to laws, rules and regulations,but someStatute legislation may violate constitutional provisions against citizens’ right ofexpression and other fundamental rights.Within the legislative system, from the level of protection of the nationalconstitutional order to the National People’s Congress and its standing committeesystem of laws administrative regulations, local laws and regulations and othernormative legal documents of the constitutionality, which the principle of combininginternal and external oversight requirements was protected. While the Constitution didnot explicitly the citizens speech freedom to provide direct operational constitutionremedy. Therefore, in the current system, how to improve the system of constitutionalguarantees to protect the right freedom of expression has become an important subject for the Chinese Constitution.This article summarized the constitutional system designing of representative inthe world which to protect the freedom of expression, and combined with China’scurrent constitution guarantees which developed reasonable to supplement theshortcoming existing designs.Then summarized and proposed that creating and building the constitutionalguarantees system with Chinese characteristics, which was keeping the power oflegislative interpretation of the Constitution of the National People’s CongressStanding Committee, the establishing the Constitutional Court specifically under thejurisdiction of violations,and other fundamental rights, constitutional litigation cases.Also the provision the Constitutional Court has the highest power to exposition theConstitutional Judicature which achieved the constitutional guarantees of fundamentalrights.