Study On The Citizen's Expression Right And Its Security

This paper is entitled "the study on the citizen's expression right and its security ".The origin of the research, this paper encircles a core question: what kind of person is the true man? This paper, from politics perspective, from rights and right guarantee on the level, through discussing the concept, the meaning, the characteristics attributes and the value of citizen's expression right, guarantee and restrictions of the citizen's expression right, eventually draw a conclusion: a real person is the man who has expression right and be able to express freely. Specific road to research is in explaining the concept of citizen's expression right, analyzes connotation and denotation of citizen's expression right, explains its characteristics and attribute. This paper discusses the specific value, function, guarantee and restrictions of the citizen's expression right. From a historical perspective, inductive the development course of the citizen's expression right in China, analysis three phases. As a matter of fact, the situation and existing problems of Chinese citizen's expression right shall be analyzed. This paper puts forward recommendations on how to construct the specialized Chinese security system.Before the concept of citizen's expression right given up, scholars overseas have studied the freedom of expression for a long time, and gained a great deal of research results. Firstly is liberalism theory. British philosopher, political thinker, John Stuart Mill in 1859 published on liberty. In his book about freedom of speech, he has demonstrated the value of free speech. Mill not only comprehensively demonstrates the necessity of human spirit and its enormous contribution to human civilization, also attacked the harm of religion, secular autocratic system to human mental activity systems. British political essayist, poet, John Milton published the freedom of the press in 1644. He firstly proposed the freedom of the press, which fought against the feudal censorship system. In addition, American prominent politicians and democratic thinker, the third President Thomas Jefferson believes, freedom of speech, of the press, of the religious belief is the people's inalienable rights. Freedom of expression is the only path to truth. The government is established by people, which must be supervised by people. Only through freedom of expression can people supervise the government.Of course, other political thinkers such as Locke, Montesquieu, Bacon and Spinoza etc. whose theory and views on freedom of expression gave prominent contribution to liberalism theory. Secondly, in the last century, the federal Supreme Court justice Holmes commented free market concept, and for the first time in the world put free market theory to opinion judicial operation. In 1919, the lawsuit of Abrams case, Holmes said: "the free exchange of opinion is able to reach the final good result people expected... ...the best test of truth is a kind of thought in market competition"The theory of freedom of expression, which based on liberal theory continuously revised and developed, formed the comprehensive value objective theory and self rule theory or fundamental value theory. Comprehensive value objective theory was given by professor Thomas I Emerson. He thought, the function of freedom of expression is to guarantee personal self fulfillment, promote knowledge, discover truth, ensure all social members to participate in the decision and built "an adaptive stronger and more stable society". Emerson's theory was found in favor of by the most scholars in Europe and Japan later; Self rule theory was given by American scholar, Alexander MeikelJohn. In 1948, he published Free Speech and Its Relation to Self Government.Domestic scholars such as Houjian, Zhenshuqiing, Wangfeng put forward their opinion about the value of freedom expression. Other domestic scholars such as SunLi, who gave up the theory of he value of social harmonious, Guodaohui, YaoJianwen etc. who gave up Democratic political function theory.Whether foreign scholars or domestic scholars, the viewpoint they give up is basically the same, both from the same angle of freedom of expression.After the concept of Citizen's expression right was put forward, we shall give up different research framework to study. It is different between the rights and freedom from the concept, the connotation to the extension. It is necessary to build the analysis framework for the citizen's expression right from the perspectives of political science, which based on the level of right and its security.The study of citizen's expression right, first of all, has important academic value and theoretical significance. It helps to compensate for similar domestic research defects and blank, which studied from a whole new angle of right and its security, its scientifically definition, the connotation and the denotation of this core concepts, the theoretical basis of the safeguard and restrictions. Secondly, it has the important practical significance to alleviate social contradiction and conflict, to construct the harmonious society.Its connotation, extension, characteristics and attribute is defined and analyzed from the angel of right. Say simply, as one of the basic citizen's rights, the citizen have the right to express themselves through various ways and non- interference by others. Say from broad sense, citizen's expression right is throughout the whole process of the operation of democracy, including not only the right to vote, to speech, to press, to assembly, and to demonstrate, but also the right to supervise, to suggest, and to accuse. From the Angle of the existing state, it can be divided into should-be right, the legal right and realistic right. According to its property, citizen's expression right can be divided as individual right, as political right, and as social right.Marxism believes that right is relatively to obligation. As a citizen's fundamental right, citizen's expression right is the relatively primary right. Because people are born as a political animal, political life is the essence of human beings. The essence of man reflected in reality, is the sum of all social relations. Thus, citizen's expression right has the political, social, classical, legal character. In addition, it has the legal and extensive characteristics. We can draw a conclusion that: citizen expression right is the most basic human right. It possesses broad political liberties properties, but not the core of political rights. It possesses broad spirit liberty properties, but belongs to external spirit freedom. As the legal regulations or confirmation of rights, of course, it has the legal right attributes.As a real sense of man, citizen's expression right is an indispensable requirement. As a citizen's basic right, it has irreplaceable value and function. This is mainly embodied in such aspects. Firstly it is the core of basic human rights. Secondly, it is the cornerstone of democratic politics. Thirdly it is the power of cultural prosperity. Fourthly, it is social harmonious buffers. Fifthly, it is the elements of scientific decision-making. It helps to construct public opinion really reflecting the public policy and to promote the realization of democracy and science decision-making. A real sense man must be able to of express freely. The key to express freely lies in whether the tension between public power and private right can be rightly dealt with. From the angel of the content, citizen's expression right is divided into positive and negative right. In exercising their right to express, the negative one embodied in non-interference from other organizations or individuals, the positive one should be given the government support and security.A society ruled by law is the prerequisite to the citizen's expression right. The rule of law is divided into formal, the validity and comprehensive legitimacy principle of justice, which are general provisions to protect citizens' rights. We must follow the principles such as prohibition prior restraint test, the priority test, clear and present danger test, clarity test, neutral contents test, relief test, less restrictive test, double standards test.System have characters of radical, global, stability and long-term. In order to guarantee citizens expression right, security system must be constructed. Firstly is the legal system. There are two requirements. On the one hand, the constitutional and legislative system must be existed before the citizen's expression right be assaulted or destroyed. On the other hand it should be relieved after it has been assaulted. Secondly is political system security. Thirdly is social economic security. Fourthly is the culture security.The absolute right is not existed. The moderate restriction to power is the best measure to protect citizen's expression right. The relativity character of the right decides it to be appropriately restricted. The appropriate restriction means the balance of the tension between the private rights and the government's public power. In exercising their expression right the subject cannot transcend boundaries of the law, otherwise will bring adverse consequences. Public power to limit the citizen's expression right also cannot beyond the legal boundaries of the law, otherwise will bring tyranny.In the thousands of years of Chinese monarchy period, there is no modern legal sense of right. We can say, the history of feudal autocratic period is a history of non-freedom of expression. After the founding of P.R.C, citizen's expression right security has undergone preliminary spread stage, suffer setbacks and serious setback stage, preliminary restore and gradually mature stage. Of course, it really still exist such issues as the vacancy of related law, the flaw of constitutional reviewing system and the dim consciousness to express.China is a socialist country. The essence of socialist democracy and core, or the essential characteristics of socialist system and the ultimate advantages, is the development of the universal participation of state and social affairs, to ensure the people to enjoy various democratic rights, truly to realize people are the masters of the country. Constructing the security system with Chinese characteristics, firstly, a security system to improve and perfect the citizen's expression right should be given. Secondly, a civil society to improve citizen's expression right must be cultivated. Thirdly, the citizen's consciousness to express ought to be enhanced unceasingly.Summing up, then we can draw the conclusion, at the same time which is the answer for this core problem: A true sense man is the man who has the right of expression and be able to express freely. Being a true man, although need a long way to go, but this is historically inevitable.