Theory Of Consensus Supervision Right

The position and function of mass medias' consensus supervision in the modern constitutional government has attracted more and more attention from the world. Consensus supervision right is the theme for research of this book, which mainly discusses the droit attributes of consensus supervision right, its position and function in Constitutional government, how the citizens and s could appropriately carry out this droit, and how to seek balance when this droit collides with citizens' individual rights or national communal right and interests. Besides the introduction part, there are five chapters in this book. The first three chapters discuss the essence of consensus supervision right and some general theories, the fourth chapter discusses the realization of consensus supervision right, and the last chapter deals with the conflicts and balance between consensus supervision right and citizens' individual rights or national communal right. The detailed description of each chapter is presented as follows:Chapter one is the analysis about the definition of consensus supervision right. This chapter has three sections, which first analyze the connotation and features of consensus supervision right, and draw new conclusions about its connotation and features after evaluating different understanding and interpretation of consensus supervision right's meaning in current Academy. Then the author places consensus supervision right in the background of constitutional government, interpret its meaning and identify its significance. The third section discusses the principal part and object of consensus supervision right. The author emphasizes on the binary structure of consensus supervision right's principal part during the research and discussion, that is, both the citizens and s are the principal parts of consensus supervision right, which answers the question of "who has the consensus supervision right?" When illuminating the object of consensus supervision right, the author divide the objects into different categories according to different criteria, so as to emphasize the substantial function and connotation of consensus supervision right, and point out the direction for its exertion.Chapter two illustrates the constitutional droit attributes of consensus supervision right, which actually answers the question of consensus supervisionright's attributes. The author first indicates the constitutional theoretical foundation of consensus supervision right, pointing out that consensus supervision right has three theoretical supports, that is, demotic sovereignty theory, right restriction theory and freedom of speech theory. Then he describes the common features of constitutional droits and consensus supervision right's constitutional droit features, in which he makes quantitative analysis of the regulations about civil rights in 142 constitutions of the world by means of demonstration, and exposes the substantial features of constitutional droit from the view of psychology. Lastly, he discusses the constitutional origin of consensus supervision right, which establishes the latter's juristic position.Chapter three makes observation about consensus supervision system from the space-time point of view. According to the history's development process, the author describes the form and status of consensus supervision in ancient China, the rising of consensus supervision ideas in modern time, and the devious process of consensus supervision in New China, which reflects the fate of consensus supervision in our history, manifests our ideology academy's continuously embedded process for the cognition of consensus supervision right, and shows that consensus supervision right is one composing part of modern bourgeois enlightenment thoughts. After reviewing the history of consensus supervision, the author also introduces from the space angle the relevant juristic regulations about consensus supervision of western countries which have different sorts of law systems, including the related regulations in U.K., U.S.A., Germany and France. With this multi-cultural observation, we are provided with new angles to further understand consensus supervision right, and the foreign experience for the legislation of consensus supervision.Chapter four discusses the realization of consensus supervision right in our country, which describes the actual situation of consensus supervision in China from the aspects of theory and practice. From the theoretical point of view, there are some cognitive misconceptions of consensus supervision in our country, without the correct understanding of consensus supervision's essence. Seen from practice, our country's consensus supervision right is confronted with many difficulties which willfully violate it. Then the author researches the realization foundations of consensus supervision right, which are mainly public's sufficient right to know inside the story, open information of the government, guarantee for the freedom of informationtransmission. The author also introduces some of the current ways in the world, and analyzes our country's disadvantages in this aspect, which provides thoughts for China to reform in these three respects. The relationship of consensus supervision and the CCP has been given special emphasis in this chapter. Finally, the author discusses the means of realizing consensus supervision right, from five aspects according to the order of realization process of consensus supervision right. The first is about the freedom of gathering news, in which the author makes profound analysis about the fundamental meaning, basic content and general requirements for the freedom of gathering news, and introduces the relevant juristic regulations about gathering news in other countries. Meanwhile, he also makes special illumination about the extraordinary ways of gathering news such as secret interview, and categorizes it with juristic boundary. The second is the analysis about the freedom of criticism report, mainly introducing the other countries' regulations and common ways. The third is the discussion about the freedom of transmission and acceptance, and the emphasis is laid on the introduction of foreign experiences. The fourth discusses the freedom of accessing mass media, that is, how to realize citizens' consensus supervision right when the medias are in the monopolized situation. The scheme to solve the question is offered in this chapter. Lastly, the author discusses the problem of medias' privileges, introduces some regulations about medias' privileges in some of the foreign countries, and points out that medias' privileges are the objective existence, and are necessary in the modern constitutional government.Chapter five indicates the criteria of consensus supervision right. There are three sections in this chapter. The first section illustrates the common principles for the restriction of consensus supervision right, and brings forward the six principles after discussing the theoretical foundation and realistic requirements for the criteria of consensus supervision right, that is, principle of communal interests, principle of clear and present danger, principle of special balance of all kinds of interests, principle of less restrictive alternative, principle of afterward restriction, and principle of restrictions for time, place and means.The second section illustrates the conflicts and balance between consensus supervision right and civil rights which refer to reputation right and privacy right. To begin with, the author discusses the conflicts and balance between consensus supervision right and reputation right. There are four aspects in this section. The firstis about the definition and features of reputation and reputation right and the juristic protection of reputation right in China, as well as the systematic introduction of the relevant juristic regulations about it in our country. The second aspect discusses ways of consensus supervision right's violation of reputation right. The third is about the conditions when consensus supervision right can avoid or alleviate juristic responsibility. Here the author introduces four origins of avoiding the responsibility which are summarized and concluded from the juristic practices both in China and in foreign countries, that is, authenticity deraignment, candid remark, concession rights and reporting officials without malice, which are the ones in accordance with the characteristics of consensus supervision, and the important foundation and criteria for the judger to decide whether consensus supervision has violated the reputation right or not. The fourth discusses two of the new judicial problems which need our attention. One is the tropistic discrepancy of constitution spirit and civil code's protection of reputation right, and the other is onus probandi in lawsuit of consensus supervision's violation of reputation right. Then the author illuminates the conflicts and balance of consensus supervision right and privacy right. There are four aspects in this section. In the first aspect, the author analyzes the generation of definition, content and features of privacy right. Then he introduces and analyzes the juristic protection of privacy right in our country, discusses the problem and analyzes the disadvantages of privacy right, and brings forward ways of improvement. Thirdly, he analyzes the essential components of consensus supervision's violation of privacy right. Lastly, the discussion of the balance between consensus supervision right and privacy right.Section three deals with the conflicts and balance between consensus supervision right and public right, with the respective research about the relationship between consensus supervision right and national security, secrecy and judicial right. Firstly, the author discusses the relationship between consensus supervision right and national security, starting with the introduction of the juristic regulations about national security in our country, and then making specific analysis about incitement that threatens the national security from the angle of consensus supervision. Secondly, the author discusses the relationship between consensus supervision and secrecy. He first makes researches about the structure, features and range of national secret, which categorizes consensus supervision into a certain boundary. Then he discusses thejunstically regulated duties and responsibilities for s to keep national secret as well as the secrecy system established by the news institutions in our country. Lastly, he discusses the relationship between consensus supervision and juristic impartiality. In this aspect, the author first of all systematically introduces the different attitudes of the other countries in the world towards how to deal with the relationship. Those countries deal with the relationship with different propositions according to their own constitutional ideologies and juristic systems, and make different institutional designs, which serves as good reference for our country to deal with the relationship appropriately. Then the author introduces and remarks on the juristic regulations about medias and judicial relationship in our country, and discusses the advantages and disadvantages. Finally, he brings forward the institutional designs and ideas for the establishment of the relationship between consensus supervision and candid judgment.