Analysis On Censorship Of Press From The Angle Of Administrative Law

This paper takes censorship of press as starting point for it is an area which is familiar but difficult to clear. By the deconstruction of censorship of press, this paper analyzes it from angle of Administrative Law attempting to establish the inherence relationship between them so as to realize a totally complete closure legal system of censorship of press .The title of this paper is "Analysis on censorship of press from angle of administrative law", which has seven chapters except preface and epilogue. The main contents are summarized as follows:Before formal analysis, the thesis clarifies the necessity of proposition in the introduction, that is, why the administrative law should concern censorship of press. Censorship of press is essentially the intendance of administrative subject to news medium, in another way to say, it is restrictions and intervention of public rights to medium. This is precisely the advantages of administrative law, therefore, the study of rights and obligations between government (administrative subject of censorship) and news media (administrative relatives) from administrative law perspective. is unique and only, which is different from the interpretation based on news, economics, political. The plight facing gives reasons for the concern. News review of the administrative law: (1) legality (2) reasonableness (3) the right border issues. Maybe there are two steps to out of predicament: norms of procedures and entities. It is imperative under this situation to improve the administrative subject, censorship of press, principle, procedure and redress.Chapterâ… "introduction to censorship of press". From the evolution of "censor", it can be known that it has traditional association with the news. The object of censorship references not only from the original books, articles, publications and newspaper, but also including movies and drama; From its functional perspective, it aims to anomie acts which is contrary to the media specifically purpose. The concept of press censorship is established, the meaning is: the government censors the form and content of newspaper, TV news, the broadcast as well as new media according to law through the whole process. Censorship of press is not only an administrative legal action, but also a kind of procedure administrative action. It has the features of press censorship in administrative law: authority, unilateral, direct, compulsory and legal. Therefore, the administrative sense, censorship of press can be defined as: a specific legal subject checks up the qualifications, the source of the news, the form of press releases and content authenticity through legal procedure. From the pursuit of value, the ultimate destination of press censorship is the freedom of press. They are not antagonistic, but symbiotic interdependence and development.Chapterâ…¡" evolution of press censorship and limited freedom" The first time of press censorship is in 1417, the encyclic announced that all the books should be examined prior. Strictly speaking, censorship print of the In mid-15th century the invention of type leads to the emergence of large-scale printed production, so that printing is precondition of press censorship. Modern censorship system begins before publication. The United States has not yet experienced the shackles of feudal autocracy, but its wartime censorship system seems to be almost rigid and arbitrary.Chapterâ…¢"press censorship legislation" The research of legislation in British, United States, France and Germany is the main task of this chapter. Britain and America do not have specific censorship law. The censorship law contains in a wide range of laws, regulations and precedents. United Kingdom is the first country in the world which established press censorship afterwards, and formed a more complete legal system of press censorship. China's modern legal transformation from late Qing Dynasty not only extenses news judicial means, but also marked the established of mainland law system in China.Chapterâ…£"administrative subject of press censorship" According to the administrative subject theory, this chapter has three kinds of administrative subject: authority administrative subject of press censorship, warrant administrative subject of press censorship, self-government administrative subject of press censorship. The censorship which started from administrative filed had been used for the field of press censorship, and gradually become the administrative subject of censorship - News Ombudsmen. It is the original discovery of this paper. All of the worlds are facing the challenges of media integration currently, and the definition of the subject of censorship is extremely urgent issue. This chapter makes a prospective study.Chapterâ…¤: "the principle of censorship." It attributes to the establishment of legal principles that often refers to some questions: the legality of the censorship, the rationality and the solution of the related problem. The chapter from this three aspects of the intercept put forward the principle of legal censorship, the principle of public interests, the principle of proportionality and the principle of social responsibility, and integrate with the specific cases to make a meaningful assessment concerning the administrative law.Chapterâ…¥"press review process." this process is that the principal parts should make a decision in accordance with the manner, the order and the steps which is provided by the law. Its main elements are: advance notice identity, information- gathering, informed afterwards and information disclosure. Press review process should be transparent, stable and acceptable, and can be disputed and expected as well as other legal characteristics. As the press have their own time limited, the complexity and variability, as well as the single, static press review process is difficult to adapt it, therefore, it is necessary to establish a new review process that is characteristic with its open principle, the principle of impartiality, the principles of participation and the principle of efficiency.Chapterâ…¦" legal remedy of the press review." In this chapter, we will discuss some questions that can be explored in the theoretical field, as previously it seems that there is no precedent in this regard. The one is whether it exists the legal remedies for press review, if it exists, what is the reason and what is the premise. Another is the usual means of legal remedies, such as the review system, and its application, especially on the review of administrative proceedings news remedy. the fundamental problem is whether the censorship can be actionable set up, how to set up.