Research On News-Publishing Legal System Of Nanjing National Government

The NanJing National Government of ruled the Mainland 22 years, had published almost 200 Ministry of press and publication of relevant laws and regulations. During this process, the government, news publishing industry and the public, fiercely battled on the freedom of the press and Understanding of press law, and this had a significant role on the formation and the effectiveness of the legal system of press during the period. Due "party" ruling political party power under the system on legislative and judiciary erosion, long war on news publishing tool requirements, and news industry’s own limitations can affect, Nanjing national government news and publishing legal system gradually showing news, official legislation and practice management with news breaking process of publishing activities.Press published this article through the period of Nanjing national government legal history logic and the theory logic, revealing the historical concept of the dual nature of press freedoms, seeking to achieve the freedom of the basic path.Chapter 1 trace back to Nanjing national government legislative background of the legal press publication. Mainly from the Nanjing regime prior establishment of the rule of law Foundation, information legal theory and the regime of "party governance" news under Government control established three aspects of the policy deployment analysis. Scholars from the legislative concepts and specific design of the system were to do a more in-depth exploration of the system for the Nanjing National Government Press and Publication legislation provides a legal framework.With the approaching Japanese invasion of China, the anti-Japanese speech gradually rising, to get the anti-Japanese War victory, scholars had proposed theory of journalism in times of war and explicitly support news and information control policy for national defense proposed by the Government. Information controlling policy enforcement information of unary and wartime censorship. The news control policies on the Nanjing national Government issued a large number of press and publication law in time of war provides guidelines and specific requirements of the legislation.Chapter 2 recalls the Nanjing national government legislative process of the press publication. Nanjing national government rule early attached great importance to the press and publication law. In the first five years formed the publishing act as the core, including criminal law, civil law, the Central propaganda Department of press and publication law, regulations, various methods such as system, provides a basic legal framework for press and publication activities. But vague legal provisions, specifications changed too quickly and contradictory phenomena had occurred. This disadvantage in the second stage of the development period had improved. Over the next five years, with the stability of the regime, the Nanjing National Government in terms of distribution of legislature bodies, management system, Quality of personnel and institutional settings, and will be more perfect. In the legislative work, not only completed the rectification of criminal law and publishing law in time, and introduced a large number of the interpretation of the case of press and publication and single law. In particular this phase information control policy, it for future legislation and implementation of press and publication provided the basic principles and specific pointers. After the War of resistance against Japan beginning, Nanjing National Government into war system, its information control policy, the highest legislative bodies and legislative investigation that all were changed. In times of war news control under the policy guidance, a group of press and publication laws and regulations introduced in wartime densely .That broke the early fruits of press and publication of legislative in the content and procedures. Militarization of the legislative and contents of the strong color, rigorously enforce strict wartime censorship. Into civil war, although the Nanjing Government to implement the constitutional though, the commitment protect freedom of speech, in practice was still pursuing party political and governance requirements of all speech. This surface and the reality of difference, it completely ruined the legal authority of the National Government. Collapse as the regime, legal system finally collapsedChapter 3 legal sources as a standard, Nanjing national Government system of large, complicated classification of press and publication law in order. To the press and publications in the period with a view to have a system and clear understanding of the legal system, overall grasp of its legislative achievements and shortcomings. Divided into specific the Constitution and constitutional documents, laws, regulations and rules and local legislation, judicial precedents and explained five categories. Detailed inspection the source of law in the relevant legal principles and system of press and publication regulations, focusing on the three in the Publishing Act related recursion relations system. And on the basis the different sources of related systems and the same text in different sources of law related to comparison systems for further discussion.Chapter 4, on the microcosmic sight, analyses deeply essential pricinples and concrete institutions of news-publishing legal system of NanJing national government. Limited freedom pricinple on the speech and the press was the most important constitution rule of news-publishing undoubtedly in that era. Freedom on news-publishing was not dependent but with the help of freedom on the speech and the press at the period of NanJing nantional government. Limited freedom on the speech and the press reflected both common practices from other countries,such as the princples on public interest being preferred, danger tendency and less restriction, and special regulation under the control of KuoMinTang, such as the princple on party righteousness holding. There was a whole set of news-publishing legal system concluding institution of news prictitioner, regulation on the press, news crime and legal duties on news and so on. Aim to attempt to keeping balance between news freedom and public and personal interest, this system stipulated that prohibited or restricted any contents threaten to national safety, social order, good custom and personal reputation and privacy and so on.Chapter 5 studies implementation of law on news publishing in the period of NanJing national government. News-publishing, as an important part in national publicity system, was paid attention by national government. Nanjing national government, taking advantage of political and economic power, found a piece of net news-publishing management all over the country, which depended on department, administration and justice system. At the view of objectives, the trends accorded with the mode of morden national news-publishing management, and contributed to propelling constitutionalism. However, because of lack of experiences and supervisation, national government used all kinds of spying, orders to manage activities of news-publishing on illegality. In reality of management to news-publishing, managed key targets were demagement to national safety, public order and news-publishing. With development of advertisement, the news on advertisement were controled. In a whole, in the period of NanJing national government, management to news-publishing made strong more and more in form and was great available to giving a norm to newspapers operation. However, in the influence of political institution and wars, the effects on legal functions of regulatory authorities weaken more and more. At the same time, because of shortage of institution restrain to administrative illegality accountability, feebleness of management and serious corruption, newspaper published unsuitable news, not only demaged social morals and mislead peoples but also made authorities of news-publishing Laws and government lose ceaselessly.Chapter 6 studies autonomy to news-publishing of NanJing national government. Matural autonomy system makes replenment and amendment of legislation and make reduce of government force on news-publishing to minimum level. For example of ShangHai and ZheJiang, based on three factors whose of autonomy organizition, autonomy stantard and dispute verdict, we analyse development and effects of news autonomy organizitons in that period. Although various forms on name, extent to power, staff constitution and so on to news autonomy organizitions in different areas, and limititions on funds, manpower, authorities, these organizitions took position on autonomy and justice,and tried to take agreement of a common view which news-publishing should perish news freedom and keep self-esteem, on the other hand made emphasis on moral duties to society and legal duties to nation interests and safety. In this point, news-publishing autonomy and legal system interacted well in the period of Nanjing national government.The last part focuses on introspection and learning a lesson. Constrasting news-publishing laws of NanJing national government to ones of the late Qing Dynasty, in the sight of longer history, we make clear of historical path and rules of recent period news-publishing laws in our country, understand all kinds of choice and changes of NanJing national government facing new situation and matters on new-publishing laws. This way is not only changing from specific institutions, but also expanding to features of press freedom and confirming to right from negative freedom to active one, from single-handed natural rights to both natural and institutional rights. Limited press freedom principle written in constitution and law of publication was a good case. learning a lesson from NanJing national government, press freedom can but exist and expand really in the procedure of legislation and administration of justice and be based on proper orders.