Discuss About The Implement Of The Freedom Of Press In Constitutional Law

Freedom of press is the fundamental of human rights, the protection of citizens’freedom of the press is very popular, which has received various countries of theworld and the law is the Constitution. Freedom of the power contained in theestablishment of media freedom, freedom of access to information through the media,freedom of information transmitted through the media. From the late Qing Dynasty,China’s never been stopped fighting for the rights of freedom of the press andprotection.After the founding of the PRC, especially after82of the Constitution waspromulgated to implement the terms of our Constitution freedom of the press hasmade a more significant effect, the establishment of citizens in a free media, freedomof information through the media and perhaps pass protection of freedom ofinformation through the media have a greatly improved. Especially the rise of theInternet and other new media, making further broaden the freedom of citizens, toachieve a certain sense of personal newspaper, free access by the media, freedom ofinformation transfer.However, the rapid development, we should also see that the constitutionalfreedom of the implementation process also encountered some problems. Mainly inthe legislative implementation of the serious shortage of over-reliance on policy andregulatory documents regulate ultra vires; autonomous state media franchise seriously enough, citizens provide media space is still relatively small; government informationdisclosure range is narrow, limiting the scope of citizens’ right to know more; priorreview regulation more punishing afterwards too tight a grip; citizens have beenviolated freedom of the lack of judicial relief channels. The main reason is too muchemphasis on the media,"the party mouthpiece" attribute, ignore the media "people’smouthpiece" attribute; Path "correct guidance of public opinion," the preference forstability overrides civil rights; believe the rule of man, do not believe in the rule oflaw obsolete ruling inertia.Provisions of our Constitution freedom of the press should be fully implemented.This requires the constitutional freedom of the terms of re-understanding, andestablished legal system, the Constitution governance. Our Constitution is freedom ofthe press belongs to the broad freedom of the press, which includes freedom of thepress, freedom of the implications of emerging media freedom, narrowly publishing;Our Constitution is a relatively free press freedom rather than absolute freedom,which means you can be limited, However, restrictions must be lawful; freedom ofpolitical rights rather than a general right. States can not become the subject offreedom publishing, only citizens and legal citizens is composed of the main body ofthe constitutional freedom of the press, freedom of the country is the subject of theobligation; freedom of the object is to get ideas spread through print variousbehaviors, spread by radio and television movies various acts of ideas and messages,the dissemination of ideas and messages through the network of various acts; mostimportant aspects of its content, which is offered freedom of the media, through themedia to access and disseminate information freely. Therefore, the implementationof the constitutional freedom of the press clause, that is the implementation of theabove. China’s "no law expressly provides no protection," the reality and the inherentrequirements of the terms of press freedom, freedom of the press so that the right ofcitizens to determine the necessary legislation. Legal system of civil law, as well asthe executive management of the legislature should attempt to promote " freedom ofthe press law"," Radio and Television Law,"" Network Communication Law " andother three laws form of legislation to implement the constitution. Specific to build the system, the confirmation civil liberties offered newspapers,publishing houses, magazines rights, and registration should be a way to replace thecurrent system of licensing approval. For start-up radio licensing system should beintroduced, but open to citizens, and the introduction of an independent committeesystem to balance public and private television stations. Meanwhile, the non-profitwebsite to simplify filing and procedural operations of the site licenses. For thestate-owned media, to be autocratic and increase their independence. Public powerfor citizens to obtain information through the media freedom should be deregulate,mainly in two aspects of open source and discharge, to further expand the opennessof government information, and strictly regulate the scope of state secrets, secretslimitations identified the main subject and set close range. Relax foreign regulatoryinformation, increasing the scope and manner of landing stations, and graduallyreplace the firewall from the firewall to the blacklist from further white list tomaintain the network environment. When citizens dissemination of informationthrough the media, to weaken the control of state-owned media in advance andenhance its independence and the ability to operate independently. Legislation todetermine the rights of citizens after the establishment of the media, to prohibitconduct prior review of newspapers, magazines, journals, Internet and other media formovies and television programs try to introduce an alternative way of industryself-regulation prior licensing model. Finally, citizens in the process of exercising theright of freedom of the press, and other legal rights of a conflict, should try to avoidusing it means punishing, especially with caution Security Administration PunishmentLaw and the Penal Code for the purpose of publishing disciplinary exercise.Furthermore, in addition to reputation, freedom of the press should also be perfect forviolations of relief channels, without due process shall be deprived of freedom of thecitizens, for violations of press freedom advocates should be allowed a finalsettlement of the dispute by way of justice.