The Recent Implantation And Cultural Reconfiguration Of Expression Freedom System

As a cultural phenomenon, the freedom of expression and it's concerning legislative system is the product of western-Christian civilization rim. The basic elements that contains equality and tolerant play a very important role during the course of foundation of constitutional system. But, the question is when it is transferred into the China as a co-product of colonization at the end of the 19th century, it began to contradicted with the domestic agricultural civilization based on the theory of "integration of family and country" of Chinese-Confucianism civilization rim, which always so-called the "conflict of civilization" by Huntington. It shows that the complicated and gradational view of expression on the basis of the theory, that include the discourse system of the moral destiny authorized by the sky,and ethics-centered difference society order, generally speaking, this Chinese-characteristic culture tend to discourage the freedom of expression according to its western counter-part.The setup procedure of legislative system of expression freedom in early years during the course of ROC, that is the typical example about this point. At the very beginning of the system-input, it took place the "cultural rejection" between the western culture and domestic culture from time to time. From the angle of theory of structure in legislative culture, all previous government of ROC have made a huge number of useful job in different legislations in the surface, which aims to push forward and give the expression freedom rights to the Chinese people. But in the middle and deep-seated, the core authority lies in the traditional culture was always want to handle and control the human-mind and expression-behavior, and this cultural instruct naturally did great impact on the legislative system of ROC. As a result, great changes such as distortion and transformation have taken place in the freedom of expression legislation system are firmly inevitable. In the natural, this is definitely connected with the theory of the moral destiny itself. Through the study of the connection between these two elements, it can really help us to get a better understanding the reason why it is too difficult for the expression freedom legislative system to be built in China, and how to push forward to the concerning system construction according to the demand of CCP, Chinese-characteristic situation, cultural tradition and something like that. Generally speaking, the article can be divided into five basic characters.The first character is the basic theory of expression freedom, which concerning about its concept, properties, characteristics and essence aiming to illustrating that the expression freedom do has great history in the western world, above all, its development are always accompany the evolution of the constitutional progress. In this process, Doxies of Christianity plays a prominent role not only as a theoretical tool for the legitimacy of government but also as a expand path of human-mind.The second character is the general theory of cultural analysis concerning the expression freedom. Through re-emphasizing the definition of culture, it really help us to get a deeper understanding the inner-connection between them. In the angel of civilization rim and religion, this cultural law can be proved in various aspects. Taking the China for example, its typical and complicated expression culture view which root in the utterance of moral destiny. In another words, the authority core is always tend to seek the complete control over the human-mind and expression.The third character is the preliminary input and cultural reconfiguration of expression legislative system in the period of interchange between the Qing Dynasty and ROC(1840-1912). As we can see, this historical tradition manipulating the mind and expression was forced to deconstruct by the power of western colonial invasion from the Opium War. In these steps, non-government prompting expression behaviors such as press and publications, assembly and association, demonstration began to appear and help to bring about the expression legislative system come into being in modern time in China. In another words, this so-called "forced mechanism" do have the characteristics which called epochal, passive, utilitarian and emergent are inevitable, which is the first cultural conflict form in the history.The fourth character is the continue dissimilation and cultural impedance of expression legislative system in the period of the Northern Warlords government(1912-1928). After foundation of ROC, the above cultural conflicts gradually trend to deepen, that is to say, the authority core lies in the tradition culture return to control the space of thinking and expression in varies areas. But on the other side, the ordinary people were still enjoy some kinds of expression rights in some content because that the Northern Warlords government was a rather weak in terms of political control, which is a definitely reverse prove to the Moral Destiny theory itself.The fifth character is the complete transplant and cultural reconfiguration of expression legislative system in the period of NanKing National Government(1928-1937). We consider The foundation of NNG as a obvious symbol of return in modern times of traditional Moral Destiny utterance. The reason is that the NNG exactly built a large number of expression legislative system compares to its ex-counter-part according to the revolutionary last wish of the KMT leader Sun Yat-sen which so-called the Three People's Principles Nationalism. But in the nature, under the hard effect of tradition, the NNG still wanted to seek the total control over the people's thought and expression in the name of party-state and political tutelage, which reflects in political, educate, art expression. As a result, it means that this cultural contradiction and reconfiguration have arrived its historical climax under the push of new-typed authority core.