The Legal Protection Of Freedom Of Information

As one of the essential rights protected by the constitution, the freedom of information plays an important role in monitoring the government under the role of law.Even can be used as an indicator to judge whether a country is an open democratic society. The freedom of information has been written into the constitution by many countries in the world.In China, the content of the freedom of information is not got a conclusion in the academic community. Although freedom of information is derived out of the concept of freedom of speech and freedom of press, with the development of modern society, the freedom of information has become an independent concept. Based on why the protection of freedom of information in the constitution, further discuss the difference in properties of rights, subject of rights and expression of rights between freedom of information, freedom of speech and freedom of press, then, annotate the concept of freedom of information and figure out that freedom of information is an institutional right in the first chapter.Freedom of information is not only an important symbol of contemporary democratic politics, but also an essential part of the constitutional concept. Currently, the legal protection of freedom of information is the system of the press in our country--take the constitution as the basic principle, legislate the administrative regulations, departmental rules and regulations and local laws and regulations to protect the freedom of information. But there are still some problems in practice, such as legislative stagnant, seriously administrative intervention and prior review system. The second chapter mainly discusses these problems.Through the four cases in U.S. history, the third chapter proved the judicial principles of protecting the freedom of information in the United States, on the basis of analysis and reference the judicial principles in the United States, for the questions Proposed in the second chapter, The forth chapter part put forward the proposal of consummating the legal protection of freedom of information, such as draw up the information law and establish the principle of protection of freedom of information:the principle of distinguishing the news from the news comments; the principle of do not require all the details are true; the principle of "actual malice".