Research On The Conflict And Coordination Of The Freedom Of Expression And Credit Right

Massive conflicts and lawsuits appeared between the freedom of expression and the credit right, let us start to pay attention to and discuss the question about the right conflict and the way to solve conflict. Freedom of expression is an extremely important democratic right. It's the right that be regulated, approved and safeguarded by law, the right of citizen who can express and transmit their opinion, viewpoint and emotion in public by using any kinds of medium or methods, the right can't be interfered, limited or infringed by any people or organization. The credit right is the foundation of civil main body who participate the activity of market economy. It's the right of economic capacity that civil main body can obtain corresponding faith and appraisement in the society. On the one hand, we must safeguard citizen's freedom of expression as possible as we can. On the other hand, we also must prevent the credit right be violated by using one's freedom of expression inappropriately. This thesis focuses on visual angle to the right theory of relativity. Freedom is always not absolutely. Right (freedom) must be added relative duty (responsibility). By analyzing the concept, the type of conflict and the reason of conflict of the freedom of expression and the credit right. We can draw the conclusion that we ought to strengthen protection of credit right by law under the background in the freedom of expression. This thesis can be divided into four parts:Part I comprehensively introduced the elementary theory of he freedom of expression and the credit right, aim at exploration and discussion to the concepts, the essence, the connotation and the legal characteristic of the freedom of expression and the credit right. And has put emphasis upon analyzed inner relationship of conflict between the freedom of expression and the credit right.Part II combined the form to realize the freedom of expression with three conflicts cases and divided these conflicts into three kind of typical types that is conflict between the freedom of speech and credit right, conflictbetween the freedom of the press and credit right, conflict between the freedom of expression that take the Internet as the medium and credit right. This part also analyzes these three kind of typical types comprehensively.Part DI emphasizly discussed each kind of reason that can lead the conflict come into being. Through analysis and demonstrate, we can draw the conclusion that the main reason is the high speed development of modern society has caused social sense of responsibility weakening, news media credit crisis that caused by the journalist's professional morality gliding down, abusing the freedom of expression has caused by the development in modern science of Internet and technology impact to the traditional ethics and morals.Part IV draw the conclusion that we ought to strengthen protection of credit right by law under the background in the freedom of expression. And proposed while we safeguard the freedom of expression, we also must strengthen protection to civil credit right by conform the conflict-coordinated principle of the conflict between the freedom of expression and credit right, by consummate legal protection system of credit right through the main chance as "Civil Code" constituting, by consummate legislating news law and strengthens development of journalist's professional morality.