On Constitutional Safeguard Of Freedom Of Speech In China

Freedom of speech is typical of a very important social virtue and value. Based on the fact freedom of speech plays such a vital important role in developing individuals'talents, strengthening democratic participation and keeping governments'abuse of power under control, etc., many countries in the world have put freedom of speech as one basic right of citizens into their constitutions. Therefore, the safeguard of it is"to help circulate thought and information, and promote civilization as an original source."Naturally, the guarantee of freedom of speech becomes an important issue when it comes to the research of constitution in very country. Thus, by analyzing the concept, value, scope of application in freedom of speech and comparison of guaranteeing it in different counties, this paper checks the situation of freedom of speech and its defects in our constitution, and tries to perfect the construction of our constitutional guarantee of freedom of speech.To begin with, this paper summarizes freedom of speech. First, the author introduces several concepts about freedom of speech in the academic circle. Then, in terms of its value of freedom of speech, the author further analyzes the necessity of safeguarding it, on basis of which the author makes a comparative study of the differences in freedom of speech. In the end, from the angle of relativity of rights, the author states the source of theory restricting freedom of speech. Furthermore, in the second part, this paper aims at benefiting from the good experiences from foreign countries by comparison of the history and present conditions in freedom of speech between China and foreign countries. In the last part, the thesis analyzes the situation and the lack and defects of conception, system and judicature, ect. Last but not least, combining the practices in China, the author brings forward the systematic construction of constitutional safeguard of freedom of speech.