On The Right Of Press From The View Of Public Law

The right of press is the carrier of citizen's basic constitutional right or the extension of citizen's basic constitutional right. Following the fast speed of progress in media tech area, and the rapid advance of press business, a lot of problems have emerged in legislative and judicial practical area around the world, and we can't overlook these problems. The right of press is a kind of constitutional right which is used for information spreading and opinion expressing, originated from primitive media tech method like newspaper. The right of press has developed and evolved on the basis of constitution theory with free expression, and gradually formed its characteristic features as right in constitution law.Sometimes, the right of press is an extension of constitutional right to some social areas, but the problems related to the disputes of press right are often reduced to the analysis of civil problems. The essential meaning has not yet been arranged on public law. If the application of press right under the high tech can maximize the protection of liberty or accelerate the abuse of this right; which is the way to arrange and restrict this right when it is used; and what is the property and function of press right represented by interview right under related background. These problems mentioned above can not be explained in a good way by traditional legal theory any longer. The harmfulness to the social order when is restricted or abused, and if the nation should control the right of press strictly or not, have already been important subjects which is worthy of discussion and research.Demonstration of this paper is based on the problems discussed above. It can roughly be divided by four chapters. That is chapter one, the analysis of the concept and features of press right; chapter two, the history and development of press right; chapter three, the constitutional functions and values of press right; chapter four, the exploration of press right legislation.Chapter One, the concept and features of press right. In this chapter, this paper makes the concept of press right clearly primarily, points out that the right of press is a kind of constitutional right which has multiple distributive styles including independent style and collective style, and it is used to gather information and spread news facts. Next, it makes the content of press right clearly. This paper points out that right of press has a content of interview and spread. Furthermore, this paper makes the constitutional background and character of press right clearly, and points out that the press right is a way of concrete realization for citizen's basic right or an extension of the basic right on constitutional law. So, the right of press is private right distinguished from public power. It has civil feature, or it can be considered as a kind of private right. Private right has an advantage over public power when we compare right with power. The press right has an advantage over the other powers when supervises the legislative power, judicial power and administrative power just because it's constitutional theoretical feature. Afterwards, this paper puts forward the"forth power"theory, compares active viewpoints with negative viewpoints, made a conclusion that the right of press, which can be given peculiar protection, should be protected under the legislative model just like the Civil Rights Act in America, but not be a kind of"forth power". Once the right of press is reduced to an accessory of power, it may lose its supervisory function. So virtually, the features of press right is that it is a constitutional right, and originated from expression freedom and bearing the function of speech freedom. It is right but not power.Chapter Two, the history and development of press right. When we talk about the creation and history of press right, we must trace back to the history and development of press freedom thoughts in modern times. We must also trace back to the industrialization of press business in modern times. When the market economy stepped into monopolization period, the press business on behalf of newspaper business was also became monopolized swiftly. On the other hand, new media techs like broadcast and television also made press business industrialized. The concept and theory of press right developed further during this period, and in this part, this paper also makes further discussion on some issues, including: the worldwide history and development of press right; the theoretical development of press right in modern times; raising of press freedom under the background of press business industrialization; Western capitalism thoughts about press freedom; Marxism thoughts about press freedom; The footstep of press business and press freedom in China and so on.Chapter Three, the constitutional functions and values of press right. In this part, this paper puts forward the some questions. These questions include: What the functions and values of the press right are; what the significance of realization in press right is under the constitutional background; where the benefits and values are in the right of press. So how to prove the functions and values of press right in constitution law has important value and significance. Afterwards, this paper expounds several important functions in constitution law. The first constitutional function of press right is—supervision. The second constitutional function of press right is—an important way to perform expression freedom right in constitution law. The third function is—the right of press can satisfy the demands of the right to know. Afterwards, this paper discusses the active and negative values of press right. After that, this paper analyzes the problems appeared during the development of press right in China, and makes a conclusion that to keep the solemnity of press right, there should be related legal rules to regulate it when executing the right. On the other hand, we have to emphasize the importance of morality and responsibility on press right. So we can make press right be the most common constitutional right for everybody, we can make it far away from the seducement of money and economic interests. The viewpoints mentioned above are the normal way that the right of press operates well and guides social opinions.Chapter Four, the exploration of press right legislation. This paper expounds the constitution law base with right conflicts briefly, the probability of press right controlled by government, the legislation and system in foreign countries, and present condition of press legislation in China. This paper emphasizes that the category of government control should contain the press media area. Government control should also be related to problems that change of freedom expression style brought by the development of new media tech. The degree and level of press right development in China has greatly improved compared with ever, but face to economic system reform, science development, and changing of media tech, new problems emerging constantly make the legislation and theory development puzzled in the area of press right. Special law related to press right is eagerly needed by the society, which is the way to resolve the problem emerged during the development of press right.At last, this paper makes some conclusions as follows: the foothold of this paper is analyzing various problems emerging in the right practice by the methods of public law theory and from a view of public law. Otherwise, this paper emphasizes the strength of the control and guide on the problems caused by the right of press through the way of legislation. On the other hand, we have to emphasize the research on protection and restriction through the right origin of constitution theory. The final step is that it is necessary to refer to legislation experiences related to press right in foreign countries, it is necessary to make law which fits in with constitution law and administrative regulations in China on the aspect of press right. It is the aim also task we have to achieve and complete to meet the needs of press business development nowadays and future, and to protect citizen's expression freedom, right of supervision and right to know.