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On Freedom Of Speech

Posted on:2009-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:J L LiFull Text:PDF
GTID:2166360242975188Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Freedom of speech is one of the most important contents of constitutional rights, and is an important component of the human right theory. The freedom of speech is an extremely important character in a society. The atmosphere of tolerance and freedom can offer the basis which is indispensable for the development of personal intelligence. The freedom of speech has been seen as basic human right of the citizen since modern age. So it is a kind of customary phenomenon that freedom of speech is fixed and protected by constitutional law. At the same time, the so theory is also a necessary pillar to prop up the citizen right. This paper chooses three perspectives to explore freedom of speech.At the first part of the article, an overview on the freedom of speech is stated. On the meaning of freedom of speech, property and the value of a detailed elaboration of the freedom of speech from the literal sense is a combination of words should be divided into two elements of speech and freedom, only these two elements have a more profound understand, to grasp the true meaning of freedom of speech. Freedom of speech not only refers to oral speech and written speech, including images, sculptures, music and physical movement, such as speech. At the same time, to have taken place in the extension of the changes. Summed up the contents of these two areas, the article pointed out that in the first part: that citizens enjoy freedom of speech is, mainly in oral speech, including text, images, music, images and tables intended physical movement of the right to freedom of speech. In the clear meaning of the freedom of speech, the article to the attention of the right to freedom of speech attributes. What is the nature of freedom of speech rights? China's Constitution and the works of scholars teaching in the most popular view is it as a political component of the right to freedom to the treatment. In fact, freedom of speech is a multiple attributes of constitutional rights. First, the right to freedom of speech of a political attributes; second, the freedom of thought, freedom of speech rights of property; third, the special freedom of speech privacy attributes. With the completion of the discussion of the properties of freedom of speech, freedom of speech has become the value of that can not be avoided. Why do we need to discuss freedom of speech? The article gives three reasons: First, freedom of speech is an important means of discovery of truth; second, the freedom of speech to self-realization; third, the freedom of speech to promote civic participation level.Although freedom of speech is an extremely important right, it is not absolute. To take into account the dignity of the individual and the values of democracy, the rights of all international and domestic system recognize the limited restrictions on freedom of speech, but these restrictions have been carefully provisions. Therefore, every member of society to safeguard the legitimate rights and interests of the whole community standpoint, the freedom of speech must be subject to certain restrictions. Restrictions on freedom of speech principles are: First, the principle of clear and immediate danger .Secondly, the principle of public interest. Third, the principle of freedom of speech in the implementation process, the conflict with the rights of a wide variety of the different rights to different conflicts should be balanced manner. The article is the second part of the freedom of speech and other rights for the balance of the conflict and to explore, namely freedom of speech and the reputation of the right to privacy, the legislative, executive and judicial powers of conflict and the balance of the draw balance in the legal practice of the freedom of speech and other rights principles.In the last part of the article, to discuss the issue of freedom of norms, standards in the law as an important aspect of its meaning is different from restrictions on freedom of speech regulation system includes its restrictions, but also contains their protection. Freedom of speech is the most important civil rights of the legal protection it needs, but it also needs its legal limit. Also, the proposed legislation in the freedom of speech of the legal principles should be followed; Firstly, the principle of prohibition of prior restrictions; Secondly, the principle of least restrictive means;Thirdly, the principle of clarity and accuracy. However, in our country, the provisions of the Constitution on freedom of speech is too principles, and no specific law against freedom of speech. Therefore, it is necessary to refine the legislation on freedom of speech, the article pointed out, should proceed from the following four aspects: First, the provisions of the Constitution should be perfect speech; Second, in the Basic Law, strengthen the protection of the freedom of speech; Third, should develop specialized news law; Fourth, strengthen the right to freedom of speech-related legislation.Freedom of speech is a citizen's basic rights and fundamental human rights; the Constitution is the protection of citizens of one of the most important rights. China's progress in the protection of freedom of speech will be more and more. Freedom of speech in the future will play an increasingly important role in the political and legal practice field.
Keywords/Search Tags:Freedom
PDF Full Text Request
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