The Communication, Coordination And Consent Between Right And Power

This is an era of public opinion surging. Public expression contains multiple contents and represents in multiple forms, so it takes a apparent trend in the modern society. The public expression, whether in static or dynamic state, bears the essential values to modern constitutional society. In ancient China, it was ruled by the magistrate power and there was no real legal protection mechanism for public opinion. But even in the present age, because of the fundamental reason of lacking of routine protection mechanism, lots of blocks against public expression continued occurred to make it out of balance between the power and the civil right of public expression. Therefore, during the special social changing period, the legal protection mechanism is in great need based on its feasibility. In order to set up the mechanism, generally we must consider the relationship between power and right as the relation of"origination and evolution"seriously, seek its mutual impacts within the constitutional framework, and propel the mechanism to be the one that takes into effect actually under the guideline of"rule of law". As in details, in the concrete side of the mechanism, some regulations should be established such as that adopting the right of public expression to be basic constitutional right, that restricting the power and serving the public expression, that containing multiple subjects, and that affording forgivable environment for public opinion expression; in the procedural side of the mechanism, we should perfect the participation procedure of before hand and in hand to be public, equal and justice, and perfect the remedy procedure in accordance with"rule of law". Within the process of establishing the legal protection mechanism, the communication, coordination and consent between power and right may be promoted, the principle of"sovereignty of popular"may be emphasized, the spirit of humanism and the democracy with consultation may be implemented, and all of these mentioned above would eventually push foreword the politic civilization in which citizen right makes the stable basis.