The Legal Regulation To Freedom Of Speech In America And Its Endlightenment To China

In a modern society,freedom of speech is considered as the basic human rights of citizens.To regulate the freedom of speech is an important component of the construction of any country ruled by law.Obviously,in this issue,Learn from and absorb other countries' mature and valuable experience and practice is an effective way.The aim of this paper is as follows:on the basis of analyzing the freedom of speech legal system of United States meticulously,probe into its realistic value to the perfection of China's freedom of speech legal system.Freedom of speech means citizens have a right to express their ideas and opinions through a variety of language form for political and social issues.In America,after 200 years or so of legislative and judicial practice, freedom of speech legal system is relatively mature:In the public domain, the main principles of law to regulate freedom of speech includes bad tendency test,clear and present danger test and ad hoc balancing test.In the private domain,citizens' exercise of their freedom of speech should not slander others or violating someone's privacy.In the network domain, freedom of speech also be regulated and protected by law.In the commerce domain,Legislation and judicature protect real commercial advertisements, and forbid false advertisements.Chinese law gives citizens the rights of freedom of speech.These rights involved in the country's all political and social life.However, China's current legal system for the regulation of freedom of speech is still unperfected.Its defects include:firstly,legal provisions is too simple and the definition is vague;secondly,the specific restrictive provisions to exercise of the right to freedom of speech is still lack;thirdly,the protective provisions for the freedom of speech is still lack.China can perfect its freedom of speech legal system by absorbing and learning from the United States' freedom of speech legal system in the following aspects: firstly,establish the standards of distinction to methods;secondly, distinguish between speech and action;thirdly,establish conflict rules in civil cases.