Some Issues On The Legislation Of "News Law" In China

It has been100years since the newspapers in the modern timewere introduced into China in the second half of the nineteenth century.With the continuous development of society, the news media thatshoulders the social roles of publicity, guidance and supervision hasincreasingly become an integral part in building the harmonious society.However, as China’s "press law" hasn’t been legislated for a long time,the news media and related practitioners lack sufficient limitations andspecifications. This situation makes the news media become a drivingforce for social development and the construction of democracy and legalsystem, but also bring some instability to the social.In fact, as early as1894, the theorist of the early reformers ZhenGuanying said that the articles should be properly set for the news media.Subsequently, during the Hundred Days Reform Movement in the lateQing, the construction of the news legal system was first put into practice.The government of the Republic and the new Chinese government havemade or attempted to make any relevant news laws, however, for variousreasons, these news laws are unable to use today.The authors believe that, in terms of the importance,"press law" is animportant law that the government regulates the boundaries of pressfreedom. It is the law that protects the political rights and freedoms of the citizens’ press and speech which are determined by the Constitution.Andit is also the bracket law of Constitution and its related laws. Whether toformulate the press law or not is a basis to measure whether the socialistlegal system is complete or not. Therefore, basing on the relevant issuesof the legislation of the press law, the authors expects that our countrycould have a "press law" to fully guarantee the freedom of the press andrestrict it. Meanwhile, the author also hopes that she can make her ownmodest contribution to the legislation work of the press law through herstudy.This paper is divided into four parts. The first part is a systematicreview of the overview of the press law since the modern times, in orderto take in some experience from the legislative process and the results inthe history to provide some reference for the legislation work of the presslaw in current China. The second part is the related investigation ofextraterritorial press legislation. The author studies it in the perspective ofabroad aspect, trying to get some experience from today’s two main laws(ie, civil law and common law) to provide a reference for our current"Press Law" legislation. The third part is to explore the necessity offormulating the press law in China. The author studies it in terms of thelegal theory, practical needs and significance in an attempt to demonstratethe necessity and urgency of formulating the press law in current China.In the fourth part (the last part of this thesis), the author puts forward her own suggestions and ideas about the content of the press legislation inChina. Meanwhile, the author also raises some ideas on the presslegislation in China based on the reference to related experience of presslegislation in China’s history and abroad.