A Few Of The Right To Freedom Of Thought, Research,

In this paper the basic theory of the right of thought freedom and its importance in legislation is discussed. The right of thought freedom is a legislative concept which plays an important role in legislations. As one of basic human rights, the right of thought freedom is the basis of other rights like personal rights and political rights,etc.Nowadays,it has been established in their constitution in many other countrives. But it hasn't been set up in our legislation and constitution. Eventhough, we can not say that there is no representation of thought freedon in our laws. Because there have been legislations on the freedom of religion, gathering and academic researching,.which are actually representations of the right of thought freedom.China is a big socialist country, it is one of our essential policies to administer a country by law. It is also our aim to build a democratic,prosperous, powerful and highly - civilized country. In order to realize it,it is indispensable to develop democracy and perfect legislation. As one of the basic human rights and the symbol of a democratic and civilized society, it should be made explicitly in our coustitution.This article is divided into four parts:In section one the evolution of the right of thought freedom is examined. The writer makes an attempt to discuss the history of the establishment of it and finds out that it was originated in ancient Grace - Roman Period; developed in the European Renaissance Period; and finally established in the period of the Bourgeois Revolution of Europe; but it has not received great importance until the end of the World War II up to now. On the basis of the above analysis the author concludes that the formation of the right of thought freedom is characterized by the follow-ing: First, the legislative base of establishment for it is determined by the understanding and the practice of people in the history; Secondly, one of the achievements of the European Bourgeois Revolution is the legislative establishment of it; Finally, the mainstream the legislative establishment of it has been worldwide expanding.In section two the legislative entailment of the right of thought freedom is observed. It has been explained from the following five aspects. Basing on the connotation and denotation of it the author points out that (1) the true meaning of it lies in the fact that the specific freedom of thought should not be forbidden and opposed legally; and (2) the characteristics of it is that it is one of the basic human rights; and (3) the features of it are absolute, potential and essential; and (4) the representation of it is free expression and free silence; Finally the author makes a lot of comparisons between the right of thought freedom and the following concepts: the freedom of thought, the right of personality, the freedom of religion, the indication of criminal intention, etc. Which make the connotation of the right of thought freedom more explicit.In section three the interrelations between the freedom of thought and the freedom of expression is discussed. The author places great emphasis on their relations since the freedom of expression is an important dress of the freedom of thought. Their common features are the facts: both of them belong to the basic civil rights and freedom stipulated in the constitution; both of them can exist only in the democratic, progressive and civilized society; both of them play an important role in promoting the social development and the civil progress. Their differences are the facts: the former is absolute while the latter is relative; the former belongs to the category of the right of personality, but the latter to the category of the freedom of behavior; the former is entailed in the internal field of thought on the one hand and the latter in the external field of thefreedom of behavior on the other hand. At last the author of this article further explains that they are closely related in that the freedom of thought is the basis of the freedom of expression and the freedom of e...