On The Legislative Principles Of The Press In China

As the carrier of the legal value and the basic spirit of the nation and society, the principle of law manifests the legal nature and decides the legal content. Resting on different principles of law, the law can be made very differently. Therefore, the research of principles of news legislation plays a vital role on the entire news law research. Especially it can be a very strong instruction for our future news legislation. This article firstly differentiates and analyses correlated concepts about principles of news legislation. On the base of introducing the practice and theory of western news legislation principle and considering the actual situation in our country at present, writer makes the particular dissertation on the "free principle" of the press and the limited free principle of the press in the news legislation, and brings forward the solution to the corresponding questions which existing in our country at present, in order to establish "free principle" of the press and the limited free principle of the press as basic principles of our country unborn news law.This article mainly divides into following chapters:The first chapter mainly gives a summarize of our country news legislation principles. Basing on the analyse of correlated concepts, the definitude on research area, and the introduction on the domestic and foreign legislations practice, we estabilish the free principle of the press and the limited free principle of the press as a solid foundation for the dissertation.The second chapter mainly discusses a special dissertation about the free principle of the press. Though the freedom of the press origins from the freedom of opinion and speech, it also has its own characteristics. It is necessary to analyze the correlated concepts about the freedom of the press. On this foundation, through introducing the theory about the west freedom of the press and analyzing the freedom of the press value, it is necessary and important for the freedom of the press to be the basic principle of the news law. It demonstrates the importance of the freedom of the press by yhe demonstration of news legislation and law actualization of our country, then establishes the freedom of the press as the basic principle of news law of our country.The third chapter mainly elaborates the importance of the limited free principle of the press. We will see that the limitation of the press is of equal importance to achieve the freedom of the press as the protection of the freedom of the press. But it is a difficult problem to balance the two principles in practice. So, it is the main task of this chapter to try to build a sapiential balance between the protection and limitation of the freedom of the press.This article dissertates our country news legislation principle mainly by the compareative analysis method, the demonstrative analysis method and the historical method, so to combine the western theory and China's reality in maximum limit. I hope that my work will have a little function on the establishment of principles of national news legislation.