Civil And Political Expression Of Freedom Of The Legitimacy Of The Limits Of Research

This article attacks somebody's unfair views of the political expression freedom, which is enjoied by the citizenes in our country at present. The text starts with analysizing the cases and mainly uses the method of comparison to research. It hopes that everybody will realize the real appearance of the political right, especially expression freedom, which is enjoied by the citizenes in our country presently.The text divides into four parts in allit. In the first part, it mainly introducts three cases which is about the citizen politics expression free in diffrent countries or ares. They are respectively named the case of national flag bumning down in American, the case of national flag bumning down in Zhejiang Province and the case of national area flag bumning down in HongKong Special Administrative Region. By the case analysing, we can get the conclusion that the different national legislatures have two kinds of different constitutions thoughts, so the similar behavior in the different countries has been given to the different legal sanction. One kind of orientation treats the behavior of insulting the national flag as the one way of expressing one's ideals, and tolerates it just regarding it to performming with one's opinionunion; Another kind of orientation is that the nationalflag and the area flag have the symbolic significances, and should been respectde, so the behavior of insulting the national flag should been punished. Therefore, whether punishing the behavior of burnning down the national flag certainly not be able to weighs a country legislation and thejudicature fair and just or not. In fact, the key lies in that the orientation whether matching with one's own national condition, the nationaltradition as well as the public's acceptting psychology.In the second part, thouge the scientific theory tells the origin and thevalue of the public's politics expression freedom, specially introducts the reasones of replacing the traditional freedom of speech t with he political expression freedom in this article; At the same time, through analyzing the values of the public's politics expression freedom gets the necessity of limitting the public's politics expression freedom. In the third part, it introduces the judicature practice of American to tell the theory of dividing the expression freedom into speech and behavior and combes its development process in details. It also points out three key questions of this theory which we must pay attention to in practices. Then, accrodding to the cases, it tells the reasones, the necessity and the feasibility of introducing this method into our country. Last, it prominently introduces the value of theory in thoughts and advocates our country judge ues the theory when they performes their trial power. When the judge limits the pulic's expression way, they should obey to the forbidden orders which are clearly saided by law.In the fourth part, it introduces the principled limits which are set up by the judicature practice of American in the content of the public's political expression freedom. It also points out that when we limit the content of the public's political expression freedom in our country, we should balance and weigh the content of one's political expression will lead to a serious harmness or not. Meanwhile, when the judge determinates whether the subject exercises his expression freedom is right or not, he has to grasp the various subjective factors and the objective factors(including macroscopic factors andmicroscopic factors) synthesizely,namely obey to the balanced principle. Finally, In order to determine the scope of expression freedom in the real life correctly. But it should have a guidingideology, that is the limit in conduct shoule obey the fellowing order that is not limit the content is the principle but the limit is the exception.Therefore, we must give a reasonable standard to the pulic to exercise their political expression freedom. On the one hand, the limits of the expression way should be forbidden clearly by the law. So long as if the law permits it,then it must be legal and fight; On the other hand, we must use the balanced principle to weigh the content of pulic's political expression freedom according to the idea of undering the government by law. So long as if we iss one's political expression freedom, it may bring the positive effects heigher than the advantages of laissezing it, then this expression content must be legal and right. This is the right limit of the public's spolitical expression free.