Constitutional Research Of The Freedom Of The Press And News Legislative Studies

The freedom of the press is at the especially important position in the constitutional right system, has the deep academic foundation, has the significant status in the modern constitutionalism system, and is the precondition of constitutionalism and democracy.Firstly, the article analyze the attribute of the freedom of the press, promulgated the private right essence of the freedom of the press ,from altitude of constitutionalism , moreover, from angle of restricting national power. This thesis carried on the theory inspection to a series of constitutional right foundation which were the freedom of speech, the people's sovereignty, the right to know, the criticism and suggestion right. It not only broke through the former limitation which only proved constitutional foundation of the freedom of the press from the theory of freedom of speech, but promulgated its deep constitutional connotation from a more comprehensive angle of view. It expatiated constitutional function of freedom of the press, which were restriction of national power and promotion of democratic participation.The news legislation and the freedom of the press are two sides in one question; the news legislation is the basic guarantee of freedom of the press. The article inspected the unoptimistic actuality of freedom of the press and news legislation comprehensively, and carried on the profound analysis to the present news legal framework. What's more, it analyzed the problems and reasons, to seek a brilliant plan, which would promote freedom of the press to go out the plight gradually.Moreover, with the help of comparison research, the article inspected the news legislation and the system in foreign countries. Through the understanding and reference of the US, France, Germany legal form, the article internalized the reasonable theory factor and the experience, for the purpose of establishing a mode of news nomocracy that suits the national condition of our country.Finally, the article used the viewpoint, which is the theory of system and process, with an eye to our country. It also proposed a series of systems which suits our national condition, conformed to the principle of constitutionalism. It inquired into with emphasis the necessity and difficulty of legislation, finally proposed to establish one perfect news legal framework that take the constitution as the basis, take the law as the main body, conformed to the value of news law, and was for the purpose of promoting the freedom of the press. And as footstone of constitutionalism and democracy,it will play the role which will be supposed in nomocracy of our country.