| A truly protect freedom of expression of government just might believe people and rely on public opinion policy, obey the people's rights and interests. No freedom of expression, the right to rule will be abused, which caused the violation of personal dignity is difficult to be effectively controlled.It with aging fast,free will,pursuit of truth,publicity democracy,checks and balances of democratic citizenship status and maintenance of democracy that contained in the other values and interests. Thus, freedom of expression as an important human right, not only promote the survival and development of human society, but also the construction of democracy and the rule of law essential elements. Many countries take the freedom of expression as a basic civil rights into the Constitution and became an important research topic of the constitutions of countries.Therefore, form a scientific understanding of freedom of expression in theory and form mechanism of protection of citizens to freedom of expression in practice have the vital significance to construct constitutional society. This article is going to To find out the general theory of freedom of expression, the status and inadequate legal protection of freedom of expression in our country, as well as drawing foreign legal protection of freedom of expression, etc.Paper is divided into four sections. The first part of "the general theory of freedom of expression,"first introduced several meanings of the definition of freedom of expression in academic. and then elaborate the importance of protect the freedom of expression from the perspective of the value;And on this basis, this paper focuses on the theoretical basis of freedom of expression;Finally, from the perspective of relative rights, under the premise of admit freedom of expression is fundamental rights,analysis the relationship between public interest and private interests,in order to clarify the limits of the right to exercise freedom of expression. Next, the second part comb law guarantee about the freedom of expression on the current situation in the aspects of legislation and law enforcement.Which admitted the freedom of expression has made considerable development,at the same time, this paper focuses on encountered when freedom of expression face the conflict of national security and public order in reality,it will appear insufficient. And in the new environment of the development of the network information,problem which exist in legal protection of freedom of expression,etc. And draw the existence of the real reason behind these deficiencies so as to lay foundation for the end of this article discussed how to improve the legal protection of freedom of expression.The third part firstly two legal brief on behalf of the state in a typical legal protection of freedom of expression about the history and current situation,and select three countries like the United States, Germany and Japan in-depth analysis, including those countries' general theory of legal protection. Outstanding introduces in the judicial practice,the expression of the different legal protection for the different principles and standards of excellent experience to draw useful from these countries lessons for China.Through our previous study on the status of legal protection on freedom of expression and abroad about the theory of legal protection, legislation and implementation measures, it is easy to see in the protection of citizens, there exist many unfavorable factors from the conception of the system to the judicial practice.To protect freedom of expression, the last part of this article actually made based on our concept and establish the concept of fundamental rights, while improve constitutional, legal and judicial systems,so built up a comprehensive mechanism for legal protection of freedom of expression. |
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