A Study On The Constitutional Protection Of Media’s Practice

Media’s Practice Right is a cosntitutional right derived from the freedom of speech, publication and the right to critique and suggest, a specific application of both in the media communication. Media’s Practice Right is fundamental to a cosnstitional country. First, it is the cornerstone of democracy, extending democratic participation. Second, it serves as a major flatform which gives more publicity to the legal system, thus complementing the rule of law. Third, it guarantees the basic rights as the freedom of speech and publication, and the right to critique and suggest. All in all, it is indispensible that it functions well given the fact that we are at a crucial stage to build a cosntitional country. Currently, the current news legislation in our country falls far behind what the society needs as sufficient, which indicates the lack of thorough theoratical research on the constitional protection of Media’s Practice Right. Upon this reason, this paper aims to review and reflect the current situation of the constitional protection of Media’s Practice Right by drawing lessons from foreign counterparts, and thus offers suggestions on perfecting the proctection in question.The paper is consisted of4chapters, which proceeds as follow.Chapter One focuses on the evolution and boundaries of Media’s Practice Right. First, it briefly overviws the historical development of Media’s Practice Right. Next, it specifies the definition of Media’s Practice Right from three aspects:its connotation, constitutional status, and relationship with the freedom of news.Chpater Two sets forth the constitional value of Media’s Practice Right. Based upon the meanings of constitutional value, the chapter exemplifies its constitutional value in counterbalancing power by rights, promoting democratic participation and constitutional construction, and safeguarding human rights.Chapter Three discusses the current constitutional proction of Media’s Practice Right. Taking media’s right to establish, interview, report, to be informed, supervise, and media self-displine as entry points, the chapter breaks down the current constitutional proction of Media’s Practice Right, and points out problems in the three levels, namely legislation, institution operation and media’s self-discipline.Chapter Four offers suggestions on how to improve the constitutional proction of Media’s Practice Right. Addressing the problems, the chapter illustrates the suggestions such as to introduce the special law on new, to establish the system of post review, constitutional judicature and to set up the commission of new reviw.