The Theory Of Balance Mechanism Of Freedom Of Expression And Its Construction

Freedom of expression is one of the basic human rights, which is listed at the first place of the human rights sequence. Freedom of expression is valuable in social development, psychological wellbeing of the general public, as well as the social stability. In addition, the expression of freedom itself could also contribute to the development of other civil rights. Therefore, freedom of expression has been legally recognized as the fundamental human right worldwide. Whereas, freedom of expression is not the heritage of the civilization from our history, China Communist Party and the government highly emphasis the freedom of expression, because of the contribution of freedom express for our society. Freedom of expression is also nominated as one of the "Four rights of Civilians" in the final report of the17th People’s Congress Assembles. But in reality, freedom of expression is still companied with the "imbalances". In this paper, we believe the key to solve freedom of expression with "imbalances" is the boundary of freedom of expression. In the other word, the boundary of expression freedom is the mechanism of balance.The first part of this paper is "the overview of expression freedom", which firstly discussed several definitions of the freedom of expression. And then, the paper summarized the value of freedom of expression. In the end of the first part, the concept of boundary has been precisely defined with the insights from both ’longitude’ and ’latitude’ of the system of the civil rights.The second part aims to demonstrate the feasibility of boundary and other relevant mechanisms. Our conclusions are mainly based on Chinese and Western Historical Developments, concept of constitutional government, and practical needs. The third part inclines to discuss the "imbalances" in China, especially from the aspects of government, civil and social.The last part of this paper analyzed the "imbalances" according to part three. We made our conclusions from the three aspects--the government, civilians and society. Examples are also included in the last part. The finally conclusion highly generates the main point and approaches of the author.