The Freedom Of Expression And Limitations About Commercial Speech

The constitutional protection of freedom of speech is the national symbol of democratic progress, which has been recognized by most of the countries. The status of freedom of expression in the fields of business is becoming increasingly important with the rapid development of market economy. However, we have to face this reality, the constitutional status of commercial speech remains controversial. Countries in the protection of commercial speech is not yet form a unified standard and legislative mode, in specific cases in which the courts have a great deal of autonomy space. From the national judicial practice, commercial speech has experienced "is not protected by the Constitution-the Constitution fully protected-Constitution conditional protection. With the gradual development and maturation of the market economic conditions, business information become the essential aspects of citizen participation in market activities, and play a role in the maintenance of a democratic society and the judicial system building. But the profitability of commercial speech subject it is the general expression than political expression even more limited. We should clearly recognize that commercial speech is not in breach of the law and ethics. In practice, commercial speech is reason why the regulatory efforts gradually become stronger, is expressed false content increased. Despite the false propaganda, commercial slander, non-standard forms of advertising illegal commercial speech is easy to disrupt the market order to undermine the security of market transactions, consumer fraud, commercial speech restrictions should be consistent with the basic requirements of China’s constitution guarantees the rights of citizens.In this paper, based on constitutional guarantees for commercial speech theory and practice at home and abroad, to discuss the status and protection limits of reasonable commercial speech. Throughout the text to the comparative study of Chinese and foreign commercial speech protection and limit the doctrine, institutional and measures compare and combing different periods of commercial speech development, social function, level of activity, and safeguard limits, in order to clear its development trajectory. In addition, using the method of functional analysis and Experience, to explore the social function of the system through commercial speech, try to propose effective solutions for today’s slightly blank commercial speech regulation countermeasures.This paper is divided into four main parts:The first part explores the basic properties of commercial speech, a simple definition of commercial speech, defined on the basis to discuss the features and functionality of the commercial speech. Based on the characteristics of commercial speech, there are boundaries of the distinction between general speech and commercial speech. Subsequently, to the development of commercial speech in the United States as the basis for the development of commercial speech theory and practice in the United States. German law on commercial speech. The second part introduces three mainstream view:namely, the theoretical basis of the constitutional constitutional protection of commercial speech, commercial speech does not belong to the theoretical basis of the theoretical basis of the constitutional protection commercial speech limited protection. Through the introduction of the theoretical knowledge of the sub-bottom line of the protection of commercial speech difficult to delineate this problem so far below lay the foundation for problem-solving. This article through literature and comparative analysis of cases and contrast in attitude of the national commercial speech. The author attempts to logical trajectory from finishing in the countries in case of trial, the the three mainstream view of the constitutional status of commercial speech humble opinion. The third part of the first through the introduction of the status of China’s commercial speech, to undertake the previous chapter argument of the need to regulate commercial freedom. The fourth part of the attempt to study on the basis of the results of the first three chapters, tentative Business words limit the discussion of ways and means of commercial speech constitutional limitations on the analysis proposed model construction. This paper argues that the reason for China’s lack of understanding of the commercial freedom of speech and the sustenance of the law, largely because of some problems of survival of a society governed by the rule of law exists in the lack of soil as well as social practice.