Research On The Legal Guarantee Of Chinese Right Of Press Supervision

The democratic constitutionalism countries pay more and more attention to one kind of supervising form, right of press supervision. With the rapid development of the socialist country ruled of law in China and gradual enhancement of citizenry aware of their rights, right of press supervision shall be amply protected. Our press supervision has a short history and various problems. At present, academic circles have the deficiency in study on the theory of right of press supervision. Our right of press supervision cannot make full use of its functions in practice. We should improve a great deal of questions. The strengthening and improving of right of press supervision is a huge systematic engineering. As a constitutional right, right of press supervision is closely connected with the theory of freedom of speech. Nowadays, the research of right of press supervision should be of benefit for improving our democratic political system.Only a comprehensive survey of right of press supervision and definition of its meaning, nature, factors can further strengthen legal protection of the right. The paper concludes three parts. In part one examines the basic theory of legal guarantee of right of press supervision. The author holds that right of press supervision is citizens’right to conduct supervision by the means of mass communication. Right of press supervision in China is the right of our citizens based upon the socialist system. It can reflect the aspirations of the popular masses. The significance of legal guarantee of right of press supervision is to effectively prevent them from abusing administrative power, to help boost a fair trial, to promote the constitutionalism construction. At one time, we should also learn and draw on their experience of legal guarantee of right of press supervision from the main western countries. The second part carries on the elaboration to some problems in the legal guarantee of right of press supervision. The system of legislation guarantee of right of press supervision is inadequate. The concrete features are that:the lower validity hierarchy of law; the lack of special legislation; the inferior maneuverability of law. The implementation of legal guarantee of right of press supervision is not strict, such as the lack of government transparency; the resistance of press supervision from some officials. The judicial protection of right of press supervision is also poorly enforced. In order to resolve above-mentioned problems, the third part provides suggestions to improve the legal guarantee of right of press supervision. According to our national conditions, vigorously doing legislation is the basic means of resolving the problem. Perfecting the constitution is to establish the highest legal authority in our national legal framework. In order to ensure the implementation of right of press supervision, we should work out the special law, such as the press law, the press supervision law. We should clearly define specific principles and detail relevant regulations. In the meantime, through changing the traditional ideas, setting up information opening and reporting system, structuring the platform of information communication between the government and citizens, we can advance the opening of government administration. The protection of various functional departments shall also be increased gradually in order to improve our implementation system of the legal guarantee of right of press supervision. The author thinks that we can broaden judicial protection by the following four measures:adhering to the principle "who advocated, who presented evidence"; drawing a distinction between infringement and inaccuracies; balancing the conflict between right of reputation and right of press supervision; reducing the affection of human in press infringement suit.