The Right To Express

Democracy for the country, the right to express simple, the right of citizens to express their views in accordance with the law, especially in view of the public life of the State, is another way of saying "freedom of speech" rights,"the free airing. Highlights of the development of China’s social contradictions, conflict mediation become the top priority, the right to express as an important means of mediating social conflicts, this is particularly important. Its role and value mainly:In theory, the right of expression as a right, reflecting the different interests of different groups in society, only allow citizens full freedom to express their aspirations and gradually establish a perfect expression of the interests of different social groups mechanism public authority to the proper treatment of the differences of the different groups of interests on the basis of correct understanding and to achieve the common interests of the citizens, in order to avoid the country into protest social divisions and conflicts of interest, in order to ensure sustained and stable development of society, to ensure the stability of the state. Practice, the right of expression is an inevitable requirement for citizens of the masters. The enhancement of the rights of expression and emphasize compatible with China’s socialist rule of law, economic development of civilization, democracy, scientific decision-making on all levels of government have important assurance and oversight role. Therefore, the right to express profound theoretical and practical significance. Start from the basic question of the right to express, to explore the right to express an overview of the history of evolution, and then analyzed the existing problems of China’s right to express and reason, on this basis, to talk about our right to express perfect.This paper is divided into four parts.The first part, an overview of the right of expression. First, to explore the meaning of the right of expression, the right of expression, whether it is international or China do not have a clear legal title, but a general overview of the same. This article from the expression, freedom and rights to be understood its meaning. Second explore the scope of the right of expression, scholars express their views, opinions vary. This paper argues that the scope of the right to express freedom of speech, freedom of the press, freedom of assembly and freedom of association of four major categories. Again, to explore the role and value of the right of expression, I believe that the right of expression is the cornerstone of democracy, and is conducive to the social contradictions decompression; expression of the right to basic tasks according to the core, is conducive to individual self-realization; expression rights of democracy, science premise and conditions of the decision-making, is conducive to the formation of scientific and democratic decision-making; right to express the power of the spirit of the progress of human society and conducive to promoting the prosperity and development of the cultural and conducive to promoting the construction of an innovative country; expression of the right to oversee the state power inevitable requirements, is conducive to promoting the process of institutionalization of power restriction and supervision.The second part, the right to express the historical process. Some of the major foreign and domestic, to sort out the historical evolution of the rights of expression. First, to explore the development of the foreign rights of expression. The right of expression in the West after a long and tortuous process of development, I believe that it can be roughly divided into the following three stages:infancy, establishment and development period, the peak period. Secondly, to explore the development of China’s right to express. Monarchical, no defendants atmosphere, our right to express slow development. This paper argues that the development of China’s right to express mainly include:Spring and Autumn Period,"a hundred schools of thought contend", based on the difference of the ultimate purpose of public awareness and modern, not freedom of expression; period of feudal autocratic seeking remonstrance remonstrance traditional, but the expression was not free; before the founding of the course of development, although the bumpy little has been achieved, but awakened the expression of the people’s awareness of their rights; After the founding stage of analysis, generally experienced initial development setbacks and serious setback, the initial recovery and gradually matured.The third part, the existing problems of China’s right to express and reason. The first is the absence of relevant laws and cause analysis of existing problems from a legal point of view, the main problem:the next bit of the Constitution Act missing, so the Constitution provides for the principle of the protection of the right to express non-existent; uneven legal protection, in practice the formation A freedom of speech a mere figurehead, remarks responsibility is emphasized unbalanced pattern of legal protection; different legal entities have not been treated differently, our legal citizens and government officials as this situation does not match the trend in the world of the same subject in urgent need of improved. Followed law enforcement procedures and the lack of censorship, the scientific program is one of the important results of scientific safeguards to protect the realization of the right of expression on the program must establish a set of compatible system to be protected at the same time, the face of the embarrassing situation of China’s current constitution urgent need to establish suitable for China’s unconstitutional censorship. Once again, other aspects of the problem:a sense of civic rights, the information published there is a gap between the needs of citizens, civil rights and the exercise of docking and security issues.The fourth part of our right to express perfect measures. First, based on the existing problems of China’s right to express and academic research accumulation is not deep, learn from foreign good judicial practice eg, the actual malice guidelines, public figures standards, a clear and present a serious risk criteria, a constitutional crisis guidelines. Second, improve the system of protection of the right to express. Unconstitutional censorship angle from strengthening program construction from the constitutional guarantees and the development of a special law to improve the current legal system;, try to improve the enforcement procedures and censorship; petition system, hearing system, the mass media platform and network expression platform to improve the protection of expression the right of the administrative system. Again, enhanced expression of awareness of the rights of the citizens of their own, including:improve citizens scientific and cultural qualities and political literacy; strengthening the rule of law publicity and education; sound civil legal construction.