The Right Of Freedom Of Speech And Its Limit

As a basic right of modern citizens, the right to freedom of speech is not only a matter of personal freedom and dignity, but also a matter of the development of human society, politics, economy and culture. Marx pointed out:"freedom of opinion is the most sacred for all, because it is the foundation of everything." The purpose of this study is to explore the practical significance which it may have on improving the legal system of the right to freedom of speech in China through the careful combing of the right to freedom of speech and its limits.The right to freedom of speech refers to the right of citizens to openly express their opinions, ideas, opinions and the emotional content through various means without unlawful interference, restriction, accountability and violation, which is recognized and supported by law. It is conducive to the realization of individual value, to safeguard human rights as the base of democratic politics and the valve of social operation. Types of freedom of speech not only include political speech, commercial speech, academic speech, auxiliary speech and contrary to public interest and morality, but also include symbolic speech, freedom of news and press, freedom of association assembly and demonstration, and so on. In an increasingly pluralistic society, the conflicts between the freedom of speech and the right of reputation, the right of privacy, public interest and morality are increasingly prominent. These conflicts of interest can be weighed through principles of preferential treatment, prior restraint as the exception and so on, which contributes to provide a forward-looking and predictability of the results of case for the parties,to improve the efficiency of solving problems. In turn, this promotes the protection of citizens’ right to freedom of speech.Although the constitution of our country and the law give citizens the right to freedom of speech, there are some problems about its protection and restrictions, for example, the constitutional freedom of speech has not been well implemented, the abuse of power leads to obstacle of freedom of speech, there are many problems of the cultural management system, the cultural review mechanism is too strict, citizens don’t pay much attention to the right to freedom of speech. In this regard, we should speed up the construction of the government under the rule of law, improve the legal system, pay attention to the implement, strengthen the restriction of power and the propaganda and education of rule of law, transform functions of government, reform the cultural management system, establish the control principle of freedom of speech, enhance the awareness of the rights of citizens, step by step, make everybody establish the belief to modern democracy, the rule of law and human rights as soon as possible, exercise their rights and perform the corresponding obligations according to law. Although this road is difficult to walk, the mission is glorious. As long as we think with one brain, we do with one heart, and give full play to the spirit of revolutionary, the freedom of speech of our citizens will be better protected, we also can truly rank among the world powers, achieve the country’s long period of stability and the glorious dream of Chinese rejuvenation.