Criminal Prosecution Case Of Constitutional Thinking For Comments

Since China’s human rights into the constitution in2004, China’s increasing degree of the rule of law, citizen’s right consciousness is growing. Because our country is in the primary stage of socialism, and in the period of social transformation, so all kinds of social contradictions is still widespread. In recent years, a "for convicted" case caused the extensive concern of social public opinion. Become a representative of the legal problems. This article attempts through "Chen Fuping case" raises problems, and puts forward some Suggestions.From a constitutional perspective,"convicted" case is the essence of citizen’s freedom of speech and the state control of speech conflict. Freedom of speech is the constitution of citizens basic rights. Security broadly protective to freedom of speech and restrictions on the two dimensions. Under the constitutional lawsuit system in China, to realize the protection of freedom of speech depends on the specific provisions of other department. Criminal law on the protection of free speech, plays an important role in China’s criminal law and the constitution is freedom of speech, however, that this issue is a clear value orientation cohesion badly, it is also because "convicted" case of the important reasons. To properly handle such cases it is necessary to define the legal boundaries of free speech. When determining the legal boundary of free speech should be rationally for the balance of legal interest, and clarify the rights and obligations of the corresponding relationship is the key to set the balance of legal interest.