Study On Protection Of The Right To Say

The right to say, expression of freedom of the spirit in political freedom, is that ideas of the freedom and equality are really embodied in the performance of the bourgeoisie. Therefore, the right of citizens to freedom of expression as an important part of basic rights is more and more attention. Based on the definition of the right to say, characteristics, limitations and safeguards outlined, author leads to significance of study on insurance system of the right to say, and then reveal its problems in insurance system. Public power and private power in the unity of opposites process, the private right is always a weak position. In addition to state power in modern society, there are other advantages of social organization, individual rights in the course of confrontation with them is still a weak position. Because the right to say without the aid of a system is at the center in the system, its infringement is inevitable. Public authority is including legislative power, executive power and judicial power; private right is the right to say. This article have revealed problems of insurance system of the right to say: first, the lack of legislation to protect is that the right to say is the vague definition, lack of protective regulations, restrictions too broad. Second, the right to say is the lack of administrative protection is that oversight of the right to freedom of expression not been implemented, the right to say lack of protection administrative procedures and the right to say inhibited by strong executive power. Third, the lack of judicial protection of the right to say is that the too large discretion of the administration of justice, lack of judicial guarantees of due process and subject to judicial suppression. Combined with China’s national conditions, this article reference from abroad insurance system of the right to say, and then put forward some new proposals.The legislative protection, administrative protection and judicial protection of freedom of expression is to enhance the perfect of insurance system of the right to say:legislative protect is that democracy and freedom of expression legislation; administrative protection is that executive administration according to law, safeguard the economic order; judicial protection is that independence of the judiciary, judicial proceedings and the constitutional review.