On The Legal Persons’ Freedom Of Political Speech

The traditional view that freedom of speech is the exclusive rights of natural persons,but after getting the basic rights,the legal persons’freedom of speech is getting attention and attention.lt is generally considered that speech can be divided into political speech and commercial speech, key political speech is the speech to the public, that is political when the speech is in the public interest, and public welfare.Legal persons has published political freedom of speech has a double meaning:first it can maintain their own corporate personality interests, is the legal status of independent guarantee; and then legal persons can make political opinions which has nothing to do with themselves in public affairs, and thus bear the national and social political communication function,and then become the interaction between state and society,so the formation of public opinion is an important part of promoting the structural differentiation of state and society.The unique interests of the legal persons departs from its members,it is different from the natural persons in the source of rights, and the special objective to maintain independent interests and the way to exercise this basic right.The essential objective lies in the risk prevention of private subject intervention by the public power, the public should be carried out on the legal, the law of the type of distinction, to pull out the private legal person, which is vulnerable to the main intervention of public power,which are classified as the political freedom of speech rights subject scope; the public legal persons in our country,specifically including the state organs,administrative legal institutions and society the public welfare institution legal person; and private legal person including the production business enterprise legal person, legal institutions and non official corporate social groups.The current constitution has not include the legal persons’political speech, shall take the approach of constitutional interpretation, the creation of argumentation in the 2004 constitution amendment provided the human rights provisions, so that the interpretation may become a reality, as the legal person to expand through the "human" into the interpretation of the main constitutional view.Legal political freedom of speech from the law of their qualifications, including two aspects, one is to discuss the legal public express through the thirty-fifth of the constitution of freedom of speech in terms of freedom, namely legal persons selves published for general public affairs opinion freedom; the two is through the forty-first of criticism and suggestion right extended political freedom to criticize, namely the legal persons for the state organ and its staff to give advice and make criticism on its free exercise legal rights violations.The political freedom of speech must be through the internal constitution, law. And the rules of procedure of the review, the completion of the initial shape of the rational,and then built a bridge between the government and citizens. The legal political freedom actually enjoy cannot do without the guarantee of law, department of law should be carried out in accordance with the constitution who clearly defined, and create a perfect legal system of freedom the political expression of legal protection.The distinction between the function between freedom of speech and freedom of the press, the maintenance of private subject freedom to express opinion interests, the latter is to maintain their public statements. With the rise of the media since the legal person, the subject of freedom of the press in our country achieved by public institutions such as radio, television and other exclusive. To have an independent legal status from the media and the sharing of institution change. As institutions of radio, television and other do not enjoy the political freedom of speech from the media corporation. political freedom is entitled to the realization of the identity of the political fission, exercise of the right to freedom of speech is the inevitable requirement to safeguard their own interests, which belongs to the field of negative freedom, the state shall not invade; but as the speech function of the media is the country needs appropriate intervention, in order to maintain the ecological balance of political opinion the unique legal person.Because of money, human resources and other advantages, the country must fulfill the obligations actively corresponding to its regulation, regulation should take two paths:for the provisions of article forty-first of the constitution and political freedom to criticize, only distort the facts in corporate deliberate or when the party can regulate it; for the provisions of article thirty-fifth shall be subject to the regulation of free public discussion of the principle of proportionality review. Specific can take through the legal regulations, industry association chamber of commerce and the legal organization ethics regulation methods.