The Research On The Evolution Of The Prohibition Provisions In The Publication Laws After Establishment Of PRC

The publishing legal system is an important part in China’s legal system construction.So far,China still does not have a single-line publishing regulation.The highest ranking in the field of publishing regulations is the "Regulations on Publication Administration" promulgated by the State Council in 1997.The"Regulations" have been revised four times and the most recent revision was February 2016.Articles 25 and 26 are prohibited content,and they are also the core and starting point of my study.Article’ 35 of "China’s Constitution" stipulates that citizens of our country have freedom of speech and publication,but both freedom of speech and freedom of publication are limited.Publications are both materialized spiritual products and commodities that are circulated on the market.The dual nature of publications determines the content of publications is particularly important,so the "prohibition of publication content" is inevitable,since the publication appeared in this world,freedom of the press has been limited to varying degrees.From the perspective of the development of human civilization,any country has implemented the "prohibition of publication content".Although the degree,form,and purpose of the "prohibition of publication content" are different,the original intention of the "prohibition of publication content" is similar.After the founding of the People’s Republic of China,a number of "prohibition of publication content" regulations were also promulgated:The author combed two stages in the order of time,and divided into two stages.The first three decades after the the founding of the People’s Republic of China and after 1979.Regulatory content presents two features.The first feature is the evolution of regulatory forms.In the first three decades of the People’s Republic of China,China mainly implemented "prohibition of publication content" by issuing regulatory documents,but since 1979,it gradually began to implement "prohibition of publication content" in the form of legislation.During this period,there were mainly two landmark legislations.One was the"Criminal Law of the People’s Republic of China" promulgated by the National People’s Congress in 1979.Starting from this law,someone who publishes a publication with "prohibition of publication content" would be included in the Criminal offence.The other par’t is the landmark legislation of this study,the"Regulations on Publication Administration".As China’s first specialized law in the field of publishing management,the "Regulations" are more systematic and comprehensive in "prohibition of publication content".The second feature is the evolution of the contents of laws and regulations.The first three decades of the founding of the People’s Republic mainly focused on the content of principle,politics,and macroeconomics.Since 1979,it began to gradually develop into detailed fields.By analyzing the content of published laws and the articles 25 and 26,in accordance with Article 21 of the International Covenant on Civil and Political Rights,the author classifies the "prohibition of publication content" of New China into three categories according to the object.In accordance with Article 21 of "International Covenant on Civil and Political Rights",the author classifies the content into three categories according to the object which are national security,social order and individual rights.And the author will select the most representative and most classic one or two points to analyze the content of the three categories,which will also be the main part of this article.The body of this article contains the following sections.The first chapter focuses on the fact that "prohibition of publication content" is historically inevitable,and then elaborating the changes in the concepts of publishing and publications in legislation and academia,and then explained that freedom of publication is a relative right.The history of "prohibition of publication content" is with the emergence of the history of human publishing,both the history of the West and China have had a history of "prohibition of publication content".The second chapter is a review of laws and regulations.On this basis,in conjunction with the "Regulations",the "prohibition of publication content" object is divided into three categories and one or two of them are selected to be analyzed in the next three chapters.The third chapter selects the content of "national security",that is,the prohibition of the publication of content involving state secrets and the prohibition of publishing content that undermines national unity and religious beliefs.This chapter first analyzes the characteristics of evolution in legislation as a whole,and then analyzes issues arising in the legislative process from the aspects of "prohibiting publication of contents involving state secrets" and "prohibiting.publication of content that undermines national unity and religious belief’.And through examples to reflect the performance of specific law enforcement.The fourth chapter selects the content of "social order",that is,the change ofobscenity and pornographic content.This chapter analyzes the characteristics of the contents of the regulations from the "evolution of obscene article recognition standards" and "the evolution of the punishment for the dissemination of obscene articles",and puts forward some suggestions on these issues.The fifth chapter selects the content of "individual rights",that is,the changes concerning the control of the content of minors’ publications.Through the analysis of the content of laws and regulations,in the legislation of publications for juveniles,changes have mainly taken place in the "type of minors’ publications" and "the state’s management of juvenile publications".Through the analysis of the above three categories of content,the author found some problems in China’s legislative process relating to the "prohibiting publication of contents" publication laws and reached some conclusions.In the era of Internet publishing,these questions and conclusions may provide an optimal direction for content management of current and future web publications.