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On The Right Of Citizens To Criticize And Suggest

Posted on:2020-06-25Degree:MasterType:Thesis
Country:ChinaCandidate:P J ZhaoFull Text:PDF
GTID:2416330575460929Subject:legal
Abstract/Summary:PDF Full Text Request
Criticizing and proposing rights,as an important basic citizenship right in our country's constitution,deserves full attention.The right to criticize and suggest is one of the new civil rights that was added to expand the democratic rights of citizens in the process of constitutional amendment in 1982.This is not only the reference to the advanced experience of the Soviet Constitution in 1977,but also the unique political practice of our country.closely related.In fact,the theory of "criticism and selfcriticism" as an important form of intra-party democracy has played an important role in intra-party democracy and inner-party supervision.The history of the constitution is the history of the party leading the people to make constitutional amendments.The right to enter the constitution naturally also has an impact on the party's political theory.The right to criticize and write in the Constitution is an important way for the people to exercise their right to be the masters of their own affairs.Its value lies not only in the supervision of state power,but also in its participation in political public affairs,which is to expand people's democracy and explore the people.Today's orderly participation in political affairs should exert its unique value.In addition,there is a cross between the two basic rights of criticism and freedom of speech.The right to criticize and suggest has a competitive relationship with freedom of speech in many aspects.The solution to this kind of competitive relationship lies in Interpret the provisions of the criticality of criticism as a special clause of the freedom of speech clause,and criticize the clause of the proposed right as a public expression clause with political expression as the core.This interpretation can distinguish the difference between public and nonpublic speech in the constitutional text.Public speech is specially protected to better play the importance of public speech for the development of democratic politics.The realization of citizens' right to criticize is inseparable from the full guarantee of the state.This kind of guarantee is inseparable from the non-interference of the state in exercising the right to criticize and suggest citizens,and it is inseparable from its construction of various systems to promote citizens' deep participation in democratic politics.However,China's current criminal law “defamation” clause,because of its relatively vague and abstract provisions,has led to many cases of suppressing citizens' criticism and criticism in the practice of defamation.The fuzzy abstraction of this provision gives citizens the right to criticize and suggest.Normal exercise has caused a greater threat and should be revised by the Standing Committee of the National People's Congress.In addition to this kind of non-interference negative protection,the relevant systems of the "Legislation Law" and other legal provisions have been greatly developed in the past two years,but they need to be refined and improved.
Keywords/Search Tags:the Right to Criticize and Suggest, Supervision, Freedom of Speech, Crime of Defamation
PDF Full Text Request
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