On The Legal Protection Of Civil Freedom Of Expression

Although freedom of speech being "embryonic" on the body of China's Constitution has been a century, but the freedom of speech truly becoming the legal rights of citizens "towering tree" is still distant. For a variety of complicated reasons, in our country freedom of speech is still not sound legislative, the judiciary branch still stick to "judicial restraint" tradition are not positive to the protection of citizens to freedom of expression, only remain in case the protection level, there is no freedom of expression truly realized. At the same time, the legislation "missing" and the administration of justice "inaction" and the reasons for the system so that the sector on the theory of value and meaning of freedom of expression and means of judicial relief issues such as the lack of systematic research. Now based on the issue of legal protection of freedom of speech theory and practice abroad, the thesis will discuss the protection of our citizen's right to freedom of expression of legal protection for superficial research.This paper is divided into four parts. The first part, elaborated on the definition of freedom of speech and freedom of speech on the significance of protection through the "speech" and "freedom" in the historic recall their content, in summing up various theories on the basis of the freedom of expression defined as: it is that citizens in the constitution and constitutional laws and treaties do not prohibit provisions of the cases, the use of various media or means to show that the public display or transmit ideas, viewpoints, ideas, opinions, feelings or information, knowledge, etc. are not covered by others interference, restraint or punishment of the autonomy of the state. At the same time, on the basis of this, the significance of the protection of freedom of expression is involved. The second part explains the status quo of foreign citizens freedom of speech on the legal protection, focusing on the United States, Germany, France, Japan and other major Western countries to their citizens the right to freedom of expression protection legislation and practice, by analysis the legislation on the protection of foreign citizens and judicial protection of the status quo trying to provide reference for the legal protection of our citizens freedom of speech. The third part focuses on China's freedom of speech of citizens in the legislative and judicial protection of the status quo of China's legal protection of citizen's freedom of speech in the legislative concept level, the system level and judicial level, the reasons for the deficiencies and specific performance. The fourth part designs the legislative systems construction of the protection of freedom of speech in China to improve the overall system from the legislative concepts, legislative norms, and judicial relief.