On The Constitutional Protection Of Freedom Of Thought

In today’s era, the innovative ability is an important indicator for a country or a nation to develop potential and comprehensive "soft power" In the period of the leapfrog of science, technology and economy development in human history freedom of thought is undoubtedly the most important condition.The basis for emancipating the mind lies in the individual freedom of thought as a basic right which could get legal support and recognition. But the freedom of thought as a constitutional basic right widely prescribed in modern states didn’t get constitutional confirmation and academic attention in a degree it deserves.This paper is divided into five parts. The first part introduces different historical periods of the development of freedom of thought and existence, and from different angles analyzes the environment and background of thought’s freedom at the time of its existence and development. The second part refers to the definition of freedom of thought, especially to the meaning of the word "free" in the first place in the context of freedom of thought, with a specific express in boundary points, and then introduces the different opinions from scholars to define the meaning of freedom of thought and eventually expresses the personal ideas about the meaning of the freedom of thought a bit. The third part focuses on the induction, on the one hand, by reviewing the previous research results of the predecessors’ written constitutions, on the other hand in collecting the latest information about the idea of freedom of thought in the world-wide written constitutions in the current situation.The fourth part discusses the significance of freedom of thought penetrated into our constitution.This paper argues that freedom of thought firstly is a fundamental human right, and it is an absolute human right with no exception. Specifically, freedom of thought means everyone has free thought in his mind, this kind of freedom cannot be infringed by any individual or organization. Apart from such infringement means immunity from disadvantage or arraignment owing to thought, and it also means inability of forcing the people to have or not to have ideas, or forcing the people to accept some ideas.. Such a freedom shall be provide by the constitution as a basic human right in stipulation of norms and protection. If China puts thought’s freedom into the constitution, it will not only fill the blank of legislation and but also adapt to the international trend in legislation, effectively protect the citizens’ rights and interests, encourage innovation, and make the rule of law, rule by constitution live as the source of living water and foundation stone.