The Late Qing Press And Publishing Legislation

The exchange carrier in writing to the human society has appeared since the word had been made out. But the publishing activities came after establishment country. And the relevant regulations came forth correspondingly. The author calls these regulations as Legislation of the Press and Publication in modern significance. As the rise of modern western liberalism, major country in the Western press and publications law has undergone a major turning point, formed and established the principle of freedom of the press in modern times. After Opium War in 1940, the advanced intellectuals has accepted the Western concept of freedom of the press that introduced into China, and formed the new idea of the press and publication compared with the conventional concept At the crossroads of the old time, both reformists and the conservative forces anchored their hope in adopting a new law to establish their own ideas. So did the Legislation of the Press and Publication. Though it's last for a long time, the laws had enacted gradually. The Press and Publication law has it's historical limitations and the characteristics of the times as same as the other law changed in the late Qing Dynasty. Since the laws existed many shortcomings, it was boycotted by different sectors in the implementation process. Nevertheless, the Legislation of the Press and Publication in the late Qing Dynasty is very important in history. It was at this important stage of opening the modern China Legislation of the Press and Publication, and the beginning of the modern Legislation of the Press and Publication. For this period of history, the scholar of the press has much more reviewed as the development of the News Media, than inspected it by combining with the laws and regulations of the Press and Publication. According to this, considering the transformation of the concept of the press and publication in late Qing Dynasty Press and it's impact on the legislation, this thesis will review the background, the legislation advancement, the major system, the implementation condition of the Legislation of the Press and Publication in late Qing Dynasty, to probe into the conflict between different concept, the features of the new legislation, and it's status of the legislative history of modern China Press and Publication. The whole thesis can be divided into the following parts.In the introduction the writer briefly discuss the status quo of the present study, the purpose the writer intends to achieve, the methodology employed in the present study.Part I About the background of the legislation of the press and publication in the late Qing Dynasty. Western concept of freedom of the late Qing Dynasty invaded strongly, the civilian published newspapers enthusiastically. However, There were incisive contradictory and the intense conflicts in many stratification planes between Chinese and the Western two kind of press and publication idea. The legislators paced back and forth, choose between two kind of distinct legislation guiding ideology. This part mainly discusses three major problems. Firstly, the character of the Press and Publication law in traditional Chinese society. Mainly introduce the traditional legislation characteristic that is controlling the news publication enterprise arbitrarily and tightly with numerous methods, which showed the Chinese tradition news publication legislation guiding ideology is the centralization -like, despotic, take the close control opinion, the thought serves as the despotic rule for the goal. This kind of the press and publication idea and the concept of controlling and the legal tradition have the deep level influence to the end of the Qing Dynasty ruling class's press legislation. The second, Modern Western bourgeois concept of the press and publication, and its main legislative ideas. Western modern times freedom of the press idea starting, has formed with the feudal period completely different freedom of the press idea, impelled the Western press and publication legislation historical transition. Both the Western freedom of the press and publication idea and legislative ideology had been spread to China with the China and west culture intense collision since the Opium War in 1940. The third, how was the ideology diffused in China. It experienced a long time to spread, Because of contradictory conflict between the traditional and the modern concept. only through four main channels for the various strata of society as cognitive. Exchange ideas collision between China and the West press and publication idea resulted that, the press and publication legislation was put on the agenda.Partâ…¡Legislation of the Press and Publication in late Qing Dynasty. The concept of freedom spread through prolonged, in a number of advanced intellectuals forming a new concept of freedom of the press compared with the conservative thinking of the ruling class formed a sharp contrast. The latter Qing dynasty news publication legislation process is following two political influence contest, which directly affect the contents of the press and publications. This part mainly discusses three major problems. Firstly, advancement of the press and publication legislation in the late Qing Dynasty. The legislation of the press and publication had tried at least twice. In 1898-1899, by the reformers pushing for a series of legislative preparations, in constitutionalism period the government and the people together to promote the second legislative activities. The first legislation was defeated because of the conservative political forces, at the second time, enacted several laws to be implemented. The second, regulations of the Press and Publication in the late Qing Dynasty. Two times legislates the Legislation and regulations constitute were different, pre-imperial edict were Emperor Guang Xu a series of imperial edicts primarily, late relatively complete legal system, including the constitutional law of special laws and regulations, and other punitive laws and regulations. The third, the basic legal systems. Including the establishment freedom of speech principle, the disposition correlation control section layer upon layer monitors, the news publication organization, the news publication registration control system, prints the imprisonment to refer slanders the system, the newspaper endures carries the item, the surveillance censorship and so on the primary coverage.Partâ…¢Comment on the legislation of the Press and Publication in late Qing Dynasty. Second news publication legislation has issued for execution several important news publication aspect law under the constitution document, has formed a relatively complete system of laws and regulations for the management of the press and publications. The Qing government all was take these legal laws and regulations as the basis management until 1911 outbreak. This part mainly discusses late Qing Dynasty news publication legislation time characteristic, implementation condition, questions and so on historical situation. Including conservative and complacent, passive legislation; The difference treatment, divides and rules; The legal content is chaotic, the legislation technology is rough; Restrictions and obligations, protection and rights seldom mentioned; Western civilization strange mixing of the law. But the implementation condition has not achieved the legislator's original intention, since the late Qing Dynasty press and publication law failed to meet its own shortcomings and the lack of popular support. As the position of the press and publication law in late Qing Dynasty, it's first batch of news publication legislation in the Chinese modern history, has opened the legislation of the press and publication in modern China, and had a certain degree of impact on the press and publication law in the period of Republic of China.