On The Right Of The Press And Public Opinion Supervision From The Perspective Of Constitutionalism

The essence of a democratic politics is constitutional government. Looking at the countries which constitutional democratic system has been established, the purpose of establishing the constitutional government is to abolish or prevent the dictatorship, establish and develop the democratic politics, safeguard the citizen's rights and freedoms. The basic principles of the constitutional government system which are generally agreed with include the general supervision system. First and most important is that the media all-round supervision.Political civilization can not be separated from the health of the news media. The duty which fall on the media is to make the operation of power transparent, to expose and attack from the abuse of power which necessarily includes the masses of the people supervising the political process especially the government's process of decision-making and policy oversight through the media. If concealment is corruption's property, then the exposure and openness is the media's instinct. On the protection of Constitution, the law and the Freedom of Information Act, the day-to-day objective and massive media reports can make power operation transparent. Special reports exposing corruption can make scandalous conduct expose in broad daylight. On the other hand, the indulgent deeds which media violate the rights and interests of others on the sensationalism commercial orientation can not be tolerated by the national law. Freedom of the press is the press to the extent permitted by law in the report, such as professional reviews. Modern society is all-pervaded by media, which is likely to cause public and private life intrusive. Therefore, the improper collection of information is reasonably restricted by various countries' defamation law, the Privacy Act, the media self-regulation and other relevant laws.By the formation of economic globalization, communicatory webbing and market internationalization, in today's reformation and opening the problems of "Institutional Defect" and "Institutional Vacuum" have gradually come out. In the mean while, corruption has been continuously-worsened. Some phenomena happened in the government for examples: "The trade between money and power or power and power", "abuse of power" etc. They are immediately needed the supervision of press and public opinions to fetch up the deficiency of judicature and legislation supervision. As a social ideology and invisible social power, the opinions of communication media can infiltrate into each area of social life. It will not only influence people's thought, conception, mood and behavior but also provide certain restriction to social power and public policy. Numerous truth prove that the supervision of news and consensus has become one of those means which can ensure the proper using of public power, improving legal governance and holding back the corruption for countries all around the world.The news public opinion supervision is an important component of our country supervisory system. Nowadays, the journalism develops so rapidly that the news public opinion supervision has been concerned highly by the Party and governments of all levels, and got wide attention and participation by the public. It has been playing a special and important role in the supervision of government, official, justice and celebrity. However, because of the absence of news legal system as well as the corresponding mechanisms, the news media's role has not been fully exploited. At the same time the news media which has not been fully exploited has been frequently injured other legitimate rights and interests.The news public opinion supervision is an important component of our country supervisory system. In recent years, it's always the social focal point of our country. Nowadays, the journalism develops so rapidly that the news public opinion supervision has been concerned highly by the Party and governments of all levels, and got wide attention and participation by the public. It has been playing a special and important role in the supervision of government, official, justice and celebrity. This supervision has been viewed as the key of improving press authority, the sword of discovering social scandal, the precursor of correct decision and the power of democratic law's construction. However, because of the absence of news legal system as well as the corresponding mechanisms, the news media's role has not been fully exploited. At the same time the news media which has not been fully exploited has been frequently injured other legitimate rights and interests. After the entering into the WTO of China, the system of news and public supervision is facing some historical change and decision. Under this situation, news and public supervision has become a noticeable topic of the press and academia. Discussing the realization measures of the news public opinion supervision under new situation is of important academic and practical meaning.This paper which using comparison means starts from the constitutional perspective on how well we play the role of news media and don't violate other legitimate rights and interests through introducing the main Western nations' relevant experience of media supervision and our own reality. This paper is divided into five parts; the first part is about the outline of rights of news public opinion supervision. It is divided into three sections, including the distinction between the definition of public opinion supervision and news public opinion supervision, the way of the exercising the news public opinion and its characteristics. The second part is about the Constitutional attribute to the right of news media. It defines the theoretical basis for the freedom of expression, the people's sovereignty theory and the theory of power of constraints. The third part is about the evolution of news public opinion. Section I introduces States Constitution, "the law of defamation", "Information Disclosure Law", the specialized press law in the news media as well as the legal restrictions in Britain, the United States, France and Germany. Section II is about the historical development of media supervision in the new China in chronological order. Part IV is about the realization of the right of news media on which is the focus of this paper. Section I discusses prerequisite for the realization of the right of news media and the plight of it. The prerequisite are "freedom of information", "right to know" and balancing the relationship between the news public opinion supervision and China Communist Party. But in the reality it's interfered by administrative power, justice power and violence. Section II focus on the implementation of countermeasures. It's from three-pronged approach including the news legal system, building a mechanism and the self-discipline of journalists. Part V is about the law restrictions on news media. It shall not violate the citizens or organization's right of reputation and privacy, not obstruct the course of justice, not leak state secrets and endanger national security. However, the purpose of part V is not to limit the rights of the news public opinion supervision, but to decrease the number of lawsuits of news infraction, ensure the other's legal rights, and make it work better and better.This paper bases on the field of international vision and focuses on the implementation of the news public opinion supervision in our country both from the constitutional freedom of expression but also from China's specific national conditions. We explore utilization of a variety of ways and means to protect and regulate the right of news public opinion supervision from setting up the border of the right to prevent infringement, from the media self-regulation to the legal relief after the violations took place, from the experiences of other countries to improve our national legislation and system. Among them, some have already been implemented to strengthen, and some is to practice in the future.