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Freedom Of Speech And Its Value—Primarily In The Context Of China

Posted on:2013-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:M Z YuanFull Text:PDF
GTID:2246330374480989Subject:Law
Abstract/Summary:PDF Full Text Request
Freedom of speech refers to a subjective constitutional right of citizens, legal persons and other social organizations receive and disseminate information, express their thoughts, attitudes and emotions by oral, written and other forms. Social speech is an important factor to understand people’s needs, listen to their voice, recognize public opinion and influence public policy decisions. It is wrong to consider that the freedom of speech would disrupt the social order and should be strictly limited just because few speeches have a negative impact in a certain period, so that citizens’right of freedom of speech will be fully realized."Freedom of speech" discussed in this paper consists of the following two meanings: first of all, as a civil right, it refers to the rights of expressing their ideas, views, opinions and recommendations; it also includes the right of expressing wrong views; secondly, as a legal normative requirements, it refers to those that everyone should be allowed to express their ideas and opinions freely, and anyone or governments can not interfere for any reason unless they hinder the freedom of others and affect public security.Freedom of speech is an important constitutional right, an exceptionally important social nature and value. Understanding this can help to understand the necessity of freedom of speech and the premise of its value role at a deeper level. As the freedom of speech plays a vital role in developing citizens’ individual talents, enhancing democratic participation and restricting the abuse of power, many countries in the world take the freedom of speech as a basic right of citizens in the Constitution. The effective operation of the freedom of speech will promote the circulation of ideas and information. And it is the driving force of the progress and development of social civilization. Therefore, ensuring the effective operation of freedom of speech, and realizing the value of freedom of speech, has become an important issue in the research of national constitutional law. Currently, many domestic views suspect the view of freedom of speech, it is largely because they haven’t realized the value of freedom of speech. This paper starts from the concept of freedom of speech and its value, analyzing the reasons for suspicion of it as well as specific cases, so as to illustrate the value of freedom of speech where it lies.In the first section, I will introduce the concept of freedom of speech, constitutional property, and emphasize the freedom of speech is mainly used to limit government; the second part will analyze the general value of freedom of speech, emphasizing the freedom of speech is in the political context; thirdly, I will analyze the misunderstandings on the freedom of speech combined with specific cases, to further stress that the freedom of speech mainly refers to the political freedom of speech, which is used to constrain the public authority and the government. The fourth section will analyze the meaning and value of freedom of speech in current China.
Keywords/Search Tags:freedom of speech, constitutional right, value, civil right
PDF Full Text Request
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