Research On Legal Protection Of Freedom Of Speech In China

Freedom of speech refers to the right the citizens enjoy to express their opinions and thoughts,by means of direct or abstract ways,eliminating the interference of others within the bounds of the law.Since it is about the realization of personal value,the spread of culture,the political democratization,and the social stability,the world is putting more and more emphasis on the protection of it,the citizens’ basic right.Most of the constitutional governments have confirmed the right by writing it into their constitution,but the extend and the specific methods vary a lot.Since China had its own constitution,correlative stipulation was also made to protect the right of speaking freely,but due to various reasons such as the concepts and systems of authority protection,the provisions of the constitution failed to get a very good implementation in the judicial practice.Without uniform legislation,normative rule of specific security and restriction specification,China’s current legal protection of free speech is still not completed,and the legal guarantee is not active.In judicial practice,when the freedom of speech is in the conflict with other rights,it is often ignored,which reflects the phenomenon that the present situation of the protection of the citizens right to speak freely is not optimistic in China.With the progress of social informatization,the consciousness of the citizens to exercise their basic rights such as freedom of speech,freedom of speech value is more prominent,so the realization of legal protection of citizens freedom of speech is particularly necessary.Marry theories and practice researches of the right to speak freely has been done by international scholars,leaving a lot of experience which is worth our reference.To study this right,academic value should be introduced first.Thus,this article explains the meaning of the right to speak freely,and gives an abroad view of research situation to point out the necessity of research on this problem.Then the article analyzes the right from the aspect of theory level to introduce the connotations,the boundaries,the right attributes,the value,and its extension under the new media.On the foundation of free speech are analyzed,such as the incomplete legislation,the unsatisfactory judicial relief,and the abuse of power,leading to the barrier for the citizens to speak freely,etc.Finally,based on the problems existing in the protection of free speech in China,referencing to the research results of scholars at home and abroad,this paper illustrates the protection of the free speech system in two countries----the United States and Germany to put forward the suitable suggestions for the improvement of free speech under social development in China,which emphasis not only the completion of the legislation protection,but also the constitutional judicialization,and the establishment of the unconstitutional review system,through this to strengthen the legal guarantee of free speech,and realize the value,also promote the democratization process,and establish a harmonious society at the some time.