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英国essay代写:Freedom of expression

2018-08-08 | 来源:51due教员组 | 类别:Essay代写范文

本篇essay代写- Freedom of expression讨论了表达自由。表达自由是公民的基本自由之一,是一项综合性的权利或自由,也是行使其他权利的重要前提和保障。表达自由具有政治自由权利的属性,是精神自由的外在表现。表达自由的保护不是无限度的,它必须接受某些原则的规制,在与名誉权等权利发生冲突时,我们需进行利益的权衡,以明晰自由的界限。本篇essay代写51due代写平台整理,供大家从参考阅读。

Freedom of expression,表达自由,essay代写,代写,paper代写

Freedom of expression is one of the fundamental freedoms of citizens, a comprehensive right or freedom is an important prerequisite and guarantee for the exercise of other rights, and a fundamental right generally recognized and guaranteed by national constitutions and international human rights treaties. Freedom of expression has the attribute of political freedom and is the external expression of spiritual freedom. The protection of freedom of expression is not unlimited. It must be regulated by certain principles. In the event of conflict with rights such as the right of reputation, we need to weigh interests to clarify the boundaries of freedom

ZhenShuQing professor in his book "on freedom of expression" pointed out: "the so-called freedom of expression, is one of the fundamental freedoms of citizens, it refers to the citizens in the case of a law or recognition, using a variety of media or way, display or public transfer ideas, opinions, views, opinions, emotions, knowledge or information without interference by others, constraints or punish state autonomy". The subjects of freedom of expression include citizens, state organs under specific circumstances and public servants. Freedom of expression includes freedom of speech, freedom of the press and freedom of expression.

Any right has the possibility of abuse, freedom of expression as a basic human rights and civil rights, is no exception, although in the present case how to improve the system guarantees the realization of citizens' freedom of expression is the primary task, but as the integrity of the system thinking and practical protection of freedom of expression in law is undoubtedly is deserving of the reasonable limit. In the existing legal provisions on freedom of expression. Citizens' basic rights listed in our constitution, there are also belong to the project of freedom of expression, such as article 35 of the various political freedom, article 40 of the communication freedom, article 41 the state organ and its personnel to the criticism, accused the right of prosecution, article 47 of the scientific research, literary and artistic creation and other cultural activities of freedom, and so on. In China's current legal system, apart from the basic framework of the freedom of expression system mentioned above in the text of the constitution, there are provisions regulating freedom of expression in other laws and regulations, but these provisions are relatively scattered.

Article 51 of the constitution stipulates that "citizens of the People's Republic of China shall, in exercising their freedoms and rights, not prejudice the interests of the state, society or the collective, or the lawful freedoms and rights of other citizens." This is a blanket provision applicable to the exercise of freedoms and rights, and freedom of expression is certainly no exception. There is also article 38, which is closely related to freedom of expression: "the personal dignity of citizens of the People's Republic of China is inviolable. It is forbidden to insult, slander or frame citizens by any means." This can be seen as a restriction on freedom of expression already imposed by our laws.

The limit of freedom of expression is the question of the scope of freedom of expression, the question of what limits can be given to freedom of expression. The guarantee and limitation of freedom of expression is a pair of contradictory unity. In defining the boundaries of freedom of expression, the relationship between freedom of expression and the right to:

The line between freedom of expression and right of reputation is: insult and libel. Insults and slanders are a chasm that separates freedom of expression from the right of reputation.

In dealing with the boundary between freedom of expression and privacy, we should pay attention to the principle of public interest and reasonable public interest and the principle of the right of privacy of public officials or public figures.

We should pay attention to the limits of freedom of auditing, of interviewing, of reporting, of commenting and of fair trial. Next, specific to our country constitution leads a city, the author thinks. In the general sense, the limitation standard of freedom of expression can be determined from two aspects: public law and private law:

Restrictions on freedom of expression in the public interest of society and the state. It requires citizens to exercise their freedom of expression without harming the public interest. The damage to social public interests generally includes: the erosion of social morality and the challenge to the belief of social accepted moral standards; The defamation and slander of religious belief not only hurt the feelings of believers, but also may cause religious disputes, which constitutes damage to the social order.

Restrictions on freedom of expression imposed by private interests. The exercise of the right to freedom of expression must fully respect the independence and autonomy of the private sphere of others. It shall not disclose the privacy of others without the consent of others, shall not slowly violate the copyright and other intellectual property rights of others, and shall not insult, slander or testify against others to damage the interests of others.

It is wise to listen while listening, but dark to listen. This means that a citizen can be banned from speaking for other reasons. But he should not be banned from speaking because his views are considered false or dangerous. As the famous enlightenment leader voltaire famously put it, "I disagree with you, but I will defend to the death your right to say so."

To guarantee the right of citizens and social organizations to know, two principles must be adhered to. First, the country implements the principle of political openness and information disclosure system, and the government information disclosure law should be issued as soon as possible, so that citizens' right to know can be followed by laws. Second, the privacy of public officials and public figures should be appropriately derogated.

It attaches great importance to the institutional design of the protection of freedom of expression, and guarantees the freedom of expression with public nature and the freedom of expression with private nature with different legal rules. Article 35 of our constitution clearly stipulates that citizens have the freedom of speech, publication, assembly, association, procession and demonstration. However, the constitution, as the law of law, only confirms the freedom of expression, but it does not distinguish the freedom of expression of different natures. Therefore, there is no legal protection for its different content and degree.

We will improve the judicial functions of the constitution and the law.

Improve the quality and ability of citizens to participate in social life and democratic politics.

In short, through effective legal system and political system innovation to improve and develop the political system, increase, to improve their ability of absorbing space of citizen's political participation and, encourages citizens' right to freedom of expression to exercise the right, give full play to its value, powerful guarantee reasonable opinion right, normal, healthy, true expression, which is helpful to understand and pay more attention to public opinion, public opinion polls smooth communication channel, this is the power of the political and economic work to go ahead, is the construction of socialist country under the rule of law, the key to create a "harmonious society".

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