Study of article thirty-fifth of the constitution

  China now than in the past feudal society, to democratic. Although civilian blog, often because"Inappropriate content"Blocked! But after all, few have taken power. This is Chinese progress in human rights!

 

The thirty-fifth said:"Citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration of freedom."? But I also think: what is called "the harm to the interests of the state" and "inciting subversion of state power"? Only in wordsRegulations and government ideology of speech are not consistent,Whether it is"Harm to the interests of the state" and "inciting subversion of state power"? Human rights (also said "people" also said that the "people-oriented") and the national interest is what relation? Have a look the following provisions and the view, control the reality of our country, to which I lost Chinese characteristics!

 

Citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration of freedom.

                                                 -- "the people's Republic of China Constitution," article thirty-fifth

To protect the people's right to know, right to participate, the right of expression, right of supervision.  -- 17 report of Party of the Communist Party of China

 

Freedom of speech, including freedom of speech and non speech errors (i.e. silence) freedom, including government, constitutional provisions and inconsistent freedom of speech (otherwise there would be no constitutional amendment act), and not just in line with the mainstream freedom of speech, not according to the above regulations "issued a discussion" free (Lu Xun.). Thought is the absolute freedom, as long as no action, any comments in thought and word is the category of free speech, should be protected. -- Chinese Law Association, vice president of the research of administrative law jurisprudence, Peking University doctoral tutor Guo Daohui 

 

"The country belongs to all countries. Belongs to all countries, everyone of course speaking for the rights of the state. If we criticize for national service people not to do things well, it certainly cannot be regarded as' harm to the interests of the state'. 'harm to the interests of the state' hat is not casually added. If the problem is completely on what is' harm to the interests of the state ', so that a lie lie, really serious problems to cover up, even the' national interest '? State management is good or bad, is closely linked with people, so we shall express opinions. This is the way of democratic politics."                                       -- liberalism pioneer Yin Haiguang

 

In western countries the constitutional system, freedom of expression on the citizen made the most clear, the most resolute expression is America First Amendment to the constitution. Ai Mosheng "America news law experts on" the first amendment to the constitution of this paper discusses why the Americans attach so much importance to the first amendment, expression because it guarantees citizens the freedom has the following four important properties and function:

First, the citizens' freedom of expression is the protection of personal self realization. Freedom of expression is an indispensable part of personality development, namely the so-called human nature. Expression of freedom constitute the basic human rights, freedom of expression and deprived of human, is a violation of human rights, as Ai Mosheng says: "expression is thought development, seek knowledge and self-awareness is an indispensable part of. Suppressed beliefs and opinions expressed, is human dignity insult, the negation of human nature."

Second, freedom of expression is the human to reach the truth means. Christian origins of western culture that Westerners are fully aware of, people are limited to animal, human judgment is fragile. Any one person can not make a perfect judgment, it must be added, modified, extract or refusal. In order to pursue the truth, everyone must listen to different opinions about this problem, especially should listen to the opposition. Even if the new opinion is completely wrong, it is put forward, and discussion is also very important, because it can increase the understanding of accepted ideas.

Third, freedom of expression is a method of social members to participate in the national policy. The fundamental principles of democracy in an organized society should be: any individual in the society have formed their own beliefs, and it is free to convey to the rights of others. On this basis, the citizen can be effectively, actively participate in national political life.

Fourth, freedom of expression is the maintenance of social stability and changes of equilibrium method. A free society is a stronger, more closely with the society, the strong and stable and does not rely on violence and oppression, but from every member of society can give full play to their talents and. Stability is not "overwhelming" goal, but a free society the inevitable fruit. Only based on Liberty stable is reliable, long-lasting.

The importance of above four aspects, the first is clearly the freedom of expression itself of "autonomy", in other words, it is "an important part of human rights". Within the category of basic human morality, it is not to be questioned, it is human dignity and the dignity of the person of the axiomatic presentation. And behind the three is the first article of the meaning of "instrumental value".

    -- Liu Di "modern western news law", China Legal Publishing House published in September, 1998, fourth pages.

 

We are free to criticize the Constitution in public discussion, as we are free to defend it. It gives us faith and support socialism or communism and some of our countrymen embraced capitalism as the freedom of. It is shown that, the Federal Bureau of investigation, alien Activities Committee, the Ministry of justice and immigration services, loyal to president all the crackdown is not only wrong in theory but also in practice is harmful. It tells us, such as Hitler's "Mein Kampf", Lenin's "the state and revolution", Marx and Engels's "Communist Manifesto" and other books in the American free printing, freely available, free communication, free to read, a free discussion, freedom to believe in freedom, questioned. The purpose of this provision is not to need to meet certain people 'expression of meaning and value of life'. We do not want to protect the printed communicators, and even the economic benefits. It is intended, USA citizens only fully, fearlessly facing their system all defense and all criticism, is suitable for autonomous. The public discussion of the freedom is not restricted, which is the cornerstone of autonomous government. On this basis, we should not be in the clear and present -- even very serious danger -- shrink back.

-- (beauty) Alexander Meiklejohn "the legal limitation on freedom of expression", Guizhou people's publishing house, 2003 January first edition, sixty-fifth pages. 

 

As long as I have the choice, I just want to live in such a country, the implementation of this country is: citizens, freedom, tolerance, and citizens are equal before the law. Civil liberty means that people useful words expressed his political faith freedom; tolerance means respect others whatever may have faith.

                   -- Albert Einstein 

A no opposition Social, certainly not a good society, a not to hear the voices of opposition state, must be the nation.   -- old journalist Si Dong USA

Dissent is the highest form of patriotism           -- Thomas Jefferson  

 

"Everyone enjoys the freedom of the individual is important to a good society. This thesis is consists of two distinct components, namely: (1) the value of individual freedom: the freedom of the individual is important, in a good society should ensure that every 'count' are entitled to it; (2) equal to enjoy freedom: everyone 'count', provide to the liberty of the individual must be available to all people."

1998 -- Nobel prize winner, India economist, Amartya Sen "development as freedom", Renmin University of China press, 2002, published in June, thirty-sixth pages.

 

People with moral responsibility on judgment on their free will of life or politics of good and evil, or of justice or belief true or false judgment. When the government decreed, that it cannot allow its citizens to obey the dangerous and treason and heresy by the words, then the government is in the insult of citizens, and denied their moral responsibility. We only insist on -- no one -- whether government or the majority of people -- have a right to think we are not suitable for listening and considering a point to cancel our point of view, so as to maintain our dignity as an independent person."

-- (beauty) Ronald Dworkin "law of freedom -- moral interpretation of American constitution", Shanghai people's publishing house, 2001 September first edition, 283rd pages

 

In the human communication activities, there are a lot of thought and expression form helps to gain knowledge, wisdom and voters for the human value concern, help to improve their ability to make informed judgments, objective. These activities can not be restricted. Meiklejohn enumerates four kinds of free this:

First, education aims to cultivate the citizen of the mind and will, to enable them to gain wisdom, independence, and then obtained as an autonomous citizen's dignity. Therefore, education freedom is the basic requirements for the construction of a free society.

Second, philosophy and science to help citizens for itself and the understanding of the world, every citizen must be unrestricted access to Philosophy and scientific achievements.

Third, literature and art must be First Amendment protection, because they help to cultivate citizens for human values in deep, rich understanding and care, and the public happiness is derived from these values.

Fourth, as a public debate on public issues, as well as the information and views on these issues of communication activities, must be enjoyed without political agents unrestricted free. Although on the surface is a political agent rule us, and in a deeper sense we rule them. On our rule, they have no power; and on their rule, we enjoy the sovereignty of power.

-- (beauty) Alexander Meiklejohn "expression of legal limit" freedom "translation postscript", Guizhou people's publishing house, 2003 first edition in January, eighty-fifth - 86.

 

For many people, the sense of moral responsibility and a more positive aspects: this responsibility is not only to establish individual belief, and the belief to convey to others, for the sake of their respect and care, out of an irresistible desire to uncover the truth, justice and security interests. If the government thinks some people's belief that they are of no value of the participants and to cancel them to exercise this responsibility qualifications, the government is the positive aspects of obstructing and deprive people of the moral personality. As long as the government of a person to implement political domination and for his political tame any kind of two attributes -- it may not deprive him of his moral responsibility in (whatever it was he had to rely on or preaches how hateful), but is stripped of his equal voting rights -- if it is really so, the government has lost the basis of it to the legal power that has. The government banned public expression of certain social inclination or interest, the government openly censoring political speech errors compared, both errors; citizen is committed to the formation of moral or aesthetic atmosphere, have the same rights and political participation.

-- (beauty) Ronald Dworkin "law of freedom -- moral interpretation of American constitution", Shanghai people's publishing house, 2001 September first edition, 283rd pages.