presentation
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Hello everyone, I am linbaisong from class one, you all know about me, but I still have to say, it is really an honor for me to stay here to have a presentation to all of you today. I am kind of nervous, but I will try my best to perform a good presentation for you. So, hope all you will enjoy the presentation.
Well, before I start my presentation, I would like to show you a real case, and let’s have a look.
After reading the case, I guess you all know what I am going to present. And here is my presentation.
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In the next ten minute, I am going to focus on the situation in china and the improvement in the future.
So, do we have any regulation is about the freedom of speech in china? Of course we have. Paper3
According to the article 35 in our constitution law……………………………….. Which clearly point out that we have the right of freedom of speech. And let’s back to the case, whether what wangshuai did belong to the right of freedom of speech? Apparently, at least the government did not think so. So, what is the freedom of speech?
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From this definition, we can know that what freedom of speech is. So let’s back to the first case, whether what wangshuai posted belong to the freedom of speech? I must say yes, and unfortunately, wangshuai was not the only one who was tragic.
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And this is just the tip of the iceberg, there are many other cases telling us that, we do not really enjoy the freedom of speech, this is the situation in china. The constitution law does not protect our freedom of speech practically. There are a lot of imperfections of freedom of speech in our country.
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1.In a long history, the concepts of protecting freedom of speech in china is behindhand,
intense collectivism is the first thing people concern most, government lowered the individualism for a longtime, and we do not have the freedom of speech for a long time as well, especially in feudal society and during culture revolution. That’s the reason result to the limitation of the freedom of speech.
2.Nowadays, we are short of protection system to protect the freedom of speech. Our
constitution is too simple, and lack of protective provision, and in our country, we can’t find any protective regulations in criminal law, administrative law and civil law, if our right is violated, we cannot find any law to strive for our right.
3.China is not a judicial independence country, incomplete legislation and unsure judgment
standard make the government will be the most important power of the country, and judicature is always take orders from government instead of serve for the people.
These three reasons might be the most important thing that why we cannot enjoy our freedom of speech practically.
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And let’s see the American first amendment, it stipulates the freedom of speech and through our study of the cases, we know that it protect the freedom of speech practically by using the harm principle correctly. I am not saying that American is the perfect model for china, but I guess at least it is doing much better than china, consequently, I think, we can learn something from American.
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1.The backward consciousness will be an obstacle to the future development, so everyone
should establish a new concept that we should know that we can and we need to speak our opinion out and the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.
2.The legal rules of freedom of speech should be specific. The oversimplified regulations are
one of the most significant reasons why our right would be violated. As a result, first, consummate the provision expression of the constitution is really vital. Second, in concrete legal system, we need to pay attention to protect the freedom of speech.
3.Constitutional judicialization is a long process, if we want to achieve it, and we need to cost a
lot. But we still need to stick to it, and strive for it.
e “clear and present danger”theory to judge the case. The only purpose, for which
power can be rightfully exercised over any member of a civilized community against his will, is to harm to others.
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I hope I made myself understood, and thank you for all your listening.。
