大家
[发表评论] [查看此文评论]    郭国汀律师专栏
[主页]->[大家]->[郭国汀律师专栏]->[郭国汀论政治言论自由:限制与煽动罪(英文)]
郭国汀律师专栏
·《共和革命之父孙中山》34.以俄为师
·《共和革命之父孙中山》35.反帝遵儒
·《共和革命之父孙中山》36.关税事件
·《共和革命之父孙中山》37.国民党一大
·《共和革命之父孙中山》38.三民主义
·《共和革命之父孙中山》39.屡战屡北
·《共和革命之父孙中山》40.最后岁月
·《共和革命之父孙中山》41.壮志未酬身先死
·国际权威专家对孙文的客观公正评价
·辛亥革命重大历史与现实意义
***(32)《还原蒋介石》郭国汀译著
·郭国汀谈论毛泽东和蒋介石
·我为何研究孙文,蒋介石及中华民国史?
·《民族英雄蒋介石》
·《还原蒋介石》:身世
·《还原蒋介石》:辛亥革命中的蒋介石
·《还原蒋介石》:二次革命
·《还原蒋介石》:中华革命党
·《还原蒋介石》:袁世凯称帝与张勋复辟
·《还原蒋介石》:军阀混战
·《还原蒋介石》:南北军政府对抗
·《还原蒋介石》:辞职将军蒋介石
·《还原蒋介石》:孝子情深
·《还原蒋介石》:情深义重
·《还原蒋介石》:远见卓识 肝胆相照
·《还原蒋介石》:壮志未酬身先死
·《还原蒋介石》:列宁的对华政策
·《还原蒋介石》:中共的由来
·《还原蒋介石》:孙中山的“联俄容共”
·《还原蒋介石》:共产党篡夺国民党的领导权
·《还原蒋介石》:篡党夺权
·《还原蒋介石》:‘联俄联共,扶助农工’的骗局
·《还原蒋介石》:蒋介石领导北伐
·《还原蒋介石》:中山舰事件真相
·《还原蒋介石》:北伐雄师所向无敌
·《还原蒋介石》:中共恶意制造南京事件
·《还原蒋介石》:共产党阴谋操控反蒋运动
·《还原蒋介石》:上海三次起义
·《还原蒋介石》:汪(精卫)陈(独秀)联合宣言
·《还原蒋介石》:四一二清党真相
·《还原蒋介石》:恢复北伐
·《还原蒋介石》:宁汉政府相争
·《民族英雄蒋介石》33、汪精卫武汉政府清共
·《民族英雄蒋介石》34、南昌暴动
·《民族英雄蒋介石》35、蒋介石辞职
·《民族英雄蒋介石》36、蒋介石访日
·《民族英雄蒋介石》37、蒋(介石)宋(美玲)联姻
·《民族英雄蒋介石》38、广州暴动国民党与苏联决裂
·《民族英雄蒋介石》40、济南事件
·《民族英雄蒋介石》39、北伐第二阶段
·《民族英雄蒋介石》41、浩气长存的蔡公时
·《民族英雄蒋介石》42、忍辱负重
·《民族英雄蒋介石》43、北伐最后阶段
·《民族英雄蒋介石》44、日本关东军暗杀张作霖
·《民族英雄蒋介石》45、北伐军胜利汇师北京
·《民族英雄蒋介石》46、满洲易帜归国民政府
·《民族英雄蒋介石》47、关税自治,
·《民族英雄蒋介石》48、李宗仁及冯玉祥反叛
·《民族英雄蒋介石》49、南方战云--叛乱的瘟疫
·《民族英雄蒋介石》50 、中原大战
·《民族英雄蒋介石》51 周恩来的灭门惨案
·《民族英雄蒋介石》52、共匪红军的兴起
·《民族英雄蒋介石》53、剿共匪--攘外必先安内
·《民族英雄蒋介石》54、55、56 “九一八事变”
·《民族英雄蒋介石》57 日本侵华与国联
·《民族英雄蒋介石》58 忍辱负重
·《民族英雄蒋介石》59、上海“一二八”抗战
·《民族英雄蒋介石》60、皮肉伤与心脏病
·《民族英雄蒋介石》61儒雅绅士 基督情怀
·《民族英雄蒋介石》62、国家危机和国内政治
·《民族英雄蒋介石》63、国家团结会议,蒋介石再辞职
·《民族英雄蒋介石》64日本攻占锦州,蒋介石复职
·《民族英雄蒋介石》65、国军上海一二八抗战
·《民族英雄蒋介石》66、伪满洲国成立
·《民族英雄蒋介石》67、心慈手软
·《民族英雄蒋介石》68、福建平叛
·《民族英雄蒋介石》69、剿匪
·《民族英雄蒋介石》70、西安事变
·《民族英雄蒋介石》71、七七卢沟桥事变
·《民族英雄蒋介石》72、沪淞会战
·《民族英雄蒋介石》73、悲壮的南京保卫战
·《民族英雄蒋介石》74.南京大屠杀
·《民族英雄蒋介石》75.血战台儿庄
·《民族英雄蒋介石》76 英勇的太原保卫战
***(33)《匪首毛泽东》郭国汀编译
·《匪首毛泽东》
·《匪首毛泽东》郭国汀编译
·《匪首毛泽东》2、毛泽东滥杀政敌
·《匪首毛泽东》3、共匪滥杀无辜,十万红军将士地方党干魂飞魄散
·《匪首毛泽东》5、冷血毛泽东为权力疯狂滥杀红军将士
·《匪首毛泽东》6、毛泽东周恩来诱骗张学良发动西安事变
·《匪首毛泽东》7、受苏联指令张治中挑起八一三上海抗战
·《匪首毛泽东》8、中共假抗日真勾结日寇,狠打抗日国军
·《匪首毛泽东》9、平型关战斗和百团大战
·《匪首毛泽东》10、宛南事变:毛为争权借刀杀项英
·《匪首毛泽东》11、延安洗脑运动中共种植贩卖毒品
· 《匪首毛泽东》12、发动国共内战的罪魁是毛泽东!
[列出本栏目所有内容]
欢迎在此做广告
郭国汀论政治言论自由:限制与煽动罪(英文)

Freedom of Political Speech: Restriction on Sedition and Advection
   Guoting Guo
   On December 21, 2008,the Beijing policemen detained Mr. Hu Jia, [1]a young man who concerned AID and human rights, for his seditious advocate overthrow State Power. He is not the first or the last Chinese be arrested and sentenced for years for this so-called advocate overthrow State Power crime. To my knowledge, there are numberless were arrested and sentenced secretly since Hu Jingtao had become the president of China.[2] Speech means that the faculty or act of expressing or describing thoughts, feelings, or perceptions by the articulation of words. Sedition is speech, writing, or behaviour intended to encourage people to fight against or oppose the government. What is the meaning of freeing speech? What is the theory of freedom of speech? What is the restriction law and practice? Is there freedom of political speech in China? This paper tries to figure out these questions.
   I What is meaning of free speech ?

   Article 19 of International Covenant on Civil and Political Rights provided:
    (1) everyone shall have the right to hold opinion without interference.
    (2)everyone has the right to freedom of opinion and expression; this right includes freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
   (3) the exercise of the rights provided for in paragraph 2 of this Article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
   (a) for respect of the rights or reputations of others;
   (b) for the protection of national security or of public order, or of public health or morals.
   This definition make it very clear that free speech is free expression which is not absolutely right but subject to law concerned with respect of the rights or reputations of others and the protection of national security or of public order, or of public health or morals. In another word, freedom of political speech only concern with the national security or of public order, which involved with the law of sedition.
   International [3] and internal laws[4] all have similar clauses in name but the content are various. General speaking, in modern free and democratic countries their constitution law stipulate more detail rights of free speech[5], others provided quite simple only have one or two sentences[6]. The simplest one it must be Chinese constitution, which has only 9 words: Chinese citizen has the right of free speech.[7] However, the best one is the first amendment of United States Constitution, which in the Republican Party of Minnesota v. White [ 122 S. Ct. 2528 (2002).] is not without its larger implications. Five justices ruled in favor of the central importance of the
   First Amendment and the principle that political speech is at the core of democracy and must be unfettered.[8]
   Thus, the meaning of freedom of speech is very clear, in theory, everyone has the inherent right to say, write, print, deliver any opinion concern with political and public affair without interference by government, and only subject by law relevant the reputation and right of others and the security and public order. However, in practice, it is far from clear, each year hundred dissident were detained, arrested, sentenced into prison prove that it is really an important question should pay much attention to handle.
   If it takes regards the demands of a free and democratic society should include the element of incitement of violence. Perhaps, an ideal definition of sedition should require that 'the actus reus of sedition relate to a gathering of persons the unlawful purpose of which is to subvert or defy the functioning of the State by force or violence; and its mens rea to relate to an intention on the part of a participant so to subvert or defy the State by force or violence.'
   The implied constitutional freedom of political communication is not absolute. Laws that may restrict such communication may be valid if they are appropriate and adapted to achieving some legitimate end. What is appropriate will need to be tested in individual cases. No freedom is absolute; however, the restriction of free political speech should be clear and under rule of law. Otherwise the democracy society could not survive at all. Nowadays, the problem is not too free, but whether there is freedom of political speech.[9]
   
   II the Theory of free speech
   What are person, freedom, and liberty? Someone said that such concepts belong first of all to the vocabulary of Christianity, which accepted them intuitively. [10] other said that The Greeks fortunately had no Bible, and this fact was both an expression and an important condition of their freedom. Another expression and condition of freedom is the absence of sacredotalism[11]. Under Trajun of Rema, to be a Christian is an offence punishable death.In general, persecution of the Christians was rather provoked by the populaces than desired by the authority.In state where Christians has the power there would be no tolerance of other religions practices. The government of the United States of America is not in any sense founded on the Christian Religion - as it has in itself no character of enmity against the laws, religion or tranquility of Muslims;[12]
   
   A. the great Fighter of freedom of speech
   
   Socrates was prosecuted as an atheist and corrupter of youth and was put to death (399 B.C), he was judged by 500 Greece people. Jesus was sentenced to death and crucified by Pilate according to the will of crowd and Chief priests for his religious speech two thousand years ago.[13] In fact, both of them are fighter for freedom of speech and lost their life, for liberty or die.
   
   In China when Confusion became the general attorney of Ru Guo(506BC), only three month, he sentenced Shao Zhengmao, a famour scholar who was his opponents, to death for his speech [14]. Although Confusion is one of the respectable wisdom in China and have a great reputation for his contribution to Chinese culture, he didn't understand freedom of thought and speech at all. During the Qin dynasty (220BC), the first Chinese emperor put 460 scholars to death and burn all books of history and literatures for their criticize of public affairs[15]. In Ming Dynasty (1200 AC), emperor Zhu Yanzhang, killed thousands Chinese intelligence with their sibling and family for their speech[16]. In Qing Dynasty,(1644 to 1780 AC) the first four emperors hold on hundreds sedition cases and killed more than ten thousands intelligences and their family.[17] Which scare and horror Chinese people keep silence for two hundred years. However, compare with the communist regime after 1949, all formal evil put together cannot reach a small part of the communist evil at all.
   
   B. The original of liberty
   1. Greece and Roman
   
   The notion of rights in western codes is more dependent on Greek thought. There are numbers of philosophy contribute great deal to the idea of freedom of men. In the later Roman Republic and the early Empire, no restrictions were imposed on opinion . The general rule of Roman policy was to tolerate throughout the Empire all religions and all opinions. Plato posed the distinction between law and force, explained the essence of justice. By nature permit us to found law on justice and not on force or coercion. [18] Greece and Rome were the originators of liberty of thoughts and discussion. For this freedom of spirit was not only the condition of their speculations in philosophy, their progress in science, their experiments in political institutions; it was also a condition of their literature and art excellence. Their assertion of the principle of liberty would place them in the highest rank among the benefactors of the race; for it was one of the greatest steps in human progress. [19] Ionia in Asia minor was the cradle of free speculation. The history of European science and philosophy begins in Ionia, early philosophers by using their reason sought to penetrate into the origin and structure of the world.[20]

[下一页]

©Boxun News Network All Rights Reserved.
所有栏目和文章由作者或专栏管理员整理制作,均不代表博讯立场