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
·中共专制暴政恶贯满盈
·申曦(曾节明):剥胡锦涛的画皮
·申曦(曾节明):胡锦涛其人其事
·申曦(曾节明):胡锦涛虚伪狡诈邪恶凶残阴险的真面目
·申曦(曾节明):胡锦涛的伪善与病态人格
·申曦(曾节明):盖棺认定胡氏中共暴政
·申曦(曾节明):江泽民的心病
·申曦(曾节明):邓小平罪孽深重
***(35)中国政治体制批判
·中共政权始终是一个非法政权 郭国汀
·郭国汀律师批判极权专制政治司法教育体制主张自由人权宪政民主文章目录
·郭国汀律师政论时评目录
·中国反抗专制暴政的先驱者与英雄
·郭国汀与横河谈中共暴政阉割国人灵魂使警察成为恶魔
·孙文广、程晓农、郭国汀谈共产党的公务员非法歧视政策
·划时代的审判,创造历史的壮举
·恶法不除,国无宁日
·致加拿大国会的公开函
·中共已是末日疯狂/郭国汀
·三权分立的哲学基础
·虚伪是极权专制的必然付产品-------南郭与中律网友们的对话
·汝竟敢骂共党骂毛泽东!
***(36)中共司法体制批判
·从人权律师的遭遇析中国人权的实际情况
·郭律师评价中国律师诉讼及司法体制现状
·中共专制暴政下为什么冤假错案堆积如山?
·中共勞教制度是人類歷史上最野蠻的制度
·马亚莲案与废除劳教制度
·郭國汀談中共勞教制度下的性酷刑
·郭國汀談萬名公民提出廢除勞教制度建立叻ㄐ袨槌C治法
·郭国汀:违宪、违法
·郭国汀律师谈中国司法现状
·郭国汀称司法黑社会化免死承诺难保赖昌星的命
·为赖昌星遗返案我的宣誓证词
·中华全国律师协会的实质----被阉割与自宫
·郭国汀 司法公正的前提条件
***中共专制暴政是国人一切深重苦难的总根源
·人权律师郭国汀称中共制造法拉盛事件旨在嫁祸抹黑法轮功以转移公众视线
·郭国汀 纽约时报报导死难学生亲属周月悼念地震中无辜牺牲的亲人
·美国顶级地震专家称四川地震有可能未能被预测到
·谁之罪?
·中共专制暴政的罪孽学校跨塌致数千名学生死灭最新统计
·一篇被全球英文博客转载最多的四川地震实况报导
·郭国汀百无一用是中国律师
·我愿意收养一个为救人而牺牲的教师或母亲的遗孤
·中国人持继追问为何众多学校震成碎片废墟? 被全球英文网站转载最多的地震专文
***美国2008年总统大选南郭点评系列
·朗保罗--美国2008年大选最雄劲的黑马
·美国大选最新民意进展分析——美国2008年总统大选南郭点评系列之二
·美国2008年大选程序正义与演讲精华
·欧巴马的通往白宫之旅
·前国务卿鮑威尔支持欧巴马
·麦肯总统候选人的基本政策主张
***(42)中国民主运动研究
· 自由宪政民主运动与中共暴政的决战主战场何在?
·国人应当认清中共政权的极权专制流氓犯罪本质
·真正觉醒后英勇的你我他才是决定中国前途和命运的基本力量
·是谁制造了大陆中国的“暴戾之气的泛滥”?
·我为何对中共极权暴政及胡锦涛没有仇恨维有鄙视?
·是共特黑而非民运黑
·我所了解的政治新星曾节明
· 南郭点评陈子明社会运动与政治演练
· 序《我的两个中国 --一个六四天安门学生反革命的实录》
·时代的最强音:“六四”屠城二十一周年口号
· 警惕共匪假冒民运人士故意毁损民运声誉—答人民思想家
·论颠覆国家政权罪的律师辩护
·郭律师点评杨建立博士论三个中国
·退出自由中国论坛的公开声明
·陈尔晋与张国堂之争的性质
·我的几个基本观点答张国堂先生公开信
·中国民运战略研究
·中国民运当前面临问题与对策研究
·郭国汀加入民主中国阵线的公开声明
·论公推中国民运政治领袖的必要性
·论公推自荐公选民运政治精神领袖的紧迫性
·中国民主运动领袖论?答方文武先生
·关于筹建过渡政府与公选民运领袖问题的讨论
·关于民运领袖过渡政府与程序正义的争论
·历史功臣还是历史罪人?
·中国民主运动到底需要什么样的政治精神领袖?
·谁是中国民主运动政治精神领袖的最佳人选?
·谁是中共极权专制暴政最害怕的劲敌?
·郭国汀:汪兆钧信是中共内部爆炸的一颗原子弹
·严正责令胡锦涛及中共当局——立即无条件释放民运志士李国涛!
·反抗中共专制暴政的先驱者与英雄(修正)
·相会伟大的刘文辉烈士英魂
·敬请胡锦涛先生立即制止下属恶意疯狂攻击南郭之电脑
·"六四领袖去死吧!"及 " 逢共必反、逢华必反"?!
·草根吾友欲往何处去?
·真实的陈泱潮故事
·陈泱潮自传之二
·强烈推荐国人必读之最佳政论文
[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