自觉:法治政府的角色意识——以言论自由中的政府为对象

Awareness:the Role Consciousness of the Government by Law——Take the Government As the Object in the Freedom of Speech

短信引发的矛盾冲突实质上是言论自由与政府的冲突。基于政府是公民言论自由的当然对象,政府是公民言论自由的义务主体之一,政府自觉促使公民自觉的实现,自觉是法治政府的素质要求等等原因,"自觉"可谓是法治政府的必须,是尊重和保障公民言论自由的必要。自觉是宽容、自省、自理和积极指引。在责任感的驱使和规则的约束下,政府应自觉承认言论自由存在的意义,自觉克制敌视和恐惧心理,鼓励言论竞争取代压制言论自由,自觉地处理好政府与政府官员、官员私欲与公民权利的关系,自觉为言论自由提供保障。

The conflict caused by short messages is essentially the conflict between the Freedom of Speech and the Government. The Government is the certain object and duty subject of citizens＇ speech. Thus, awareness is a must of Government by Law. It urges the awareness of the citizens. Also, it is the quality requirement of the Government by Law. Finally, it is the essential element to respect and protect the Freedom of Speech. Awareness means tolerance, introspection, autonomy and positive direction. With the restraint of Moral and System, the Government should acknowledge the significance of the Freedom of Speech, restrain hostility and fear on its own initiative. It should also encourage the competition of speech rather than suppressing it, and deal with the complex relationships between the Government itself and its oglcials, the officials and the citizens. It is the Government＇ s responsibility to safeguard the Freedom of Speech.