从罪犯民事权利保护论出版自由之剥夺

On the Deprivation of Freedom of Press from the Viewpoint of Protecting Criminals' Civil Rights

从民法角度而言,出版权有着十分明显的法律属性——民事权利性。虽然在宪法上出版自由被列为公民的基本权利之一,找不到将其划分为政治权利的明确依据。但是,从刑法的规定上,我们又发现了出版权的另一法律属性——政治权利性。当出版权被作为政治权利加以剥夺(尤其是终身被剥夺)时,便会面临着合法性、合理性、平等性等一系列问题。为此,从法规角度和出版自由的价值角度对剥夺出版自由的合法性及其合理性予以分析探讨。

From the viewpoint of civil law, the fight of press has very obvious legal attribute of the civil rights. Ahhough the freedom of press is listed as one of the citizen＇s basic rights in the constitution, there is no clear basis to classify it as the political right. However, from the criminal law, we can find the other legal attribute of the right of press, that is, as the political right. When the right of press is deprived as one of the political rights, especially for lifelong deprivation, it will be subjected to a series of problems, such as the legitimacy, the rationality and the equality, and so on. This article discusses the legitimacy and the rationality of the deprivation of the freedom of the press, from the angle of the laws and regulations, and from the angle of the value of the freedom of the press.