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《共同纲领》所秉持的人民权利观主导着第49条新闻自由的基本理念和具体制度。以人民权利观为主导的新闻自由理念及其管理制度不利于公民个人行使新闻出版自由,限制了现行宪法中以公民权利观为基础的新闻自由保障制度的发展。要弥合宪法分歧,应当采取落实人权原则、限定宪法中“人民”权利的作用机制和功能范围、合理区分“作为权利的新闻自由”与“作为权力的新闻事业”、实现新闻自由保障法治化等措施。采取这些措施不仅与坚持党的领导不矛盾,在短期内要弥合宪法分歧,主要的还是应当依靠党的领导。
The concept of people’s rights, which is upheld by the “Common Program,” dominates the basic philosophy and specific system of Article 49 freedom of the press. The concept of press freedom dominated by the concept of people’s rights and its management system are not conducive to the individual exercise of freedom of press and publication by citizens and the development of the press freedom guarantee system based on the concept of citizen rights in the current constitution. In order to bridge the differences between the constitutions, we should implement the principle of human rights, limit the mechanism of action and scope of the “people ” rights in the Constitution, and make a reasonable distinction between “journalistic freedom as the right” and “journalism as the power” Press freedom to safeguard the rule of law and other measures. Adopting these measures is not only inconsistent with insisting on the leadership of the party, but also closing the constitutional differences in the short term. The main thing is to rely on the leadership of the party.