【作者】 路鹏程；

【导师】 孙旭培；

【作者基本信息】 华中科技大学 ， 新闻学， 2009， 博士

【摘要】 晚清，现代言论自由思想自西徂东后，经数代中国知识分子的研习和阐释，日益丰富，日趋成熟，并且从理论斗争逐步进入实践范畴，最终列入国家根本大法的宪法条文之中。期间，历时八十年余年．经历了六个具有显著思想特征的阶段：其一，1830-1850年代，言论自由思想初涉中国时，由于国人尚未对此做出积极地回应。此一阶段的言论自由思想特征，基本就是来华传教士言论自由思想所具有的特征。他们强调天赋自由，注重言论自由的政治社会价值，并且具有强烈的宗教色彩。其二，洋务运动时期，中国知识分子初次对西方现代言论自由思想做出理解和诠释。他们吸纳了西方言论自由的实践形式却拒绝西方言论自由理论基础。他们均将言论自由思想视为强国富民的工具和手段。他们的言论自由思想由于根植于传统文化背景中因而充满儒家民本关怀色彩。其三，1880年代的早期改良思想家，开始将言论自由纳入整个政治体制改革中的关键位置予以思考，强烈要求言论自由。但由于他们言论自由思想缺乏以一贯之的现代理论基础，因此显得零堆碎垛。思想家个人对言论自由的认识水平也参差杂乱，但思想界总体言论自由的认识水平取得长足进步。其四，维新运动时期，康梁一辈思想家，特别是严复，开始在真正中西会通的意义上，传播西方言论自由思想理论，阐释中国传统言论自由思想因素。同时，言论自由从思想转化为广泛的实践。其五，立宪运动中，梁启超立于理论旗手的地位，对言论自由思想进行了系统而详尽的阐释。伴随着中国报业高潮的勃兴，言论自由思潮在社会各个阶层中得到广泛传播。其六，民主革命派思想家言论自由思想的首要特征就是藉革命手段以夺取言论自由权利。他们尊崇以人民为主体的，法制化的言论自由权利。耽于紧迫繁重的现实革命工作，使得他们所传播的言论自由思想缺乏细致的理论化和严密的系统化。晚清八十余年，由于历史局势动荡，思想资源匮乏，时人学养薄弱，言论自由思想在中国的传播虽貌似繁复丰富但失之浅显零碎，始终未能进行全面深入的研究和阐释。清廷覆灭，民国初元，言论自由虽写入宪法，但现代言论自由思想的理论输入任务在中国仍未完成。更多还原

【Abstract】 In Late Qing dynasty, after the modern thoughts of freedom of speech is introduced from west to east, it’s largely enriched and developed and brought from theory to practice, and finally was included in the Chinese constitution. This period lasts for over 80 years with 6 phases of obvious features:Phase 1, during 1830 to the early 1850s, when the freedom of speech thoughts were first introduced to China, the Chinese people didn’t react actively. Therefore, the features of the freedom of speech thoughts in this period were the same as those spread by the missionaries. It emphasized natural freedom, put stress on the social value of freedom of speech and was very religious. Phase 2, during the Westernization Movement, the Chinese intellectuals began to understand and explain the western thoughts of speech of freedom based on the traditional Chinese culture for the first time, so their freedom of speech thoughts were full of people-oriented thoughts in Confucianism. They borrowed the form of practice in the western thoughts of freedom of speech, but rejected its theory. They considered the freedom of speech thoughts as the tool and means of making the country strong and people rich. Phase 3, in 1880s, the early reform ideologists began to consider putting the freedom of speech in the critical position of the reform of the entire political system and strongly demanded for freedom of speech. However, due to lack of coherent modern theory, their thoughts of freedom of speech were incomplete. The knowledge of freedom of speech of some ideologists was at different levels, while the overall knowledge in the ideological circle was still largely improved. Phase 4, during the Reform Movement, the thoughts of freedom of speech of the ideologists (especially Yan Fu) were based on the western theory of freedom of speech, and they began to explain the factors of the thoughts of traditional Chinese freedom of speech again and spread the principles of western thoughts of freedom of speech for the purpose of combination of Chinese and western culture. Meanwhile, freedom of speech developed from theory to practice. Phase 5, during the Constitutional Movement, Liang Qichao, as a theory leader, made systematic and detailed exploration of freedom of speech thoughts. Along with the climax of the newspaper industry in China, thoughts of freedom of speech were widely spread in every social class. Phase 6, the primary feature of the freedom of speech thoughts of the democratic revolutionary ideologists is to seize the rights of freedom of speech by the means of revolution. They advocated the legalized rights of freedom of speech that took people as the main body. Because of urgent and heavy revolutionary work, their thoughts of freedom of speech were lack of specific theory and strict system.During over 80 years in Late Qing dynasty, though the spread of thoughts of freedom of speech in China seemed to be complicated and abundant, it’s actually inadequate and fragmentary and lacks comprehensive and deep academic research due to instable political situation, shortage of ideological resources and insufficient knowledge and self-cultivation. In the early years of the Republic of China, though freedom of speech was included in the constitution, the theory establishment of modern thoughts of freedom of speech in China was still not accomplished.更多还原