Culture and freedom have a long history of evolution in both the East and the West, accompanied by legal protection and limitations, especially reflected in the provisions of modern constitutions regarding these fundamental rights of citizens Parentism, as one of the fundamental principles followed by many national constitutions, is also reflected in the Chinese constitution, and it imposes different types of restrictions on cultural rights and freedom of speech. It is necessary to clarify that paternalism in the Constitution is not inherently harmful to the basic rights of citizens, but should be subject to neutral passive restrictions from the perspective of respecting the basic rational existence of citizens in the public interest. In the face of the rigid restrictions imposed by paternalism and the abuse of lower level public power, it is more in line with the fundamental goal of safeguarding the spiritual interests of citizens to limit this basic concept to a certain extent.

Yanwu Lv. Interpretation and Limitation of Paternalism in the Cultural and Speech Provisions of the Chinese Constitution. International Journal of Frontiers in Sociology (2026), Vol. 8, Issue 2: 45-52. https://doi.org/10.25236/IJFS.2026.080206.

[1] Huang Mingtao. From "Culture" to "Cultural Rights" - The Construction of Constitutional Hermeneutics of Culture and Its Practical Significance [J]. Forum of Politics and Law, 2020, 38(06): 102-114

[2] K. Gao Likowski, Luo Fei. The Evolution of Chinese People's Concept of Culture [J]. Foreign Social Sciences, 1990, (09): 50-53.

[3] Miao Ji. "The Other" and the Construction of China and Japan's Maritime National Identity [J]. Foreign Affairs Review (Journal of Foreign Affairs University), 2017, 34(03): 77-108

[4] Shangguan Piliang, Meng Fanzhuang. Constitutional Interpretation of Cultural Rights [J]. Study and Exploration, 2012, (01): 23-27

[5] Xia Baoguo. An Examination of "Thought and Speech Crimes" in the Pre-Qin Period [J]. Journal of Mudanjiang Normal University (Philosophy and Social Sciences Edition), 2009, (02): 50-51

[6] Alexander Meiklejohn, Ao Haijing. Freedom of Speech as Political Freedom [J]. Journal of Soochow University (Law Edition), 2020, 7(01): 60-69

[7] Hua Guoyu. Does Human Rights Need a Unified Foundation? - Religious and Philosophical Controversies in the Drafting Process of the Universal Declaration of Human Rights [J]. Forum of Law and Politics, 2020, 38(05): 3-12

[8] Jiang Feng. Two Types of Speech and Their Boundaries [J]. Tsinghua Law Journal, 2016, 10(01): 38-55.

[9] Sun Xiaoxia, Guo Chunzhen. Theory and Practice of Legal Paternalism in the United States [J]. Science of Law. Journal of Northwest University of Political Science and Law, 2005, (06): 112-120

[10] Shen Shouwen. Constitutional Reservation: The Principle of Limitation on Restrictions of Fundamental Freedoms and Rights [J]. Northern Law Review, 2010, 4(03): 19-26

[11] Qi Xiaoli. On the Protection and Restriction of Freedom of Expression [J]. Journal of the People's Public Security University of China (Social Science Edition), 2010, 26(02): 42-47

[12] Yang Jianli. Women's Liberation in the Context of State Construction: From History to Historical Writing [J]. Studies in Modern History, 2013, (03): 110-124.

[13] Guo Chengwei, Ma Zhigang. A Comparison of Cultural Enlightenment and Legal Construction between China and the West in Modern Times. Comparative Law Studies, 2001, (02): 1-15

[14] Ren Xirong. Normative Analysis of the Basic Cultural Policy Provisions in the Constitution [J]. Social Science Frontier, 2014, (02): 182-191

[15] Yang Jiejun. Judgment and Application of Punitive Behavior and Administrative Penalties: An Analysis of the Behavior and Related Controversial Issues in the "Admonishment" Case of Li Wenliang [J]. Administrative Law Studies, 2020, (06): 64-77.

[16] Ao Haijing. The Constitutional Basis of Freedom of Information [J]. Journal of East China University of Political Science and Law, 2023, 26(02): 34-52

[17] Guo Chunzhen. On the Justification of Legal Paternalism [J]. Zhejiang Social Sciences, 2013, (06): 75-82+158.