On Personal Liberty and Its Legal Protection
|School||North China University of|
|Keywords||Personal freedom Fundamental rights Legal protection|
Personal freedom as a citizen, a basic human right, recognized widely in national constitutions, laws and international human rights documents. Its importance: it is the starting point of the human freedoms, and other freedoms prerequisite. For our part, the general public perception of the concept of human rights is not deep, involving legislation to protect or restrict the personal freedom of citizens still lags far behind the other country under the rule of law and international conventions. Unlawful deprivation of and restriction of personal freedom judicial practice in recent years, cases continue to occur, resulting in extremely bad social impact, so how to provide legal protection for the personal freedom of citizens has become one of the key issues of concern in the construction of China's legal system. Explained through the system, the theoretical origins of the basic human rights of the freedom of the person, as well as a comparative analysis of the legal system of the protection of personal freedoms of the major countries in the world, to explore the theoretical basis to provide legal protection for personal freedom and values, our current legal system exists problems, and discusses the idea of ??legal protection mechanisms to establish our personal freedom. The text is divided into four parts. The first part describes the theoretical origin of personal freedom. Mainly from the point of view of the history of law to sort out the course of development of the concept of personal freedom, and summarized in today's society under the rule of law, liberty shall have the characteristics and meaning. The second part of comparative analysis of the relevant national legislation of, cited common law and civil law representative national law and international conventions, to show the reference for the construction of China's legal system. The third part of the analysis of the problems and causes of our legal system for the protection of citizens' personal freedom. The legal protection of personal freedom from the field of public law, the provisions of the Constitution, the Code of Criminal Procedure and administrative legal system to be analyzed. Section IV presents the idea to improve the system of legal protection in China. First added restriction of personal freedom in the Constitution the principle of statutory procedures, and increased censorship of unconstitutional laws and regulations and constitutional litigation. Secondly, we must make the restrictive provisions unconstitutional measures to restrict the personal freedom of citizens in the Code of Criminal Procedure and administrative legal system specification two aspects from the substantive rules and procedures to be improved. The eventual establishment of the Constitution as the total program, the criminal justice system and the administrative law system for the legal protection of the latitude and longitude of the integration and coordination mechanism, establish a standardized and strict control effectively prevent illegal infringement bastion of the rule of law for the personal freedom of citizens in the legal system. Also, continue to accelerate the establishment of the social concepts of human rights and judicial experience primitive accumulation duties according to law, the legislative, judicial and executive authorities as the most important models and educational way to help the citizens of the gradual completion of the awakening of the concept of human rights and re- plastic.