Which provision of the law does not allow the restriction of the personal liberty of others?

No citizen shall be arrested without the approval or decision of the people's procuratorate or the decision of the people's court, and is enforced by the public security organs.

It is forbidden to illegally detain or otherwise unlawfully deprive or restrict a citizen's personal liberty, and to illegally search a citizen's body.

Article 38: The personal dignity of citizens of the People's Republic of China is inviolable. It is forbidden to insult, slander or falsely accuse citizens in any way.

Article 39 The homes of citizens of the People's Republic of China shall not be infringed upon. It is forbidden to unlawfully search or trespass into citizens' homes.

Legal Analysis: Illegal Restriction of Personal Liberty of Others: Unlawful restriction of personal liberty of others for more than 24 hours constitutes a crime.

The crime of unlawful detention refers to the criminal act of illegally depriving others of their personal liberty by means of detention, confinement, or other coercive methods. If the crime of illegal detention is constituted, it is generally sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights.

Legal basis: Criminal Law of the People's Republic of China

Article 238:Whoever unlawfully detains others or unlawfully deprives others of their physical liberty by other means is to be sentenced to up to three years imprisonment, short-term detention, controlled release, or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; and where death is caused, the sentence is to be 10 or more years imprisonment. Where violence is used to cause injury or death, it is to be convicted and punished in accordance with articles 234 and 232 of this Law.

Where others are illegally seized or detained for the purpose of collecting debts, punishment is to be given in accordance with the provisions of the preceding two paragraphs.

Where employees of state organs abuse their authority to commit the crimes in the preceding three paragraphs, they are to be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.

Article 239:Whoever kidnaps another person for the purpose of extorting property, or kidnaps another person as a hostage, is sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have property confiscated; where the circumstances are more minor, a sentence of between 5 and 10 years imprisonment and a concurrent fine is to be given.

Whoever commits the crime in the preceding paragraph and kills the kidnapped person, or intentionally injures the kidnapped person, causing serious injury or death, is to be sentenced to life imprisonment or death and confiscation of property.

Stealing infants and young children for the purpose of extorting property is to be punished in accordance with the provisions of the preceding two paragraphs.

Legal Analysis: Coercive measures and punishments that restrict personal freedom can only be enacted into laws, while China's laws are formulated by the National People's Congress and its Standing Committee.

Legal basis: Administrative Punishment Law of the People's Republic of China

Article 10: The law may set up various types of administrative punishments. Administrative penalties restricting personal liberty can only be set by law.

Article 11: Administrative regulations may set administrative punishments other than restricting physical liberty. Where the law has already made provisions on administrative punishment for illegal acts, and administrative regulations need to make specific rules and regulations, they must be provided for within the scope of the acts, types, and ranges of administrative punishments prescribed by law. The law does not provide for administrative punishment for violations of the Stove Group Law, and administrative regulations may supplement the administrative punishment for the implementation of the law.

Where it is proposed to supplement the establishment of administrative punishments, opinions shall be widely heard through means such as hearings and debate meetings, and a written explanation shall be made to the formulating organ. When administrative regulations are submitted for filing, the circumstances of supplementing the establishment of administrative punishment groups shall be explained.

Legal analysis: The people of provinces, autonomous regions, or municipalities directly under the Central Government authorized by *** may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power restricting personal liberty can only be exercised by the public security organ. The law may set various administrative penalties.

Administrative penalties restricting personal liberty can only be set by law.

Legal basis: Legislation Law of the People's Republic of China

Article 8 The following matters can only be enacted by law:

1) Matters of national sovereignty;

2) The formation, organization, and powers of all levels of people's congresses, people's courts, people's courts, and people's procuratorates;

3) The system of regional ethnic autonomy, the system of special administrative regions, and the system of grassroots mass autonomy;

4) Crimes and punishments;

5) Compulsory measures and punishments for deprivation of civil and political rights or restriction of personal liberty;

6) The establishment of taxes, the determination of tax rates, and the management of tax collection and other basic tax systems;

7) the expropriation and requisition of non-state-owned property;

8) the basic civil system;

9) the basic economic system and the basic systems of finance, customs, finance and foreign trade;

10) Litigation and arbitration systems;

11) Other matters on which laws must be enacted by the National People's Congress and its Standing Committee.

Article 9: Where laws have not yet been enacted on the matters provided for in Article 8 of this Law, the National People's Congress and its Standing Committee have the right to make a decision and authorize them to first formulate administrative regulations on some of these matters based on actual needs, except for matters related to crimes and punishments, compulsory measures and punishments for deprivation of citizens' political rights and restrictions on personal liberty, and the judicial system.

Legal analysis: According to the provisions of the "Law on Concealment of Punishment for Administrative Punishment", the power of administrative punishment to restrict personal freedom can only be exercised by the public security organs.

Legal basis: "Administrative Punishment Law of the People's Republic of China" Article 16 The people of provinces, autonomous regions, and municipalities directly under the Central Government who have been granted the right to take the town may decide on an administrative organ to exercise the administrative punishment power of the relevant administrative organ, but the administrative punishment power that restricts personal freedom can only be exercised by the public security organs.