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The legal content of the Constitution for the protection of personal freedom is that citizens enjoy the right to personal autonomy and freedom of movement from the domination and control of others, and the right to protect their bodies from illegal infringement. The State prohibits any organization or individual from illegally detaining, depriving or restricting citizens' personal freedom. If a citizen violates the law and commits a crime and it is necessary to restrict or deprive him of his personal liberty, it must be carried out by a legally prescribed organ in accordance with the legally prescribed procedures.
Legal analysisAccording to the relevanceLaws and RegulationsIt stipulates that the personal freedom of citizens of the People's Republic of China shall be inviolable. 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.
According to the provisions of the Constitution, the arrest, detention, search, deprivation or restriction of a citizen's personal liberty in our country must be carried out by the relevant state organs in accordance with legal procedures, and no organization or individual may exercise these powers. There are also limits to the right to personal liberty in the Constitution. For the sake of social interests and the rights of others, state organs may, when necessary, take certain measures to restrict or deprive citizens of their personal rights, but they must do so in accordance with legal procedures.
If a citizen is violated by legal procedures, it is an act of violating the law and committing an act of restricting his or her personal freedom. The Constitution guarantees citizens' right to personal liberty, and others may not arbitrarily infringe upon citizens' personal freedom, and residents may not be illegally detained or searched for their bodies. If the illegal detention and restriction of a citizen's personal liberty is a criminal act, legal responsibility is required.
Legal basisArticle 37 of the Constitution of the People's Republic of China The personal freedom of citizens of the People's Republic of China shall not be violated. 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.
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It is generally believed that China's constitution exercises special legal protection for personal freedom, and no citizen shall be arrested without approval or decision, or decision and execution. (
a.Public security organs, people's procuratorates, people's courts.
b.People's Procuratorates, People's Courts, Public Security Organs.
c.People's Law Closed Hands Court, People's Procuratorate, Public Security Organs.
d.People's courts, public security organs, people's procuratorates.
It is generally believed that China's constitution provides special legal protection for personal freedom, and no citizen shall be arrested unless he or she has been approved or decided, or whose decision has been made and executed. (
a.Public security organs, people's procuratorates, people's courts.
b.People's Procuratorates, People's Courts, Public Security Organs.
c.People's courts, people's procuratorates, and public security organs.
d.People's courts, public security organs, people's procuratorates.
It is generally believed that the Constitution of our country provides special legal protection for personal freedom, and no citizen shall be subject to arrest unless it has been approved or decided, or has been decided and executed. (
a.Public security organs, people's procuratorates, people's courts.
b.People's Procuratorates, People's Courts, Public Security Organs.
c.People's courts, people's procuratorates, and public security organs.
d.People's courts, public security organs, people's procuratorates.
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1. Inviolability of personal freedom: It means that citizens enjoy the right to be free from any illegal search, detention, arrest, deprivation or restriction of their personal rights.
2. Inviolability of personal dignity: refers to inviolable rights such as reputation, name, and portrait that are closely related to the person, and are embodied in personality rights, such as name rights, portrait rights, reputation rights, defamation, and false accusations.
3. Shouting Yuanling citizens' residences are inviolable: that is, the right to residential security, which means that the places where citizens live and live are not subject to illegal intrusion and search.
4. Freedom of communication: refers to the freedom of citizens to communicate according to their own wishes through letters, telecommunications, and other means of communication without interference from others.
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Personal liberty is inviolable, human dignity is inviolable, home is inviolable, freedom of correspondence and privacy of correspondence are protected by law.
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Personal freedom is a very important right and freedom of citizens, and it is the premise and basis for citizens to exercise all other rights and freedoms. The right to personal liberty, as an important constitutional right, was established by the bourgeoisie in the struggle against feudal relations of personal dependence and even slavery and emptiness. The first to establish the right of citizens to personal liberty was the Magna Carta of Liberty in England in 1215.
It provides that no freeman shall be arrested, imprisoned, or exiled, or harmed, except by the lawful judgment of his native nobles, or by the law of his own country. The U.S. Constitution is the umbrella for the protection of personal liberty. Judging from the provisions of the constitutions of various countries, the protection of personal freedom is mainly in two aspects:
The first is the prohibition of physical slavery. For example, the French Declaration of the Rights of Man states: "No one shall be subjected to servitude."
All forms of slavery and slavery must be abolished. "Second, restricting and depriving citizens of their personal liberty must go through legal procedures. The core of China's constitution on the protection of citizens' personal freedom refers to the state, that is, the restriction and deprivation of citizens' personal freedom must comply with the conditions and procedures prescribed by law.
With regard to the prohibition of non-combative acts of deprivation and restriction of a citizen's personal liberty, this article also specifically stipulates the methods of unlawful detention.
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