What is the idea of Article 74 of the Constitution, what does Article 37 of the Constitution provide

Updated on society 2024-05-29
8 answers
  1. Anonymous users2024-02-11

    According to the Constitution and relevant laws and regulations, people's congress deputies mainly enjoy the right to deliberate, vote, nominate, elect, put forward motions, question questions, propose recall cases, make suggestions, criticisms, opinions, proposals, freedom from prosecution by speech and voting, special personal protection, and protection of the duties of deputies.

    Article 74 of the Constitution you mentioned belongs to the special personal protection rights of people's congress deputies. People's congress deputies enjoy the right not to be arrested or tried without special permission or to have other restrictions on their personal freedom. The Representative Law stipulates that deputies to people's congresses at and above the county level shall not be subject to arrest or criminal trial without the permission of the presidium of the people's congress at the corresponding level and without the permission of the standing committee of the people's congress at the same level when the people's congress is not in session.

    If the person is detained because he is an active offender, the organ enforcing the detention shall immediately report to the presidium of the people's congress or the standing committee of the people's congress at that level. People's congress deputies at or above the county level shall obtain the permission of the presidium of the people's congress at that level or the standing committee of the people's congress if other measures prescribed by law are taken to restrict their personal freedom. If the people's congress deputies of townships, ethnic townships, or towns are arrested, subjected to criminal trial, or are subject to other measures restricting their personal liberty prescribed by law, the enforcement organs shall immediately report to the people's congress of the township, ethnic township, or township.

    The main meanings of the deputies' special personal protection rights include: (1) The special personal protection rights of people's congress deputies are limited to criminal cases and do not include the arraignment and trial of civil cases. (2) If a people's congress deputy is found guilty of a crime, he must obtain the permission of the presidium or standing committee of the people's congress before he can be arrested.

    3) Without the permission of the Presidium or Standing Committee of the People's Congress, compulsory measures such as judicial detention, administrative detention, re-education through labor, or residential surveillance must not be taken against people's congress deputies. (4) If a people's congress deputy is detained because of an active offense, the organ that executes the detention must immediately report to the presidium or standing committee of the people's congress at that level. The arrest or detention of people's congress deputies must follow strict legal procedures, otherwise, the organ that carries out the arrest or detention will be illegal and should be prosecuted according to law.

    Addendum: The parliaments and parliaments of a country or region are often the symbol of democracy, because they are inevitably associated with the words "public opinion", "democracy", "representation", etc. Thus, the parliament or congress is designed to participate in politics as a place for the various voices of society to be expressed.

    In order to ensure that parliamentarians or deputies can fully represent the will of the people and express their opinions, the constitution and laws often give parliamentarians or deputies greater space and privileges for speech. This is mainly reflected in the right to immunity from liability and arrest.

    It is intended to prevent other powers, such as the executive power (**), the judicial power (prosecutorial, court), from exerting undue influence on the proceedings of the Parliamentary Assembly, either under the pretext of inappropriate speech or the arrest of criminal suspects.

  2. Anonymous users2024-02-10

    Many countries have similar provisions.

  3. Anonymous users2024-02-09

    Article 37 of the Constitution of the People's Republic of China stipulates that the personal freedom of citizens of the People's Republic of China shall be inviolable. According to Article 30 of the Constitution, Article 7 stipulates that the personal freedom of citizens of the People's Republic of China shall be inviolable. No citizen shall be arrested unless he or she has been approved by the people's procuratorate or decided by the people's court or by 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.

  4. Anonymous users2024-02-08

    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 restrict the illegal detention or other methods of serving the town, to restrict the personal self-esteem of citizens, and to prohibit illegal searches of citizens' bodies.

  5. Anonymous users2024-02-07

    The personal freedom of citizens of the People's Republic of China is inviolable.

  6. Anonymous users2024-02-06

    Hello, Constitution of the People's Republic of China

    Article 75: Deputies to the National People's Congress shall not be prosecuted according to law for their speeches and votes at various sessions of the National People's Congress.

    Article 76: Deputies to the National People's Congress must abide by the Constitution and laws in an exemplary manner, keep state secrets, and assist in the implementation of the Constitution and laws in their own production, work and social activities.

    Article 77: Deputies to the National People's Congress are subject to the supervision of the original electoral unit, which has the right to recall the deputies elected by the unit in accordance with the procedures prescribed by law.

  7. Anonymous users2024-02-05

    Article 48: Women in the People's Republic of China enjoy equal rights with men in all aspects of political, economic, cultural, social, and family life.

    The State protects the rights and interests of women, implements equal pay for men and women for equal work, and trains and selects women cadres.

  8. Anonymous users2024-02-04

    Men and women are equal, and there can be no preference for sons.

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