What is the knowledge framework of the Civil Procedure Law?

The right to personal liberty refers to the right of citizens to act independently within the scope of the law without interference from others, not to be illegally arrested or detained, not to be unlawfully deprived of or restricted from liberty, and not to be illegally searched for their bodies. The inviolability of personal freedom is the minimum and most basic right of citizens and a prerequisite for citizens to participate in various social activities and enjoy other rights. It is the personality right of citizens to act and think according to their own will and interests, without restraint, control or hindrance.

Main contents of the right to personal liberty:

The right to bodily freedom.

The right to bodily liberty, also known as the right to freedom of action, refers to the right of a natural person to act and refrain from acting within the scope prescribed by law in accordance with his or her own will and interests, without unlawful restriction, deprivation or obstruction. The right to bodily freedom includes the right of a natural person to freely dispose of his or her external bodily actions. Unlawfully restricting, hindering or depriving a natural person of his or her physical liberty is a tort.

Restricting the victim's physical freedom by illegal coercion is an infringement of the right to bodily freedom. This is because bodily freedom is a fundamental civil right of a natural person, and once unlawfully deprived and restricted, it is an infringement on the freedom of movement of others.

The right to moral freedom.

The right to freedom of mind, also known as the right to freedom of will and freedom of will.

Students learn about the right to personal liberty.

In modern society, it is a prerequisite for a natural person to engage in legitimate thinking activities and observe social phenomena according to his own will and interests, and the law should protect them. Therefore, the right to spiritual freedom is the right of a natural person to think independently according to his own will and interests, within the scope of the law, and the right of a natural person to freely dispose of his or her inner thinking activities. Unlawfully restricting or obstructing the mental freedom of a natural person is a tort.

In this regard, Article 149 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law (for Trial Implementation)[1] stipulates that: "Where a person misappropriates or impersonates the name of another person, deceives or fools another person by means of letters or telegrams, and damages his property or reputation, the infringer shall bear civil liability." The situation described in this judicial interpretation is an act of infringing on the right to freedom of will of others by fraudulent means.

As scholars have pointed out, fraud is the deliberate act of causing a person to fall into error. To be established, fraud must be an act of defrauding a person with fabricated facts, which is an act of intentional infringement of pure concept.

Therefore, it is sufficient to have the intention to cause the deceived person to fall into error. Coercion is the deliberate use of improper ends or means to foretell harm and cause terror in people's hearts. Fraud and coercion are all infringements on the right to liberty, and it is the right to spiritual liberty that they infringe.

Strictly speaking, this is a restriction on the personal freedom of others, and if the school is in danger at that time, such as a fire or something, there will be very serious consequences, so it is best to explain to the school that students stay in school after school, and the situation can be improved in the form of criticism and education, but this kind of radical behavior cannot be used, and I hope that the school will criticize and educate the school police, and if it is not corrected repeatedly, it is best to replace people.

In the unlikely event that a student has a personal accident, the school will take full responsibility!

Complain to the Education Bureau!

Can't count.

You can first report to the school, if there is no change, then leave enough evidence, such as mobile phone shooting, recording, etc., and then break the school gate and rush out of the school.

Article 37 of our Constitution stipulates.

The personal freedom of citizens of the People's Republic of China is 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 prohibited 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 above-mentioned legal provisions, it is clear that the actions of the mall have violated the personal liberty of the two girls: "It is forbidden to unlawfully deprive or restrict the personal liberty of citizens by illegal detention and other means, and to prohibit illegal searches of citizens' bodies." This sentence is very clear!

There is a constitution, civil law, and criminal law.

The Constitution of the People's Republic of China stipulates that the personal freedom of citizens shall not be violated. [1] No citizen shall be arrested without the approval or decision of the People's Procuratorate or the decision of the People's Court, and shall be enforced by the public security organs; It is prohibited to illegally detain or otherwise unlawfully deprive or restrict a citizen's personal liberty, and to illegally search a citizen's body; It is forbidden to insult and slander citizens by any means; prohibits unlawful search or trespass into the homes of citizens; No organization or individual may infringe upon citizens' freedom and confidentiality of correspondence for any reason. The essence of personal freedom is to respect the personal life of citizens, and judicial organs must deprive or restrict the personal liberty of offenders in accordance with the provisions of the law, and put an end to arbitrary arrests, imprisonments, body searches, and other acts that infringe on personal rights.

National law protects citizens' personal liberty and rights to life and health in criminal, civil and administrative aspects. For example, the Criminal Law, the General Principles of the Civil Law, and the Law on Penalties for Public Security Administration have made specific provisions on the protection of citizens' personal liberty and rights to life and health.

Article 40 of the Regulations of the People's Republic of China on Administrative Penalties for Public Security stipulates that "anyone who illegally restricts the personal freedom of another person or illegally trespasses into the residence of another person" and that "if it is not sufficient for criminal punishment, he shall be detained for not more than 15 days, fined not more than 200 yuan, or given a warning." ”

Article 238 prohibits unlawful detention of persons or other unlawful deprivation of liberty of persons. Violators shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention 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 and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and whoever causes death shall be sentenced to fixed-term imprisonment of not less than seven years.

Article 245 Whoever illegally controls another person, or illegally searches the body or residence of another person, or illegally trespasses into another person's home, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.