[case] constitution article

                           "The constitution" typical case

 

(case 1]
   Lee in the universities do send and receive the job, he will use the work, destroying, and open other people's letters hundreds of letters, interrupt caused by many people and schools, affect the work and study, he was classmates spread the privacy content some letters, cause undesirable consequence.
   Lee's behavior is a violation of the Constitution? Lee's behavior violated what civil rights?

   --In violation of the provisions of the constitution.   ViolationCommunication freedom, right of communication privacy.

[case 2]
   The defendant Lee is a factory workers. He who dares to speak boldly in defense of justice, so offended some people. Someone with an anonymous letter to his "report", said Chen and factory married women Dongmou have an affair. Factory safeguard section to the Chen Chen deny by oath, query, and led the serious offenders. Security department responsible person Shen said he is not honest, arbitrarily decided: (1) are not allowed to leave the place of residence of Chen Chen; (2) are not allowed to participate in any social activities; (3) to remain suspended reflection, the 10 day deadline to write a confession.
   Security department responsible person Shen made the "decision" is a kind of what kind of behavior? The anonymous letter to his "accusation" behavior is what kind of behavior? The above two kinds of behavior in violation of the provisions of the Constitution?

   -- unconstitutional, illegal acts of violation of the right of personal liberty; false accusation of violation of human rights.



[case 3]
   Bai Jinlong, Li Haiming, Zhang Zhaokui proud, 4 people detained on suspicion of participating in Mabingbing organized crimes of the underworld society, by the Gansu Provincial Higher People's court acquitted, afterLanzhou City Intermediate People's Court of the Compensation Committee recognizes the state compensation, Bai Jinlong decided to restriction of freedom of person 1148 days compensation 73200 yuan compensation, compensation and arrogant person is restricted the wrong detention 1182 days of liberty damages of 75400 yuan, compensation Li Haiming person is restricted the wrong detention 1030 days of liberty damages of 75400 yuan, paidZhang Zhaokui was wrong detention limit for 1340 days of liberty damages of 98200 yuan.

   --Acquittal detention violated their personal freedom.

 

[case 4]
  Qi Yucen and Chen Xiaoqi fellow Shandong in eighth junior high school graduates to rise in 1990, Qi Yucen passed the qualifying examination for secondary school achieved the qualification and health, while Chen Xiaoqi was in school qualifying exam. The same year, Qi Yucen enrolled in Dongshan city commercial school, but Qi Yucen's admission notice is false Chen Xiaoqi, Xiao Qi Chen in the name of Qi Yucen to a business school attended. After graduating in 1993, Chen Xiaoqi continued in the name of Qi Yucen was assigned to work in China bank branch. Qi Yucen in 1993 that Chen Xiaoqi used the name of school and the employment situation, by Chen Xiaoqi and the school and unit infringes the name and the right to education on the grounds to the court, asked the defendant to stop infringement, and compensate for the economic losses and spiritual losses.
   Chen Xiaoqi and the school and unit violates what right Qi Yucen?

    -- the right of name andThe right to education.

[case 5]
At the beginning of 1995, Guangxi Nanning staff in one hospital calls for the establishment of trade unions, and through the school Party branch secretary for general labor union organization department, Organization Department: Reply "has more than 80% employees to apply, will report to Secretary," but the reasonable demands for constitutional rights, was director of the hospital and the authority of the opposition, they held a meeting, is "illegal organization", to "resolutely banned". Workers are dissatisfied, represented a superior departments to reflect, go call for nearly a year, bureau leader, Nanning City hospital is not approved.
   President, Secretary of the hospital leader and hospital in violation of the provisions of the Constitution?

   --The workers have set up organizations of workers rights.

[case 6]
Impoverished county, famous in the population, less arable land, population growth. The county government to implement the national policy of family planning, control population growth, according to the specific situation of the county, and according to the national law, promulgated the "on the implementation of the family planning policy, the control measures of population growth (hereinafter referred to as the" measures "). "Measures" provisions of state owned enterprises, all state organs and institutions, formal employee, age of marriage a man shall not be earlier than 25 years of age, female no earlier than 22 years of age, if violated, should resign from the authority, unit of work. After the resignation, according to the "marriage law" provisions of the marriage. The "measures" after the implementation of the county people's Congress Standing Committee, according to the part of the masses and the proposal of the representative of the "measures", in accordance with the law review, that it violates the provisions relating to marriage age of China's "marriage law", decided to withdraw, and notify the county people's government to stop the implementation of. The county government is that, the approach is based on the specific situation developed, very productive for the late marriage and late childbearing, insist on the implementation.
   County People's Congress Standing Committee practice right?

   --Provisions unconstitutional invalid, the highest effect.

[case 7]
A magazine in 1996 nineteenth period published a thing, that is one of a provincial Party committee violated the criminal law, be sentenced to labor camps. A young writer to write a report literature, the matter was related to the leadership that, shortly before the writers on the instructions of the leadership: this level (Party committee) cadre problem cannot casually written report literature.
  The reportage writing object level limit?

  --The natural person has the publishing rights.

[case 8]
Female dormitory a tile factory has often stolen. One afternoon, young lady Zhang bought the cloth and with 300 yuan of money wallet under your pillow, at that time, only the same dormitory workers will be a present. When the day after work, Zhang back to the dormitory found pillow cloth and wallet disappeared, suspect Jiangmou stolen, to the factory safeguard section report. Factory security Koko Sun Mou in the absence of any evidence, called a river, to her account, Jiang a deny by oath. Sun believes that Jiangmou attitude is not honest, forcing a river out of the box to check, Jiang Mou does not from the sun chief, more that the river a fishy in the hearts, unauthorized hit Kaijiang a cabinet, but have gained nothing. Soon, learned from a thieves metasomatism, wallet and cloth line Zhang he stole, Sun Moucai had to apologize to a river.
   Defend coco Sun Mou of the river a search right? Why?

   --Right, right of the person shall not be violated.

[case 9]
   A provincial government in 1984 May appointed the province a NPC Standing Committee Director for the Ministry of education college admissions office. The provincial people's Congress Standing Committee identified, the decision of the provincial government in violation of the constitution, reversed this decision.
   Whether the decision of the provincial government in violation of the Constitution? The provincial people's Congress is whether there is a legal basis?

   --The provincial people's Congress Standing Committee shall not concurrently hold the position of administrative organs.

[case 10]
A retired worker is fond of playing the piano, retired at home to support two pianos, their play, also recruited several students in the teaching activities. But the wonderful music and not let small life more colorful, but become arch-criminal neighbors rest. In the neighborhood, the police station many coordination fail circumstances, the neighbor took him high court. In this case, the provisions of the piano sound and did not reach the environmental law about the noise standard, neighbors also no evidence to prove his mental damage, the court to "citizens in exercising their rights and freedoms, shall be without prejudice to the rights and freedoms of others" judgment on the accused soundproofed in his room in this case, and bear the litigation costs.
  With the rights and obligations of the principles of the constitution, analysis.

  --Citizens have the right to rest.

[case 11]
Jiang Tao is a Sichuan University law department in 98 of an undergraduate. In 2001 December in search of work period to see the newspaper published in the people's Bank of Chengdu Branch recruiting staff. Notice explicitly demanded the candidate as "men of 168 cm, 155 cm above the female" and Jiang's height is only 165 centimeters, he felt discriminated against. In the school the teacher's encouragement, to use legal knowledge they learned Chengdu Branch decided to sue, to uphold the Constitution gives equal rights for their. He later to Chengdu City Wuhou District appointed court, requesting the court to confirm the specific administrative act as illegal defendant containing height discrimination. Stop advertising etc.. In January 7, 2003, the court accepted the case. In January 9th the defendant published a correction notice in the newspaper after the enrollment, the abolition of the candidate's height limit.

   --With height exclusion parties the right to work