The second chapterBasic civil rights and obligations

Article thirty-third Where has the nationality of the people's Republic of people are citizens of the people's Republic of china.

Citizens of the people's Republic of China are equal before the law.

Every citizen is entitled to rights under the Constitution and the law, at the same time must perform the duties prescribed by the Constitution and the law.

Interpretation. This article is about the nationality equality and civil law.

A, nationality and Citizenship

Nationality is the natural person is determined to belong to a country Members legal qualifications or identity, is the only criteria to distinguish between nationals and foreigners. Nationality is the internal and external two kinds of meaning. The meaning is, once a person has achieved a state of nationality, can enjoy the rights prescribed by the Constitution and law, but also bear the Constitution and the laws of the country's obligations. The meaning is, has a certain nationality people, the legitimate rights and interests of the countries of the diplomatic protection. Acquisition of nationality usually has two ways: one is because the birth and natural acquisition of nationality, the nationality called the original nationality; two is due to the addition of a country and the nationality, the nationality and citizenship. Due to the birth and the acquisition of the nationality, the provisions of different countries, there are three main principles: first, jus sanguinis principle, i.e. to determine a person's nationality by birth based on the nationality of the parents, irrespective of whether it was born in two is why; principle of birth, is born as a child acquisition of nationality basis, regardless of their parents belong to what nationality; three is the mixing principle, the jus sanguinis principle and the principle of birth are combined to identify the nationality of children. According to the provisions of the nationality law of our country, our country nationality adopt jus sanguinis, mixed mode and complemented by birth, namely: both parents a party for Chinese citizen, I was born in China, has Chinese nationality; both parents or one of the China citizens, this person was born in foreign countries, with Chinese nationality, but both parents or one of the Chinese citizen and settled in a foreign country, I was born with a foreign nationality, does not have the China nationality; parents are stateless or of unknown nationality, settled in Chinese, I was born with Chinese nationality in China; a foreigner or stateless person willing to abide by the Constitution and the law and in accordance with China, certain conditions, can be added Chinese nationality.

The citizen is a nationality of natural person and according to the Constitution and laws of the country's rights and responsibilities. The common practice of other countries is the acquisition of the nationality law, as in terms of their citizenship. The concept of citizen is a process of development and change in china. After the liberation of the Chinese people's Political Consultative Conference Chinese "common program" is used"People"And"The national"Two concepts.1953The electoral law years began to use"Citizen"As a main body of the right to vote and the right to be elected.1954The use of formal"Citizen"As the main body of the basic rights and obligations.1975Years of the Constitution and the1978The use of this title.1982The use of this title. According to the provisions of this article, shall have the nationality of the people's Republic of people are citizens of the people's Republic of china. So, get Chinese nationality is a sufficient condition Chinese citizens.

The difference between citizens and the people, people is a political concept, and the citizen is a legal concept. People are owners of the state power, and the citizen is the main body of legal rights and obligations. The scope of citizens than a broad range of people, all have the nationality of the people's Republic of people is a citizen, he enjoys legal rights, assume the obligations prescribed by law. While the people refers to the scope of the socialist workers, patriots supporting socialism and who support the reunification of the motherland.

Two, the principle of equality before the law

For the principle of equality before the law can be understood from the following aspects:

1Everyone is equal before the law applicable legal equality rather than legislative equality. Equal application of the law refers to the citizens are equal in compliance with the law and apply the law. Legislative equality refers to the law itself content must implement the principle of equality of citizens. For the principle of equality before the law is refers to the equal application of the law, or legislative equality, or refers to the equal application of the law, but also includes the legislation equality, has been the existence of different views. From a historical point of view, should be equality before the law refers to the equal application of the law.1789France's "Declaration of human rights" is the first principle of equality as defined the constitutional principle. Notable is, "" the Universal Declaration of human rights6All the provisions of article is:"Law is the expression of the general will. Make every citizen has a right to personally or through their representatives to participate in legal. The law for all people, regardless of is the implementation of protection or punishment is the same. In front of the law, all citizens are equal, so they can have equal according to their abilities as all official posts, public positions and duties. In addition to virtue and ability of difference, there shall be no other difference."The content is divided into three parts: one is the nature of the law (the law is the embodiment of the will); two is about the problems in the legislation of citizen; three is the equality of citizens about the applicable law of the. Among them, the so-called equality before the law principle, simply refers to the applicable legal equality, but does not include legislative equality, since the law is the embodiment of public will, but the law is formulated by the citizen personally or through their representatives, the content of equality is not self-evident.

Citizens are equal before the law, the provisions of our constitution has been the restriction in the application of law and equal.1954Provisions of the constitution is:"Citizens of the people's Republic of China shall be equal before the law."There was a suggestion that, from the semantic point of view, this provision includes not only the equality of citizens in the application of the law, also includes the equality of citizens in the content of legislation.1982Years to amend the provisions of this constitution, shall"Citizens of the people's Republic of China are equal before the law."This provision will be limited to the equality of citizens equal application of the law, not including the content of legislation equality. Why not include the content of legislation equality? First, the people and the enemy of the citizens, for the people and the enemy in the legislation is not equal. Second, in the system of people's Congress political system, all state power belongs to the people, the National People's Congress and the local people's congresses at various levels are the organs exercise power for the people. Theoretically speaking, the NPC and its Standing Committee in the legislative process has always been to represent the will of the people for the purpose, to ensure the content of legislation equality is self-evident, there should be no violation of equality and the principle of legislative activity. Third, the basic rights of citizens by the constitution to make specific provisions, the NPC and its Standing Committee legislation must take the constitution as the basis, if the legislation does not equal phenomenon, is contrary to the constitution, in accordance with the relevant provisions of the constitution of unconstitutional review system to review the revocation. But note that, because of the complexity of the primary stage of socialism, in practice, the legislation of the individual against the principle of equality is also inevitable, to this kind of phenomenon should be resolved by the constitutional review system and other legislative supervision system.

Thus, the provisions of the people's Republic of China citizens are equal before the law has the following meanings: (1) all citizens enjoy equal rights under the Constitution and the law. This is of two kinds, one is the rights under the Constitution and the law applicable to all citizens, all citizens are entitled to these rights according to the same conditions. For example, the right to personal liberty of citizens are not violated is the right. Two is the rights under the Constitution and the law is only applicable to a specific range of citizens, in which a specific range of citizen is entitled to these rights. For example, article51The provisions of the state, to protect the legitimate rights and interests of overseas Chinese, protect the lawful rights and interests of Returned Overseas Chinese and their relatives. The scope of the rights and interests of overseas Chinese, returned overseas Chinese and of the family members only. (2All citizens are equal) to perform the obligations stipulated by constitution and law. It also has two kinds, one is the constitutional and legal obligations applicable to all citizens, everyone must perform. For example, article52Regulations, citizens of the people's Republic of China to safeguard national unification and ethnic unity and obligations. This obligation is applicable to all citizens. Two is a certain obligation applies only to certain people. For example, the Constitution stipulates that citizens have compulsory military service in accordance with the law and pay taxes in accordance with the law, only in accordance with the relevant provisions of age and physical condition of citizens to perform military service obligations, only in accordance with the law to achieve a certain income citizens have the duty to pay taxes. (3) the national judicial organs and administrative organs in the application of the law, the legitimate rights and interests of all citizens are equal to protect all citizens, on illegal and criminal behavior, equally (shall be investigated for legal responsibility4Any citizen or organization) shall enjoy beyond the constitutional and legal privileges.

2Everyone is equal before the law is a constitutional principle rather than specific rights. For everyone is equal before the law is a constitutional principle, is a basic right, or is not only the constitution principle is a basic right of citizens, has been the existence of different views. The provisions of this law before the equality is an important constitution principle, not a specific basic civil rights, also does not have is not only the constitution principle is the dual nature of specific rights. Why do you say that? First, the language of the constitution about the rights and freedoms is very careful, belong to the rights and freedoms are clear"Right","Right"And"Free"Title. For example, the citizens have the right to vote and to be elected; labor rights, the right to education, to obtain material assistance from the state or social rights; speech, publication, assembly, association, parade, demonstration of freedom, freedom of religious belief is a personal freedom, etc.. And for all citizens are equal before the law, the constitution is not called rights, nor called for free. Second, from the structure of the constitution, the constitution will all citizens are equal before the law and the content in chapter second"Basic civil rights and obligations"The article1The regulations, the actual embodies the equality is a universal and overarching principles, the following from the34The article56All about citizen's basic rights and obligations, are undoubtedly to the article on the principle of equality on the basis of the provisions of this. The equality principle is"Gang", the specific rights and freedom"Mesh"Once the headrope of a fishing net is pulled out, all its meshes open. Third, the"Citizens of the people's Republic of China are equal before the law"For the legal equality of four layers of meaning that, equality is an abstraction of the constitutional principle in the application of the law of all citizens. Fourth, the principle of equality is actually from the specific rights and obligations which is abstracted from spirit. The spirit of equality already contains the specific rights and obligations of citizens. The spirit of equality, from the perspective of rights, in accordance with the division of the subject of rights, can be divided into the equality between men and women, ethnic equality, ethnic equality; according to the object of the right division, can be divided into the personality equality, equality, equality in employment and occupation, religious equality etc.. From the perspective of obligation to reflect on the citizens should be equal to assume a variety of different legal obligations, such as military service obligation of planned parenthood, tax obligations, duties etc.. Equality is not an independent right, but in each of the specific rights, if not equal, the concrete rights can not be achieved. Equality is the universal rights and not special, all kinds of rights itself is special. Fifth, any right to citizens by the Constitution and the law if violated, citizens can take this right violated by a lawsuit or get relief through other means, and should not be equal to the request on the grounds of relief right is infringed, because at this time, the citizen to realize is a concrete right, rather than the abstract right of equality, equality is actually the specific rights necessary conditions, rather than the right itself. For example, state organs recruit, height restrictions on citizens, citizens should participate in the national right to work rather than the equal right is infringed by a lawsuit, institutions of higher learning inequities in the admission of students, students should be based on the right to education and not equal right is infringed by a lawsuit. Sixth, the principle of equality is not only a right, or an obligation principle, requires all citizens or a specific range of citizens to abide by and fulfill an obligation, therefore, if the equality as a separate right called equal rights, it is not comprehensive enough.

3Everyone is equal before the law not only includes equality of opportunity, also including the substantive equality. As an important constitutional principles of equality, including equal two aspects of substantive equality and opportunity. People are congenital and acquired differences in birth, gender, qualification, property and ability etc.. This is the essence of inequality. However, people in the political, economic and social activities, to realize their own interests and values, and the need for a fair competition opportunity. This is the equality of opportunity. In the feudal system, between human rank, privileges and other inequalities, neither the equality in essence, also does not have the equal competitive opportunity. The bourgeoisie against feudal identity and privileges system, put forward the equal opportunity between people, through free competition, equality of opportunity, realize the equality in essence between people. This is the modern sense of the bourgeois concept of equality. However, only the pursuit of equality of opportunity, will inevitably cause and aggravate the essential inequality, because although the equal competitive opportunity may make some people achieve equality with others in the real sense, but also may cause and exacerbate social polarization of wealth, and brings to the society of turmoil and unrest factors. Therefore, an important change in the concept of equality of the modern constitution, is on basis of equality of opportunity for sure, the essence of the pursuit of equality to make appropriate certainly, this mainly manifests to make security provisions in the constitution of social and economic rights of citizens.

Equality problem in handling civil substantive equality and opportunity, we've had in the past mistakes of cognition and practice. One kind is equal as equalitarianism. Under the planned economy system, we deny the existence between the human and the human ability, qualification, property and labor value actually differences, the allocation results on the mess and absolute equalitarianism, contused greatly the enthusiasm of workers. Another phenomenon is very"The left"Thinking of the impact, the real difference for, all privileges doctrine, that sense of privilege and privilege practices once prevailed, thereby undermining between people should have equal opportunity, and1954Constitution affirmed citizens shall be equal before the law, and1975Years of the Constitution and the1978Years of constitution have canceled the provisions in the law of equal citizenship.1982Years relevant citizen equality provisions of the constitution, which includes not only the citizens enjoy equality of opportunities, also contains the citizens enjoy the equality in essence. Equality refers to the citizens in the political, economic and social activities of the state, enjoy equal opportunities. As this article34The provisions:"The people's Republic of China at the age of18Citizens under the age, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status or length of residence, have the right to vote and to be elected". The equality in essence refers to the premise of acknowledging the existence of individual differences between socialist countries all rational people, on the one hand, to allow and encourage some area, some people to become rich first, and promote regional economic development and the other part is relatively slow, and ultimately in the material and economic life to common prosperity; on the other hand, the state through various social and economic rights in the constitutional and legal protection of citizens, to try to reduce and gradually eliminate the polarization between the rich and the poor. For example, for narrowing the gap between rich and peaceful, countries on the one hand to establish a social security system for the protection of vulnerable groups, economic benefits, on the other hand to adjust measures through taxation, the tax burden increased high income people.

Three, the relationship of rights and obligations

The rights of citizens refers to the citizens in the range of the Constitution and the law, be certain behaviors, and the requirements of the state or other citizens or organizations for some act or not act qualification. The obligations of citizenship is based on the Constitution and the law, citizens must be a certain behavior or not behavior responsibility. The problem about the relationship between civil rights and obligations, the previous constitution does not make specific provisions, eight two years constitution which made new provisions. According to the provisions of this article, the basic relationship between rights and obligations is, citizens enjoy the rights under the Constitution and the law, and at the same time, must fulfill the obligations stipulated by constitution and law. The establishment of such an important principle, is to correctly understand and handle the relationship between rights and obligations, i.e. no rights without duties, have no rights and obligations, any citizen can not only enjoy the right, but not the obligation, not only bear the obligation, and do not enjoy the rights, further more, it is conducive to the opposition to enjoy the rights without obligations of privilege, against only undertake the obligation not to enjoy the right of discrimination, so as to realize the equality of all citizens before the law.

However, to enjoy the rights under the Constitution and the law on citizenship, rules also must fulfill the obligations stipulated by constitution and law, can not be absolute understanding. The relationship between rights and obligations established by the constitution, is an important principle of law, not in any particular case the citizens must enjoy the rights and obligations. Because in the specific provisions of the Constitution and laws, the rights and obligations of citizens has certain complexity. These complexities are mainly embodied in the following aspects: one is the legal relationship between the civil and the others, citizens enjoy certain rights, we must assume the obligations shall not harm others, because the exercise of any rights and freedom must be without prejudice to the rights and freedoms of others. The two is the legal relation between citizen and state and society, citizens enjoy the rights and sometimes only national duty. For example, citizens in old age, illness or incapacity cases, have to obtain material assistance from the state and social rights, but not for get the material help and to the country and social obligations. In the legal relationship between citizens and the state, citizens sometimes should enjoy the right and obligations to the country. For example, citizens of the state organs and their staff of illegal acts, complaints, charges and prosecution rights, but shall not be fabricated or distorted the facts by false accusation duty. Sometimes the citizens do not enjoy rights but must assume the obligations of the state. For example, in the specific legal relation of the tax revenue, citizens have one-way to national tax liability. The three is in some special cases, some of the rights and responsibilities of citizenship itself are inseparable. If the employment is not only the rights of citizens, and citizens; education is the rights of citizens, and the obligations of citizenship.

 

Article thirty-fourth The people's Republic of China at the age of18Citizens under the age, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status or length of residence, have the right to vote and to be elected; however, deprived of political rights according to law except.

Interpretation. This article is about the citizen's right to vote and be elected to the provisions.

On the right to vote and to be elected,1954Provisions of the constitution is:"The people's Republic of China citizens over eighteen years of age, regardless of nationality, race, sex, occupation, social origin, religious belief, education, property status or length of residence, have the right to vote and to be elected. But with the exception of mental illness and in accordance with the law to be deprived of the right to vote and to be elected.""Women have equal rights to vote and stand for election.1975Years of the Constitution and the1978Provisions of the constitution is:"Citizens over eighteen years of age, have the right to vote and to be elected. Except in accordance with the law be deprived of the right to vote and be elected.1982Years of constitution on the right to vote and stand for election, basically recovered1954At the same time, years of constitution, and made modifications to the part of the contents: one is the"At the age of eighteen"Instead of"Eighteen years of age". The two is to"Social origin"Instead of"Family origin". The three is deleted"People with psychosis"Regulations do not have the right to vote and to be elected. Understanding of the provisions of this article shall be carried out in the following aspects:

One, the right to vote and be elected meaning

The provisions of the constitution, all state power belongs to the people. Approach the people exercise power has two, one is through the National People's Congress and local people's congresses exercise the power of be in power; the two is the people in accordance with the law, through various channels and in various forms, management of state affairs, manage economic and cultural undertakings, the management of social affairs. Among them, second ways including direct democracy, i.e. citizens directly exercise their democratic rights, management affairs. By the National People's Congress and the local people's congresses exercise of power, is indirect democracy, citizens must first elected their own representatives at all levels to the authority, the authority at all levels instead of citizens to exercise the right to be in power, while the citizens the right to vote and to be elected is to realize the indirect democracy necessary procedure.

For the right to vote and to be elected the meaning, there are two narrow and broad aspects of understanding. From the narrow sense, the so-called voting rights refers to the citizens according to their own will, in accordance with the procedures prescribed by law, direct election of county and country of two people's Congress on behalf of the rights, not including the city, autonomous prefecture of electoral districts of the deputies to the people's rights, as well as the election of other national civil servants' rights. The right to be elected is refers to the citizen in accordance with the law have been elected deputies to the people's congresses at county and township level two rights. In theory and in practice, there is a view that the narrow understanding of the provisions of the right to vote and be elected. The main reasons: one is the constitutional right to vote and stand for election should be a universal right, while in China, only the County Township two deputies to the people's Congresses is directly elected by the people, the people's congresses above city, autonomous prefecture districts of the delegates had a lower level people's Congress the General Assembly elected, belongs to the indirect election. While in the indirect elections, citizens have the provisions of the conditions, but also needs to have the National People's Congress, the next level of identity. If you think the vote including all levels of National People's Congress of the vote, the provisions of the citizen's right to vote and to be elected is not universal. Two is the need to other countries through the election of public officials elected by the people's congresses, is elected, rather than directly elected by the people, important authority belongs to the people's congresses at various levels.

In a broad sense, the so-called voting rights refers to the citizens according to their own will, in accordance with the procedures prescribed by law, election of power organs at all levels of staff and elected officials should other countries through the right to vote. The right to be elected is refers to the citizen is in accordance with the law was elected the other national officer deputies at all levels and in accordance with the law shall be through the election of the right. In this way, the citizen's right to vote and to be elected to include three aspects: one is the direct elections and was elected the county and township level two National People's Congress of the right; two is the indirect elections or by elections to be districted city, autonomous prefecture levels above the deputies to the people's rights; three is through the people's Congress the assembly election and was elected the national civil servants' rights. The provisions of this article shall the right to vote and to be elected as a generalized understanding. Because: first, the citizens the right to vote and be elected, is a very important basic political rights, is the main form of all people to be in power. Right to vote and stand for election is the core spirit of citizens according to their own wishes, choose the national civil servants who represent their exercise of power be in power, and elected public servants of the state level is not a single, it includes not only the citizens elect or be elected County Township two deputies, including citizens elected or elected a deputy to the National People's Congress at all levels above city, autonomous prefecture districts of rights, as well as elected or was elected the other national civil servants' rights. If the right to vote and to be elected only the direct election scope, means that the election of the provisions of the right to vote and be elected not constitutional and legal right and the right to be elected is all, or the right to vote and to be elected in the Constitution and the law have different meanings. Second, common to care for the right to vote and to be elected and they will be limited to the direct election of level, there is no need to. Because the rights under the Constitution and the law, is not equal to the real rights. The provisions of this article is that citizens have the right to vote and stand for election, stressed that the right to vote and be elected equality and universality, and does not show that every citizen has the right of direct election and indirect election rights, because the premise to implement the principle of equality and universal principles, concrete the exercise of the right of direct and indirect election also need to have different conditions. Third, although members above city, autonomous prefecture District People's Congress and other required by the people's Congress elected national public officials, are not caused by all citizens direct elections, but the people's Congress at different levels is its first citizen, by other public officials they indirectly elected a deputy to the National People's Congress or the same level of the election, is an ordinary citizen, just this election than the direct election of the main body scope, can not say they exercise the right to vote and stand for election is not the provisions of the right to vote and to be elected.

Two, the right to vote, the vote was characteristics

According to the provisions of this article, the citizens of the people's Republic of China, as long as eighteen years of age, has the right to vote and to be elected. The right to vote and be elected has the following characteristics: (1Have extensive sex). Anyone older than eighteen, regardless of nationality, race, sex, occupation, family background, religious belief, education, property status, length of residence, have the right to vote and to be elected. (2) with equality. Every citizen in the election, only one vote, the vote is equal effectiveness. Of course, the need to pay attention to is, due to historical and practical reasons, our country's election there exist some factors of inequality. For example, the number of rural population represented a number of the elected representatives, far less than the number of city population the same can elect. This situation actually means that effectiveness of rural voters to vote in elections and city voters voted in the election is not equal. (3For citizens to exercise their voting rights) have not only the legal protection, and material security. Law article8The provisions:"The election funds of the National People's Congress and local people's congresses, from the national treasury spending."

Three, the right to vote and be elected limit

According to the provisions of this article, the citizens to exercise the right to vote and to be elected, must have two basic conditions:

One is the condition of age. According to the constitution, our citizens to exercise their right to vote and to be elected in terms of age has two, one is ordinary citizens to exercise their right to vote and stand for election to the age of eighteen. First several constitutional provisions on voting age are"At least eighteen years old"Eighteen years old, including the Gregorian calendar eighteen, including the eighteen year old,82The constitution of the year"At the age of eighteen"Instead of"Eighteen years of age"More accurately. The so-called eighteen years of age, refers to the citizen from the date of birth to eighteenth years on the same day the chronological age. The ordinary citizens of voting age determined for eighteen years, mainly from the view of natural law and social law, eighteen years of age is the division of citizen adult boundaries and minor, to eighteen years of age, the citizen's physical and psychological already tended to be mature, have the ability to identify self behavior. Another is the special duty to have special restrictions on age. For example, article79The provisions:"Have the right to vote and the citizens of the people's Republic of China to be elected by over forty-five years of age can be elected as vice chairman, chairman of the people's Republic of china."Vice president, is an important symbol of national, citizens must have rich experience and high social prestige, can hold the post, and have rich experience and high social prestige, it must reach a certain age. Not only is the president, vice president, in practice, citizens must by elected to some other important positions, not up to a certain age and experience, it is almost impossible.

Two is the political rights conditions. The right to vote and to be elected is an important civil and political rights. According to the provisions of this article, deprived of political rights according to law, shall have the right to vote and to be elected. Deprived of political rights according to law, refers to the people's court according to the provisions of our criminal law, to a criminal sentenced to deprivation of political rights penalty, including the crime of endangering national security, the criminals that seriously undermine social order and the other was deprived of political rights for criminals. According to the provisions of the criminal law, deprivation of political rights include: (1) the right to vote and be elected (2) the citizens shall enjoy freedom of speech, press, assembly, association, parade, demonstration of the right to freedom (3) to hold a position in state organs (right4As a State-Owned Company, enterprise), institution or people's organization right.

In addition, to vote and to stop exercising and not make the situation. According to the1983Provisions "direct election of the Standing Committee of the National People's Congress on below the county level people's Congress Several Provisions", for involvement in counterrevolutionary cases or in other serious criminal cases in custody, are subject to investigation, prosecution, trial of the people, by the people's Procuratorate or by decision of a people's court, in the period of detention cease to exercise their voting rights. Among them, the following persons shall be allowed to exercise their voting rights: (1) were sentenced to prison, detention, control and no additional deprivation of political rights; (2) in custody, are subject to investigation, prosecution, trial, the people's Procuratorate or the people's court has not decided to stop exercising their voting rights (the3) is being released on bail pending trial or under residential surveillance (4) is being re education through labor (5) are being punished by detention.

1983Year "direct election of the Standing Committee of the National People's Congress on below the county level people's Congress" also stipulates some provisions:"Not psychotic patients to exercise their voting rights, the election commission confirmed, not the right to vote.1954Years of constitution will have a mentally ill person and deprived of political rights for people to put together, for the exercise of the right to vote and be elected exceptions, is not appropriate. Because psychiatric patients and persons deprived of political rights is an important difference in exercising their right to vote, psychiatric patients have the right to vote, because can not distinguish their awareness and behavior can not exercise their voting rights, and persons deprived of political rights is not right to vote. Therefore1982This year the constitution was amended.

 

Article thirty-fifth Citizens of the people's Republic of China, published speech, assembly, association, parade, demonstration of freedom.

Interpretation. This article is about the importance of political rights of citizens.

Speech, publication, assembly, association, parade, demonstration for freedom is an important political rights of citizens, also known as the freedom of expression. For the citizens of speech, press, assembly, association, parade, demonstration of freedom,1954Provisions of the constitution is:"Citizens enjoy freedom of speech, press, assembly, association, parade, demonstration of freedom. To facilitate national supply necessary material, to ensure that citizens enjoy the freedom.1975Provisions of the constitution is:"Citizens enjoy freedom of speech, press, assembly, association, communication, parade, demonstration, the freedom to strike"."Da Ming, large discharge, debate, posters, is a new form of the creation of masses of socialist revolution. The state security of the people to use this form.......1978Provisions of the constitution is:"Citizens enjoy freedom of speech, press, assembly, association, communication, parade, demonstration, the freedom to strike. The use of'Da Ming, large discharge, the great debate, the big character Poster'Right."

The provisions of this article compared with the previous constitution several changes: one is deleted1975Years of the Constitution and the1978For years in the Constitution"Da Ming, large discharge, the great debate, the big character Poster"Regulations, because very"The left"Thinking of the impact, the so-called"Da Ming, large discharge, the great debate, the big character Poster"Is the product of ten years of turmoil, has greatly undermined the socialist democracy and the socialist legal system, undermine the stability and unity of the country, has not meet the needs of socialist democracy and legal system construction in the new period. The two is deleted1975Years of the Constitution and the1978Provisions relating to strike free years constitution. The main consideration is, the strike is the old social workers to deal with the capitalists, resistance to oppression, against exploitation means. Under the socialist system, workers are the masters of the country, interests and national workers' interests is consistent, if the strike, will only hurt the interests of the state and the workers themselves, often affect the normal life and the social stability and people's. The main purpose of the strike is deal with the bureaucracy, but the constitution has stipulated, citizens have the criticism, suggestions, complaints, charges and prosecution rights for state organs and their staff, with these rights can deal with the bureaucracy, therefore, no need to stipulate the method. Of course, the Constitution does not stipulate the freedom, only that the strike was not as a basic right of citizens, not protected by the national law, does not indicate that the strike is a crime, for the strike should be concrete analysis of concrete problems. Three is the content mainly recovered1954The provisions in constitution, but at the same time, the1954For years in the Constitution"To facilitate national supply necessary material, to ensure that citizens enjoy the freedom"The content, and no further provisions. This is mainly take into consideration of the country's social and economic conditions are still very limited, requires the state to exercise the provisions of this article to the citizens of every right to provide material guarantee, in practice not to do, to do not do the Constitution can not make provisions. But the Constitution does not state provisions provide material guarantee, not to say that the state can not give security, with the development of economy and society, the state should provide material guarantee for citizens to exercise these rights and freedoms.

A, freedom of speech

Freedom of speech means that the citizens enjoy according to the constitution of expressing their thoughts and opinions or other means through the language of freedom. Freedom of speech includes verbal freedom of expression, including freedom of expression in writing. On the right of free speech can be understood from two broad and narrow. Generalized freedom of expression including the freedom of political speech, commercial free speech, freedom of speech, freedom of expression in art and religion, freedom of speech and so on. The narrow sense of freedom of speech is usually understood as the freedom of political speech. The provisions of the freedom of speech is the freedom of speech, including not only the freedom of political speech, also includes other aspects of freedom of speech. One of the provisions of the freedom of speech merely to civil and political rights, is not comprehensive. But also need to pay attention to, in the generalized freedom, political freedom of speech is the most important free speech, is also the basis of achieving other freedom of speech, freedom of political speech can not guarantee freedom of speech, the other is difficult to fully realize. In practice, the legal protection to the different nature of the freedom of speech should also be differentiated. For example, for political speech, should be given the highest protection, because the political freedom of speech is a prerequisite for the people to exercise their democratic rights, but also one of the most important symbol of democratic society; and for commercial free speech, the freedom of speech system in place, protected by constitution and law degree it should be greatly reduced.

The main characteristics of the freedom of speech is: first, in the same environment, the same event, everyone has an equal right to speak, if have the privilege to exist in his speech, means the freedom of speech. Second, the content of the civil speech published, as long as it does not exceed the scope of law, not subject to any illegal interference. Of course, free speech is not absolute, different countries have some restrictions on freedom of speech. In our country, the necessary restriction of citizens' freedom of speech but also by the law, the relevant provisions from general principles of criminal law and civil law point of view, this restriction is mainly: may not use the free seditious speech and government subversion, endangering public security and social order; shall not use freedom of speech to his people insult and defamation; may not use the free speech violations the privacy of others; not use freedom of speech advocating obscenity, abetting crime method; shall not use the freedom of speech and interfere with the normal judicial activities; may not use the free speech of leaking state secrets. In practice, the freedom of speech in addition to subject to legal constraints, but also by the social morality, by the discipline party and other constraints, but all the constraints of the freedom of speech the final standards, should be based on law. In the freedom of speech, China is currently no specific laws, such as the news law.

Two, the freedom of the press

Liberty means that citizens enjoy the constitutional expression of various views and free other means through a variety of publications. The freedom of the press includes two parts:

A citizen is published by published in publications or publications, direct expression of ideas. Free the sense of publishing is a kind of freedom of speech, is a kind of expression in written form of freedom of speech and freedom of speech, so are often combined, known as the freedom of speech and of the press. According to the provisions of copyright law, the citizen to publishing exhibited works mainly includes: writings; oral works; music, drama, opera, dance, acrobatic works; art, architectural works; the film and film production in a similar way works; engineering design, product design, map, sketches and other graphic works and model works; computer software; other works, the provisions of the laws, administrative rules and regulations. Protection of all these forms of publication are subject to copyright law.

Of course, the right to a free press must also be restricted by law. For the freedom of the press in our country at present has not formulated the special law. According to the provisions of the State Council administrative regulations "regulation on the administration of publication", free Chinese publishing subjected to the following constraints: against the basic principles of the constitution; endanger national unity, sovereignty and territorial integrity; endanger national security, honor and interests; inciting ethnic division, against the minority customs, undermining national unity; revealing state secrets; obscene, superstition or violence, harm the social morality and the excellent tradition of national culture; insult and slander others; other contents prohibited by law, regulations.

The freedom of the press should also be a part of contents is, citizens have set up publishing agencies, produced or published publications free. The meaning of the freedom of the press is the extension of a sense of freedom of the press, freedom of the press is to achieve a sense of. According to the "Regulations" management of publishing, publishing units in China, need to meet the following conditions: a name, articles of association of the publishing entity; a sponsor comply with the State Council administrative departments published and the necessary authority at the next higher level; there are definite scope of business30The registered capital of million or above; have a fixed place to work; to adapt to the needs of the business scope of the organization and editing to conform to the qualifications of publishing professionals. In addition, the establishment of a publishing entity shall also meet the publishing unit, total amount, structure and layout planning.

Three, the freedom of Association

Freedom of association refers to the citizens for a common purpose, in accordance with the procedures prescribed by law, form a social organization, social group activities. The freedom of association is to promote the democratic society must be communication and exchanges between people, but also the citizen opinion, an important way to exercise the rights of be in power. Association can be divided into for-profit organizations and non-profit for the purpose of association. For the purpose of profit of the company, such as chambers of Commerce Association, to be adjusted by the civil and commercial laws. No objective association is divided into political association and non political association for profit. Political association is the main organization of Party and other political groups; non political association including various academic groups, charitable organizations, religious groups. For all the different types of usually make a special law to regulate. China currently has not formulated the special law association.

In order to ensure the freedom of association, to protect society's legitimate rights and interests, strengthen the administration of registration of social organizations, promoting socialist material civilization and spiritual civilization construction, the State Council formulated the special administrative regulations "Regulations on the registration and administration of social organizations". According to the provisions of this Ordinance, the social group is a voluntary Chinese refers to citizens, in order to achieve a common intention of member, in accordance with the non-profit social organizations of its articles of association activities. The social organizations shall have the qualifications of a legal person. The establishment of social groups, shall be approved by the unit to review its business executives agreed and registration, supervision and administration of social organizations accept the double registration organ and the competent business unit. In practice, social organizations registration unit is the people's Government of the civil affairs department. However, there are three types of social organizations registration establishment the limit: one is to China people's Political Consultative Conference of people's organizations; two is approved by the organization staffing administration department of the State Council, and with the approval of the State Council from registration groups; three organs, organizations, enterprises and institutions internal via this unit approved the establishment, within the activities in this unit group.

The social organizations registration management provisions of article5The provisions:"The state protects the social groups in accordance with the law, regulations and its articles of association activities, any organization or individual shall illegally interfere."But the freedom of association is subject to certain restrictions, the social organizations registration management provisions of article4On this limit explicitly lists, i.e.:"Social organizations must abide by the constitution, laws, regulations and policies of the state, shall not oppose the basic principles of the constitution, shall not endanger national unity, security and national solidarity, and may not damage the national interests, public interests and the legitimate rights and interests of other organizations and citizens, not be contrary to the social morality."

Freedom of association and a union problems. The United Nations Economic, social and cultural rights, the International Convention8The provisions,"Everyone has the right to organize and participate in his chosen trade unions, to promote and protect his economic and social interests; this right only by Union regulations limit.""The trade union has the right to set up a nationwide association or federation, have the right to organize or participate in the international labor organization."The Chinese government has ratified the international convention of the United Nations Economic, social and cultural rights, but also on the unions make a reservation according to the provisions of domestic legislation. According to China's trade union law, the trade union is a mass organization formed by the staff and workers of the working class; the establishment of a unified China Federation of trade unions; the all China Federation of trade unions and the trade union organization representing the interests of employees, safeguard the legitimate rights and interests; the ACFTU principle according to the independence, equality, mutual respect, mutual non interference in internal affairs, improve the relations of friendly cooperation with other countries in trade union organizations.

Four, assembly, parade, demonstration for freedom

Freedom of assembly refers to the citizens for a certain purpose, in accordance with the procedures prescribed by law, set in the open places opinion, expression of the will of freedom. The main difference between freedom of assembly and freedom of association, the former is unspecific majority in a certain place to gather and short time to discuss the problem of free, while the latter is the majority of people a long time to determine the relative form groups for the common will and purpose of activity since the. Freedom of procession refers to the citizens in accordance with the procedures prescribed by law, have the right to express their common aspirations paraded in public place in the open air, free public road. Demonstration for freedom refers to the procedures of citizens in accordance with the law of public place in the open air or public roads to rally, parade, meditation, expression, protest or supporting common freedom of will. Assembly, parade, demonstration is citizens to express their wish more drastic way to peaceful means is very important in a democratic society, the rights and freedoms. In daily life, entertainment, sports activities, normal religious activities, folk custom and traditional, not the meaning of the constitution said assembly, parade, demonstration.

At present, China has developed a "demonstration law", on civic assembly, parade, demonstration application and licensing meaning, assembly, parade, demonstration of the licensing program, a program and legal liability provisions. According to the provisions of this law, citizens to exercise the rally, parade, demonstration of the rights, the people's governments at various levels shall guarantee. At the same time, the citizen in the exercise of collective will, parade, demonstration of right, must abide by the Constitution and the laws, shall not oppose the cardinal principles specified in the constitution, must not harm national, social, collective interests or the lawful freedoms and rights of other citizens. The law also stipulates, assembly, parade, demonstration shall be held in a peaceful manner, are not allowed to carry weapons, knives and explosives, not to use violence or incite violence.

 

Article thirty-sixth Citizens of the people's Republic of China enjoy freedom of religious belief.

Any state organ, social organization or individual may compel citizens to believe or not to believe in a religion, citizens shall not be discriminated against religious and non religious citizens.

The state protects normal religious activities. No one may disrupt public order, impair the health of citizens, or interfere with the educational system of the state of the religious activities.

Dominant religious bodies and religious affairs are not subject to any foreign forces.

Interpretation. This article is about the citizens have the freedom of religious belief.

Religion is peculiar to mankind by theistic dominant phenomenon, its main characteristic is to believe in and worship of superhuman strength, such as God, the buddha. Support religious concept is the theory of the immortality of the soul, creationism, heaven and hell on the retribution of good and evil, such as the four major concepts. Religious belief is the main content of three aspects: one is the heart of faith, including superhuman strength between faith and special feelings about religion; two is the religious behavior, including worship, prayer and religious ceremonies; three are religious societies, including the establishment of religious bodies and religious activities.

On the freedom of religious belief,1954Provisions of the constitution is:"Citizens of the people's Republic of China have the freedom of religious belief.1975Years of the Constitution and the1978Provisions of the constitution is, citizen"A religious belief and freedom not to believe in religion, the freedom to propagate atheism."The provisions of this article is on the relevant provisions of the previous constitution amendment to summarize. This rule has the following characteristics: one is to delete the two constitution"Do not believe in religion"Free content, because as long as stipulates that citizens have freedom of religious belief, including citizens have no freedom of religious belief content. Two is to delete the relevant"The freedom to propagate atheism"The content, because of the freedom of religious belief, already contains the freedom to propagate atheism. The three is to increase a paragraph:"Any state organ, social organization or individual may compel citizens to believe or not to believe in a religion, citizens shall not be discriminated against religious and non religious citizens."Because in the revision of the constitution, some opinion,1954Provisions of constitution can be misleading, that the citizens do not believe in religion is free, but by the external force to compel citizens to believe in religion and freedom. Therefore, in this article to another special Constitution clearly stipulated in paragraph two shall not be forced or compulsory religion without religion. The four is to increase the provisions of article3Paragraph and article4Paragraph, i.e.:"The state protects normal religious activities. No one may disrupt public order, impair the health of citizens, or interfere with the educational system of the state of the religious activities.""Dominant religious bodies and religious affairs are not subject to any foreign forces."Increase the provisions of article3Section, mainly because there are some use of religion to engage in activities of feudal superstition, damage the health of the citizens, harm the normal education system, or even commit crimes. To increase the4Paragraph, the main goal is to prevent some foreign religious groups in Chinese religious activities, to intervene in the domestic religious affairs. Foreign religious organizations and religious groups in China can be carried out friendly exchanges, but shall not interfere in the internal affairs of religion in china.

So, according to the provisions of this article, our country citizen's freedom of religious belief includes the following meanings: (1) citizens enjoy the freedom of religious belief, also has not the right to freedom of religious belief (2The letter a) citizens have the freedom of religion, but also have the letter another religious freedom (3) citizens religious now past the freedom not to believe in religion, have in the past not religious now religious freedom (4) in the same religious citizens believe this sect of the free, also believe that religious freedom (5) citizens to participate in religious ceremonies of freedom, are not attending religious freedom.

China's religious policies include the following three aspects: first, forced not to religious freedom. Any state organ, social organization or individual may use the political, economic, legal, administrative or other means, compel citizens to believe or not to believe in a religion; it shall not in any form, including the thoughts and feelings, economic benefits and other ways, the discrimination of religious belief of citizens and non religious citizens. Second, the state protects normal religious activities. There is a belief in religious activities, organized, orderly activities. Normal religious activities refers to religious people in the religious occupation personnel organization, which carried out in accordance with the religious activities. Normal religious activities are protected by the state. However, no one may disrupt public order, impair the health of citizens, or interfere with the educational system of the state of the religious activities. Third, stand on one's own religion. China's religious affairs and attachment in membership, not dependent on the economic organization and other forms of foreign religious place, does not allow foreign missionaries to Chinese missionary, also does not allow foreign religious forces or other political forces, on China's religious bodies and religious affairs of intervention and control.

Understanding of the provisions of the freedom of religious belief also need to pay attention to several issues: one is about the relation between religion and politics, education. According to the provisions of this article, the relationship between religion and education, religious activities shall not interfere with the educational system of the state. Religious groups can hold its own religious schools, however, shall not interfere with national normal education and teaching activities of religious schools. The relationship between politics and religion is more complex, the medieval religious reform in Europe in the operation had proposed the political slogans of separation of church and state. But our country does not exist and regardless of the circumstances, do not advocate the separation of church and state slogan. In practice, our country's religious often engaged in patriotic activities, is itself a political significance. Members of the CPPCC members or many religious people or authority in accordance with the provisions of law, their participating in the exercise of state power, political participation. Therefore, the separation of church and state slogan is not suitable for our country. Two is the religion and feudal superstition activity problem. Feudal superstition is China's historical legacy of unique negative social phenomenon, and there are great differences between the religious activities, does not belong to the scope of constitutional protection. But as the feudal superstition activity situation is more complex, not easy to distinguish the boundaries, and gradually abolish feudal superstition should mainly from economic development, and constantly improve the people's cultural level to begin, only depending on the law shall be banned and prohibited, there are practical difficulties, so the Constitution did not make provisions on the activities of feudal superstition. But the Constitution does not prohibit the superstitious activities, does not mean that the superstition is protected by law. According to the relevant provisions of the criminal law, shall bear criminal responsibility by the activities of feudal superstition criminal action. Three is the religion and cult. Cult activities do not belong to the normal religious activities, does not belong to the provisions of the scope of the freedom of religious belief. The fundamental difference between cult and religion is, the cult is anti human, anti social, anti state, anti - government for the purpose, a few years ago by Li Hongzhi manipulation is prevalent in some area of our country the Falun Gong, is typical of the cult. For the cult, the state should be resolutely banned, and illegal crime the cult of the act shall be investigated for criminal responsibility. Therefore, the NPC Standing Committee specially made about punishing cult decisions.

 

Article thirty-seventh Citizens of the people's Republic of China enjoy freedom.

Any citizen, except with the approval or by decision of a people's Procuratorate or by decision of a people's court, and executed by the public security organ, shall not be liable to arrest.

Unlawful detention or deprivation or restriction of citizens in other illegal ways of personal freedom, unlawful search of the body of citizens.

Interpretation. This article is about the personal freedom of citizens are not violated.

Freedom of the person is a citizen's important rights and freedom, is the premise and foundation of all citizens to exercise other rights and freedoms. The right of personal liberty as a constitutional right, is established on the bourgeoisie against the feudal personal attachment and slavery in the struggle. The earliest establishment of personal rights of citizens is the British1215Years of "Great Charter of liberty". It stipulates that any free people in addition to the local nobility the lawful judgment, or by their legal judgment, shall not be arrested, imprisoned or the exile, or be hurt. USA constitution is becoming a master hand protection of personal freedom of the person. From the provisions of the constitution, the protection of personal freedom has two main aspects: one is banned personal servitude. Such as France's "Declaration of human rights" provisions:"No one should be enslaved. Must be abolished all forms of slavery and the slave trade."Two is the restriction and deprivation of citizens' freedom of the person must be legal procedure. Our constitution core on the protection of the personal freedom of a citizen, is the restriction and deprivation of citizens' freedom of the person shall comply with the conditions and procedures as prescribed by law.

Personal freedom is divided into the narrow and broad sense. The narrow sense of personal freedom refers only to the body freedom. Generalized freedom of person in addition to the body outside also includes freedom, human dignity is not violated, inviolability of the residence, freedom of movement, the freedom and privacy of correspondence shall be protected by law. The provisions of this article's personal freedom is the narrow sense of personal freedom, also known as the freedom of body, refers to the citizens against unlawful arrest, detention, search and not illegal deprivation and restriction of personal freedom of citizens. The personality rights of citizens are not violated, residential inviolability, communication freedom and communication secret protected by the law, the freedom of the person of broad content, the Constitution in the later made respectively specified. The Constitution and the law to confirm and safeguard citizen's personal freedom shall be inviolable, to guarantee the rights of citizens, maintain public order, the rule of law, all has the vital significance

On the personal freedom of the problem,1954Provisions of the constitution is:"Citizens of the people's Republic of China enjoy freedom. Any citizen, not by decision of a people's court or the people's Procuratorate approved the arrest, without.1975Provisions of the constitution is:"The citizens' personal freedom and inviolability of the residence. Any citizen, not by decision of a people's court or the public security organ for approval, shall not be liable to arrest.1978Provisions of the constitution is:"The citizens' personal freedom and inviolability of the residence. Any citizen, non approved by decision of a people's court or the people's Procuratorate and executed by the public security organ, shall not be liable to arrest."In view of the painful lessons of ten years of turmoil, in order to effectively protect the personal freedom of citizens, in1982Years before the revision of the constitution, the state amended respectively and formulated the "Regulations" arrest and detention, "criminal law", "Criminal Procedure Law", "administrative penalties for public security" and other laws, made detailed provisions on the conditions and procedures for the public security and judicial organs of restrictions and deprivation of the personal freedom of a citizen.1982To confirm the provisions of the previous constitution concerning the protection of the personal freedom of a citizen, the protection of the personal freedom of a citizen of a series of laws and principles previously developed in the form of constitution. This article basically recovered1954At the same time, the constitution of the year, compared with the previous constitution, and made some new rules: one is important to further clarify the arrest citizens of the public prosecutor, three organs of the mutual restriction program, increase in provisions, the approval of a people's Procuratorate or by decision of a people's court, the arrest of the implementation of the right to belong to the public security organ. The two is cancelled1975In the constitution of the public security organs have the right to approve arrest citizens decide. Three is the citizen of the inviolability of the residence is separated from the personal freedom and inviolability of the provisions, to be provided in order to separate terms. The four is to increase the provision, unlawful detention and deprivation otherwise unlawful or restriction of citizens' freedom of the person, against unlawful search of the person of citizens. 　

According to the provisions of this article, the protection of the constitution of our country on the personal freedom of a citizen includes two aspects:

First, the arrest must be legal authority and procedures for citizens. The arrest, is in criminal proceedings, in order to ensure the investigation and trial work smoothly, the statutory authority for approval or decision and executed by specialized agencies, compulsory measures to restrict personal freedom of suspects, defendants in a given period of time. Limit the compulsory measures of personal freedom of citizens arrest is most severe in criminal proceedings. According to the provisions of the criminal procedure law, the conditions of arrest is: to have evidence to prove the facts of the crime, may be sentenced penalty above criminal suspects, defendants, take bail, residential surveillance methods, is still not enough to prevent the occurrence of danger to society, and the arrest of the necessary, shall be immediately arrested according to law; to be the arrest of the suspect, the defendant, if suffering from the serious disease, or are pregnant, lactating women, can take bail or residential surveillance method. The main procedure is: (arrest1The arrest of a criminal suspect, the defendant), must be approved by a people's Procuratorate or by decision of a people's court, shall be executed by a public security organ. In the criminal procedure, only the people's Procuratorate has the right to decide whether to approve the arrest of a criminal suspect cases by public security organs; the people's Procuratorate investigation of their own, if it deems it necessary to arrest, it also can be decided to arrest; the people's court in the process of hearing a case, or in cases of private prosecution, if it deems it necessary to arrest a criminal suspect, also can make the arrest of the suspect; arrest, can only be executed by a public security organ. (2) the requirements of the public security organs to arrest a criminal suspect, it shall submit a written request for approval of arrest, together with the case file and evidence, to the people's Procuratorate, together with the examination and approval. When necessary, the people's Procuratorate may send people to participate in the public security organ's discussion of a major case. (3) when a public security organ to arrest people, must produce an arrest warrant. After the arrest, in addition to hinder the investigation or not notice, should put the reasons and detain arrested the premises, within twenty-four hours to inform the family of the arrested person or the unit to which he belongs. (4The people's courts, the people's Procuratorate) for their decision to arrest the person, the public security organ for approval of arrest people's Procuratorate of the people, must be questioned within twenty-four hours after the arrest. The discovery should not arrested, must immediately release, issued a release certificate. According to the relevant provisions of the criminal procedure law, arrest only in criminal proceedings on the citizens, which shall be investigated for criminal procedure. The arrest of the suspect, the defendant is a very serious criminal compulsory measures, must comply with the legal conditions and procedures.

Second, on the personal freedom of a citizen deprivation and restrictions must be carried out according to law, which shall be carried out in accordance with legal conditions and procedures. The provisions of this article is a summary of ten years of turmoil at the illegal detention of a person, the personal freedom of citizens not to protect and make profound lessons. In addition to the arrest, punishment and enforcement measures of deprivation and restriction of citizens in the criminal procedure of personal freedom, including based on criminal law to criminals sentenced to prison, according to the law of criminal procedure the crime suspect, accused person to take coercive measures of detention, bail, residential surveillance, detention etc.. In civil litigation and administrative litigation, for the destruction of litigation proceedings, judicial organs can also according to the law of judicial detention. In the administration, the public security organ may also be in accordance with the regulations on administrative penalties for public security and other laws impose administrative detention and other restriction of personal freedom punishment for illegal behavior. Of note, the provisions prohibiting"Illegal"Deprivation and restriction of personal freedom of citizens, not only refers to must be in accordance with legal conditions and procedures, to restrict and deprive the personal freedom of citizens, but also refers to the personal freedom of a citizen of restrictions and deprivation conditions and procedures can only"Statutory". This"Statutory"Refers to"The law"That is, only the law could restrictions and deprivation of personal liberty in the conditions and procedures. According to the provisions of the legislation law, mandatory measures and penalties restricting the personal freedom of a citizen, exclusive legislative authority belongs to the NPC and its Standing Committee, which can only make the law, but also for the exclusive legislative power of the NPC and its Standing Committee shall authorize the State Council administrative regulations, and shall not authorize the local people's Congress and its Standing Committee have formulated local regulations.

The prohibition of illegal deprivation and restriction of personal freedom of citizens, this article also stipulated the illegal detention of way. In practice, the most common way for illegal deprivation and restriction of personal freedom of citizens is the illegal detention. The so-called illegal detention, is deliberately to illegal detention, detention, detention, forced isolation review body of citizens, the personal freedom of a citizen behavior. Criminal liability for illegal detention, criminal law238A clearly defined: illegal detention of a person, is less than three years imprisonment, criminal detention, control or deprivation of political rights. Having beaten, insult the plot, he shall be given a heavier punishment.

Third, the citizen body search, also must be legal authority and procedure. At present, the criminal procedure law has made specific provisions for the conditions and procedures for search of a citizen body, not according to the law, any organization or individual shall be allowed to search a citizen body. According to the provisions of this law, the citizen body search must follow the following procedure: (1) only to collect evidence of a crime, the crime suspect, the investigators to may conceal evidence of human body search. (2Search), must be shown to the person to be searched search warrant, only in emergency situations can not warrant. (3) in search of time, should be searched or his family members, his neighbours or other witnesses. (4) search should be written transcripts, the person to be searched or his family members, his neighbours or other witnesses shall affix their signatures or seals. If the person to be searched or his family members have become fugitives or refuse to sign, seal, it shall be indicated in the notes. Unlawful search of the body of citizens, is a crime. According to criminal law article245The provisions of article, unlawful search of the body of others, is less than three years imprisonment or criminal detention, judicial staff committed the crime of breach of privilege, to be given a heavier punishment.

 

Article thirty-eighth The personal dignity of citizens of the people's Republic of China are not violated. Prohibition of civil insult, slander and false accusation by any means.

Interpretation. This article is about the personal dignity of citizens are not violated.

The problem for the personal dignity of citizens is protected, the previous Constitution did not make provisions. During the ten years of turmoil, all kinds of intervention, parade him through, size of the word report blots out the sky, broad cadre masses were cruelly persecuted, personality dignity no guarantee.1982The summary of this lesson of history, made provision for the protection of human dignity of citizens.

The so-called human dignity is not violated also refers to the personal rights of citizens are not violated. Personality rights are legal rights and obligations as main body qualification, minimum qualification is life. The right of personality has broad and narrow sense. General personality rights including the right of citizens to life, the right to health, the body right, name right, portrait right, reputation right, reputation right, privacy right and so on; the narrow sense refers to the right of reputation right of personality of citizens. For the provisions of the personal rights for generalized understanding. At present, the right of the legal system has been basically established. According to the provisions of the general principles of the civil law and other laws, personal right includes the right of life and health, right of name, right of reputation, the right of honor, the right of portrait, marital autonomy. Such as "general principles of civil law" article98The provisions:"Citizens enjoy the rights of life and health."Article99The provisions:"Citizens have the right to name, have the right to decide, and legally change his name, forbid others interference, counterfeiting, embezzlement."Article100The provisions:"Citizens shall enjoy the right of portrait, without consent, not to the use of a citizen's portrait for profit."Article101The provisions:"Citizens, legal persons shall enjoy the right of reputation, the personal dignity of citizens are protected by law, prohibit the use of insult, libel or other means to damage the reputation of citizens, legal persons."Article102The provisions:"Citizens, legal persons shall enjoy the right of honour, prohibited to unlawfully divest citizens, legal persons of the honorary title."

So-called"Dignity", refers to a person's pride would not hurt, personal value is not diminished rights. Human dignity is not violated, is one of the basic conditions of life, a symbol of the progress of social civilization is.

So-called"Insult"Refers to the use of violence or other means, to belittle others personality, damage the reputation of others behavior. This behavior usually includes two kinds of situations, one is an insult to others with violence and other compulsory method; two is a verbal or written in public or publicly to insult others."Flagrant"Refers to insult others in public or in other situations that makes many people.

So-called"Slander"Refers to intentionally fabricated and spread false facts, out of thin air, harm the dignity of behavior.

So-called"False accusation"Refers to a citizen to set up objective, by fabricating false facts, by oral, written, signed or anonymous way, to the relevant organ or unit to make false report behavior.

Insult, libel, false accusation is an invasion of the personal dignity of citizens of behavior, is prohibited by the Constitution and the law. In addition to the general principles of the civil law of the tort of civil liability provisions, the criminal law of our country also respectively specified the insult, libel, false accusation, criminal legal responsibility to implement these acts of infringement shall bear. The criminal law article246The provisions:"With violence or other methods, openly insulting others or fabricating facts to slander others, if the circumstances are serious, is less than three years imprisonment, criminal detention, control or deprivation of political rights."Article243The provisions:"Fabricating facts to frame others or intention, make the person subject to criminal investigation, if the circumstances are serious, is less than three years imprisonment, criminal detention or control; causing serious consequences, at three to ten years in prison.""Commits the crime in the preceding paragraph, shall be given a heavier punishment."

 

Article thirty-ninth Citizens of the people's Republic of China are not violated residential. To illegally search or invade citizens prohibit residential.

Interpretation. This article is about the citizen's housing rights are not violated.

Citizens of the inviolability of the residence are prescribed in the preceding few constitution. This article summarizes ten years of turmoil in invading citizen dwelling house, the implementation of raid, struggled with serious violations of the rights of citizens behavior lessons, while retaining the first several provisions of the constitution, further stipulates, illegally search or invade citizens prohibit residential.

Residential refers to the citizens living and fixed place of residence, the main storage is also the personal property of citizens, is the main condition for citizens to survive. In western countries, housing is called man's castle. To illegally search or invade citizen's home is prohibited, is the national security practices of human rights. The actual housing is extended, the personal freedom of a citizen at the same time, and the property rights of citizens, the right to rest, right of privacy and human dignity is closely related to. The Universal Declaration of human rights article12The provisions:"No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence"Description, residential and private life, family and communication are closely related.

The scope of civil residence includes not only the private housing, including residential fixed site dormitory, hotel, office and so on; not only includes the internal structure of residential premises, shall also include the external structure of the building to infringe citizen's private life place, apparatus etc.. For example, installation or monitor for eavesdropping or into the private life of citizens is a part of the housing eavesdropping outside, belong to violate the civil residence.

In order to guarantee the citizen's housing rights are not violated, specified in this article, to illegally search or invade citizens prohibit residential. This includes the following meanings: first, the citizen dwelling house searches and invasion to the conditions and procedures in accordance with the law, administrative regulations or local regulations may make provision for the search or invade the conditions and procedures of civil residence. Second, it is prohibited to illegally search a citizen's residence, is mainly to the public power. The citizen's house search is an important criminal investigation method. The criminal procedure law article109Regulation of citizen's housing search conditions, i.e."In order to collect evidence of the crime, the crime, the criminal suspect and the investigators may might be hiding a criminal or criminal evidence, the human body, articles, residence and other relevant places."The criminal procedure law also provides for the citizen's housing search procedures, namely: search, must be shown to the person to be searched in the search warrant; when, should be searched or his family members, his neighbours or other witnesses; search should be written transcripts, were searched by the investigators and the or his family members, his neighbours or other witnesses signature, stamp. Not in conformity with the provisions of the criminal procedure law of the conditions and procedures, any person, any organ or organization may to citizen searched homes. Third, banned the housebreaking. The so-called housebreaking, refers to the staff non judicial organs not according to the law has entered the residential, or without the owner's consent house breaking behavior. China's criminal law article245The housebreaking acts as a crime, and the provisions of the corresponding criminal penalties.

 

Article fortieth The freedom and privacy of correspondence of citizens of the people's Republic of China shall be protected by law. Except for the needs of state security or of criminal investigation, inspection of communication by the public security organ or the procuratorial organs in accordance with legal procedures, no organization or individual may, for any reason, violations of freedom and privacy of correspondence of citizens.

Interpretation. This article is the freedom and privacy of correspondence concerning citizens protected provisions.

Meaning, freedom and privacy of correspondence

The freedom of communication refers to the citizens through letters, telephone, telex, fax, e-mail, independent of communication freedom and others. Communication secret means for the citizens, and others call letters, telegrams, e-mail and other concerns, any person, any organization or unit has no right to intervene, no peeking, concealing, altering, abandoned ruin, seizure, confiscated, disclose or eavesdropping. Freedom and privacy of correspondence mutual connection, inseparable, are often called secret communication freedom. Only the communication freedom, privacy of communication can not be protected, the communication freedom can not be achieved. If only the right of communication privacy and freedom of communication, lack of protection, communication secret has no meaning. Of course, communication freedom and communication secret also have some differences, mainly is the freedom of communication is emphasized communication rights protected by the law, more belong to the category of freedom of expression; communication secret is emphasized communication content without interference, more belong to the category of the right of privacy.

Freedom and privacy of correspondence is an important constitutional right of citizens, the core is to protect the privacy of citizens. All the freedom and privacy of correspondence is an important constitutional right to be protected, perhaps because the rights and freedom belongs to two or more people to exchange views, with a secret way, without allowing any infringement of freedom. Modern social situation is very complex, for the sake of human to achieve the purpose of successful life, with like-minded persons were seeking, not many can not let out the secret, if in exchange secret, infringement by others, and exposure to the world, the influence of personal life will be bad. Visible, the citizen freedom of mental activities, the privacy of citizens, for the other rights and freedoms of citizens to realize, for the realization of man's development, has the extremely vital significance. No mental freedom, no privacy, the actual amounts to all the activities of the human always in said of peaceful times. under, the freedom and dignity of man does not exist, and the freedom and privacy of correspondence is an important barrier to protect the civic spirit of freedom and privacy. The article on civil liberties and privacy of communication rules, and its basic purpose is through the protection of spiritual freedom and privacy of citizens, in order to safeguard the dignity and freedom, further the realization of other rights and freedom of citizens, promoting people's own development.

The secret to communication freedom and communication, should be emphasized is the secret meaning of communication. According to the provisions of this article, on the understanding of communication secret should be from the following several aspects: one is the subject enjoys the right of communication privacy, should belong to the individual citizens, not including the relevant units, organizations. Communication of the provisions of this secret to protect personal privacy rights, secret communication relevant units or organizations belong to the state secrets or commercial secrets. The two is to protect the secrecy of communication information, including citizens in communications, in accordance with the law shall not undisclosed information disclosure, including the already open but shall be protected by law and the information is not public. The three is the range of secret communication, including not only the content of the communication, also including related communication content data. Communication including postal and telecommunications in two ways. Among them, the range of postal communication secret, including not only the letters content, including postal code, and letters of the sender, recipient, the communication address and other information. The range of telecommunication secret, not only including the telegraph, telephone, pager, e-mail content, also include the caller number, associated with the communication communication called number, contact time, number of calls, call location data.

Two, the secret of the freedom of communication and Communications Limited

Restrictions on the freedom and privacy of correspondence to understand from the following aspects:

1Restricting communication freedom and communication secret reason. Restricting communication freedom and communication secret reasons usually have two, namely the criminal crime as well as the need to protect national security needs. This is the common practice of other countries. According to the provisions of this article, freedom and privacy of correspondence of citizens only in two cases: one is the need to limit for national security. According to the national security law article4The provisions of article, act endangering State security, refers to the overseas institutions, organizations, individuals or instigate, help others implement, or domestic organizations, individuals and foreign institutions, organizations, individuals in collusion with the implementation of the harm of the people's Republic of China National Security Act: (a) plot to overthrow the government, secession, overthrow the socialist system; (two) in an espionage organization or accepting a mission and the agent of the task; (three) stealing, spying, buying, illegally providing state secrets; (four) instigated, seduce, government employees into mutiny; (five) other destructive activities endangering State security. With one of the above acts endangering the state security, communication freedom and communication secret national security organs shall restrict the behavior of human. Two is the need for tracing the criminal. The provisions of the criminal law of the crime. For the implementation of crime can limit the freedom and privacy of correspondence. But note that, due to the limitation of the freedom and privacy of correspondence is a serious invasion of privacy behavior, violation of the citizen rights is likely more than necessary limits, the investigation of the crime needed so, even for tracing the criminal crime, to take the measures must be very careful. Freedom and privacy of correspondence, only for those serious criminal suspects can limit at the same time, also only in the exhausted other means of investigation still can not obtain evidence, can pass the communication freedom and communication secret restricted criminal suspects to obtain evidence. In addition to the two reason, for violation of administrative discipline or Party discipline and other illegal acts, will not be allowed through the phone tapping, open letters to limit communication freedom and communication secret way to obtain evidence.

2The main limitation of communication freedom and communication secret. According to the provisions of this article, restrictions on the freedom and privacy of correspondence of the body only two, namely, the public security organs and procuratorial organs.1983Years of Standing Committee of National People's Congress decided to separate the state security organs from the public security organs, and authorized by the state security organs exercise the functions and powers of investigation, therefore, communication freedom and communication secret national security authorities also have the right to restrict citizen. The national security law article10The provisions:"The state security organs due to an act endangering State security investigation, according to the relevant provisions of the state, through strict approval procedures, can adopt the measures of technical investigation."These three types of main power, the postal law article4The provisions of article:"Freedom and privacy of correspondence shall be protected by law. Except for national security and the tracing of criminal crime, by the public security organ, the state security organ or the procuratorial organ of correspondence in accordance with legal procedures of examination, any organization or individual shall not be any reason to violation of freedom of communication and communications other people's secrets."Of the three specific authority restriction of civil communication freedom and communication secret powers, criminal procedure law also prescribes. But in addition to these three organisations, the prison authorities in accordance with the law of freedom of communication and communication also has the right to restrict civil secret. The prison law article47The provisions:"Criminals can communicate with others in prison, but the correspondence shall be examined by the prison. The Prison Criminals mail content, may detain. The criminals to the higher authorities of the prison or letters, not subject to inspection."

However, in practice, in addition to the public security organ, the procuratorial organ, the state security organs limits the freedom and privacy of correspondence, the discipline inspection, supervision, industry and commerce, taxation, banking, auditing, lawyers and other departments and individuals are often asked to citizens and organizations of the communication data query and other restrictive measures taken. On the basis of the provisions of this article, these departments have no communication freedom and communication secret power restriction of citizens.

3The procedure of limitation of communication freedom and communication secret. Limit the specific procedures of secret communication, including who have the right to put forward a restriction request, who has the right to emit limit orders, who's going to limit orders, execution limit command mode, content and limitation of the freedom and privacy of correspondence period. From the provisions of the foreign laws, restrictions on civil liberties and privacy of communication is quite strict procedures, of which, more important rule is, the investigation organ shall have the right to apply for and obtain approval, but only in order to another authority, the investigation organ can only go to the execution. The approval of the authority is the court. Restrictions on the freedom and privacy of correspondence of the request for review and approval by the court, is to guarantee the neutrality of this investigation measures and justice, but also to guarantee the freedom and privacy of correspondence of citizens is not affected by the premise of innocent infringement. China's relevant laws although set limits to communication freedom and communication secret conditions and subject, however, does not stipulate restrictions on specific procedures. In practice, the public security organ, the procuratorial organs and state security organs for the freedom and privacy of correspondence is restricted mostly to decide, to perform specific approval, they are also in the executive organs of internal management. This to a certain extent to protect the freedom and privacy of correspondence of citizens is bad.

4Communication department for assistance obligations. The investigation organ for the freedom and privacy of correspondence shall be restricted, there must be specific to the telecommunications sector. However, the telecommunications sector itself is not the investigation organ, freedom and privacy of correspondence, it has no powers to limit citizens. In contrast, the relationship between the telecommunications sector and telecommunications users often is the relationship between customers and businesses on the market, to user communication tool constraints is directly related to the economic interests of the telecom sector. The issue involved here is, the telecommunications sector to assist the communication freedom and communication secret investigative authority restriction of citizens, is actually the enterprise to complete the national mission. For enterprises to complete the task of the national situation and conditions must be strictly specified by the state. According to the provisions of the state, communication tools Telecom departments have the duty to assist the investigation organ in a particular situation restrict citizen, and telecommunications sector resulting economic loss, compensation shall be made by the state.

Three, the privacy of communication and protection of communication freedom and limit shall be prescribed by law

Freedom and privacy of correspondence with the personal freedom of citizens, freedom, dignity, privacy and other rights and freedoms are closely linked, is a very important right and freedom. According to the provisions of this article, the constitutional rights and freedoms, directly protected by national laws, countries should make further provisions to protect the rights and freedoms law. At the same time, the rights and freedoms limit must also take the law as the basis, by the provisions of the law to limit the right of the specific conditions and procedures. And the law on the conditions and procedures must be based on the provisions of this article as the principle, namely, except for the needs of state security or of criminal investigation, inspection of communication by the public security organ or the procuratorial organs in accordance with legal procedures, no organization or individual may, for any reason, violations of freedom and privacy of correspondence of citizens. In the national security or the investigation of criminal crime, the law shall not prescribed by other can limit the conditions of communication freedom and communication secret; in the public security organs (including the state security organs), or the procuratorial organ, legal nor to specified correspondence freedom and any other authority shall have the right to restrict people's secret. The provisions of this principle to further protect the freedom and privacy of correspondence of citizens has very important significance in law. Under this principle, the provisions of the laws can do is, enumerate and restrictions to safeguard national security and criminal investigation based on the specific circumstances and needs must be restricted civil liberties and privacy of communication; further clarify the public security organs (including the state security organ) or the procuratorial organ specific program restrictions on civil liberties and privacy of communication to further clarify the legal liability; infringement of civil liberties and privacy of communication. For the first two, the current law is not specific. For the violation of the legal liability of civil liberties and privacy of communication, the national security law article21Provisions, any individual or organization may be illegal production, sale, possession, using wiretaps, photographing or other special espionage equipment. Article29The provisions of illegal possession, use, special espionage equipment, the state security organs may, according to their personal belongings, residence and other relevant places searched; the illegal possession, use of espionage equipment confiscated. The criminal law also make clear provisions on the illegal production, sale, use special espionage equipment. In addition, the criminal law will conceal, destroy or illegally open other people's letters, infringement of citizens' freedom and privacy of correspondence, if the circumstances are serious behavior, crime. Provisions of regulations on administrative penalties for public security, the violation of citizen's right to freedom of correspondence does not constitute a crime, shall be given administrative penalties.

Now, with the rapid development of modern communication technology, the phenomenon of violations and civil communication freedom and communication secret more serious, how to realize the citizens' freedom of communication, the communication between the secret protection and safeguarding national security and public interests and seek for the scientific balance, has become an urgent task we are facing. The supreme legislature to formulate special law to make specific provisions to restrict communication secret standard, scope, specific procedures and remedies, necessary.

 

Article forty-first Citizens of the people's Republic of China for any state organ or functionary, have the right to criticize and make suggestions; for any state organ or functionary of illegal acts, complaints, charges or complaints rights to the relevant state organs, but shall not be fabricated or distorted the facts by false accusation.

For citizen complaints, charges or report, the relevant state organs must ascertain the facts, responsible for handling. Any person may suppress and take revenge.

The staff of state organs and civil rights violations by the loss of the people, have the right to compensation in accordance with the law.

Interpretation. This article is about the citizen supervision of state organs and their staff and make provision for compensation rights.

One, the necessity of citizen oversight

In China, all state power belongs to the people. People can use the direct democracy, he directly exercise right to be in power, but mainly by way of indirect democracy, elect their own representatives. State organs at all levels, instead of people to exercise the power of be in power. For the masses of the people directly exercise of power, would not have their own supervision problem. However, for the people of state organs and staff members at all levels through elections, instead of the people exercise power, there is a problem of supervision by the people. Process instead of the people exercise power in the national institutions and their staff, the people must supervise them through various channels and in various ways, to ensure that state organs at all levels and its working personnel hundred-percent instead of the people exercise power, put one's heart and soul into serving the people. The provisions of this article of the rights of the citizens of the state organs and their staff is the important right of supervision.

Two, the constitution of right to supervision regulations continue to improve

For the people's right of supervision of state agencies and their staff,1954Provisions of the constitution is:"Citizens of the people's Republic of China for national office working personnel of any illegal, have put forward written or verbal accusation against the right to state organs at all levels. Due to the personnel of state organs infringing upon the citizen's right to hurt people, have the right to compensation.1975Provisions of the constitution is:"Citizens for national office working personnel of any illegal, have put forward written or verbal accusation against the right to state organs at all levels, no one may create difficulties, obstacles and take revenge.1978Provisions of the constitution is:"Citizens for any illegal state organs, enterprises, institutions of staff, have the right to sue the state organs at all levels. When the rights of citizens are infringed, have the right to appeal to the state organs at all levels. The complaints and appeals, any person may suppress and take revenge."

1982Years to amend the constitution, summarize the provisions of constitution, combined with the specific circumstances of citizen supervision at all levels of state organs and their staff, the supervision on the rights of citizens to make a more comprehensive, specific provisions, the provisions of the previous constitution has important improvement: one is to expand the scope of supervision object. The objects of supervision of several provisions of the constitution, only the staff of state organs at all levels, but in fact, not only is the staff of state organs, organs of the state as a whole, should also accept the supervision of citizens, therefore, the provisions of this article, the object of state organs at all levels but also the citizen supervision. Two is the relaxation of the state organs and their staff to accept public supervision conditions. According to the provisions of the preceding few constitution, citizens can only supervise the state organ staff illegal, but the practice shows, the state organs and their staff do not meet the interests of the people of the doings, not limited to the illegal aspects of behavior, also includes other aspects is not responsible for the behavior, inappropriate behavior, efficiency is not high and so forth, therefore, according to the provisions of this article, the state organs and their staff even if no illegal behavior, the masses of the people for their work or other aspects of the situation also has the right to criticize and make suggestions. Three is to further clarify the state organs for treatment of citizen supervision requirements. The Constitution requires for citizen complaints, charges or report, the relevant state organs shall be responsible for handling of ascertaining the facts, and emphasize, no person may suppress or take revenge. The four is cancelled1978Provisions of relevant civil supervision staff of enterprises and institutions in the years of dereliction in the constitution, because the enterprise itself does not directly by the people or indirect election, the staff is relatively complex, should not be provided directly supervised by citizens. The five is to increase the provision, citizens shall not be fabricated or distorted the facts by state organs and their staff for false accusation. The state organs and their staff of illegal acts, citizen complaints, charges or complaints rights, but the rights shall not be deliberately false or illegal use of, any citizen may not make use of any complaints, charges or report name, fabricated or distorted the facts by state organs and their staff for false accusation. Therefore, the criminal law specially set up a false accusation against the charges, the fabricated or distorted the facts by false accusation, serious behavior, criminal responsibility.

Three, the specific content of the right to supervise

The provisions of this article state refers to the state power organs, administrative organs at all levels, judicial organs, procuratorial organs and their subordinate departments; national staff regulations, refers to the state organs of the leadership and staff.

Criticism refers to the right of the citizens of the state organs and their staff in the shortcomings and mistakes in our work, the right to criticize.

Suggestion right means that the citizens to help the state organs and their staff to improve their work, the work of state organs and their staff, right to put forward opinions and suggestions.

The right of complaint refers to the citizens to the relevant state authorities accused or on some state organs and their staff in various illegal acts of rights. Include to judicial authorities for criminal litigation, civil litigation and administrative litigation case report, to report to the party's discipline inspection organs, administrative organs report etc..

Appeal right is that against the citizens of himself and his family by the relevant punishment or sanction, or receives the unfair treatment, to the relevant state organs, state the reason right to request. The appeal is divided into legal and non legal complaint complaint. In the legal appeal refers to the citizens of a legally effective judgment or ruling disaffected, and appeal to the superior judicial authorities act. Non legal appeal refers to the citizens to the relevant state organs of sanctions or penalties and submitted to the judicial organs outside the state organs complaints.

Report refers to the right of the citizens of the state organs and their staff illegal acts to the relevant state organs to expose the right.

Four, citizens' right to obtain compensation

Right to obtain compensation refers to the staff of state organs and civil rights violations and damage to the people, have the right to compensation in accordance with the law. General principles of the civil law, the state organ or functionary in the process of performing his duties, infringement of citizens, legal persons and the legitimate rights and interests of damage, it shall bear civil liability. The provision of the administrative litigation law, citizens, legal persons or other organizations infringe upon the legitimate rights and interests of the damage caused by a specific administrative act of an administrative organ or the personnel of an administrative organ, have the right to claim compensation. The state compensation law is an important law in China to protect the legitimate rights and interests of citizens, the provisions of the state organ or functionary illegally exercising their powers, state compensation liability for violations of the legitimate rights of citizens.

 

Article forty-second Citizens of the people's Republic of China have the right and obligation of labor.

The state through various means, to create conditions for employment, strengthen labor protection, improve working conditions, and on the basis of developing production, improve labor remuneration and welfare.

Work is the glorious duty of every able-bodied citizen. The workers of state-owned enterprises and in urban and rural economic collectives should treat their work as the masters of the country's attitude. The state promotes socialist labor emulation, reward model and advanced workers. The State encourages citizens to take part in voluntary labor.

The state provides necessary vocational training for citizens before they are employed.

Interpretation. This article is about the labor rights and obligations of citizens.

One, the content of the right of labor

The right of labor is to point to have labor ability for citizens eligible for social work. It includes three parts: one is the civil labor chance according to their ability to work; two is the citizen to have access to appropriate conditions of labor rights in labor; three is the citizen enjoys according to the quantity and quality of labor remuneration and other labor income right. Labor right is a basic right of citizens, the most important way for citizens to realize their own value is. Possible, combined with the socialist public ownership of the means of production for workers and production data. Therefore, under the conditions of socialism, the state and society shall provide and create employment opportunities for workers, to ensure that every able-bodied people can obtain employment chance, enjoy the appropriate working conditions, remuneration due. This article provides a basic national policy implementation of labor rights of citizens. This policy includes four aspects: first, the state through various means, to create conditions for employment, open up new avenues of employment, expand the scope of employment; second, the state to strengthen labor protection, improve working conditions, all kinds of labor insurance and security measures to strengthen and improve for workers in the labor process in the safety and health and take; third, the state provides necessary vocational training for citizens before they are employed, to master some skills to protect the employment; fourth, countries on the basis of developing production, improve labor remuneration and welfare treatment, the production to meet the people's growing material and cultural life.

For the realization of citizen's right to work,1994Years to the NPC Standing Committee to develop the labor law specialist. The law on civil rights of labor to make further provision, namely: workers enjoy equal employment and choice of occupation rights; the right to obtain payment for labor; the right to rest and vacation; obtain protection of occupational safety and health rights; accept the occupation and skill training rights; enjoy social insurance and welfare for labor dispute processing; rights and other rights as provided by law. For the realization of the labor rights of citizens, but also to promote the employment of labor law, labor contract and collective contract, working time and vacation, labor wages, labor safety and hygiene, women and minors special protection, occupation training, social insurance and welfare, labor disputes, and legal responsibility for supervision and inspection made specific provisions, provide legal guarantee for the full realization of the socialist labor rights.

Two, the meaning of the labor obligations

1982One of the important content in the years to amend the constitution, is that labor is not only the basic rights of citizens, an important duty or citizens. Why should the provisions of labor are the obligations of citizenship? This is mainly because, under the conditions of socialism, labor has not merely personal means of livelihood, important way and do contribution are also citizens for socialist national and collective interests, to continuously improve the level of economic and cultural development, and continuously improve the people's material and cultural living standards, the prosperity of socialist material civilization and spiritual civilization, construction rich, strong and prosperous socialist country, citizens should be the state and society to assume the obligations of labor. Therefore, labor is not only the rights of citizens, but also the glorious duty of citizens. The so-called labor obligations, is refers to the able-bodied citizen, should treat labor, as the masters of the country's dedication to duty, observe labour discipline, completes the work task, will work as a duty for themselves.

Specifically, the citizen labor obligations there are several layers of meaning, first, work is the glorious duty of every able-bodied citizen; second, should treat work as the masters of the country and the attitude of workers of state-owned enterprises in urban and rural collective economic organizations; third, labor is every able-bodied citizen of reward conditions; Fourth, the state promotes socialist labor emulation, reward model and advanced workers; fifth, the State encourages citizens to take part in voluntary labor.

 

Article forty-third The people's Republic of China workers have the right to rest.

The national development and the rest and recuperation of the facilities, regulations working hours and off system.

Interpretation. This article is about the workers have a break right.

The workers right to rest,1954Years of the Constitution and the1975Provisions of the constitution is:"Labourers shall have the right to rest".1978Provisions of the constitution is:"Labourers shall have the right to rest. Working time and vacation system regulations of the state, the gradual expansion of the rest and recuperation of the material conditions, to ensure that workers enjoy the rights of."The basic reserve1978The provisions of the state constitution, extension workers rest and recuperation of the material conditions for the appropriate modifications.

The workers right to rest is to improve labor efficiency, safeguard the worker's life and health, according to the provisions of the relevant laws and regulations, workers have the right to rest and recuperate. The workers right to rest and labor rights are closely linked, but also can be said to be an aspect of the right of labor. The right of rest can protect the health of workers, improve labor efficiency, can also provide certain time to participate in cultural and social activities for workers, rich cultural life and social life of workers, improve the quality of life.

In China, workers' right to rest is mainly realized by regulations of the state, working time and vacation system. Working time is the workers according to the provisions of the state and enterprises and institutions, engaged in labor time. The vacation system is working according to provisions of the state and enterprises and institutions, are entitled to temporary leave work, rest and vacation reservation wage system. According to the labor law, working hours system state the daily working time is not more than eight hours, the average weekly working time is not more than forty hours; the employer shall ensure that workers at least one day off a week; the other holidays, the employing units in the new year's day, Spring Festival, the international labor day, National Day and the provisions of laws and regulations, shall arrange laborer to leave; the State shall practise a system of annual vacation with pay, the workers worked for more than one year, to enjoy paid annual leave.

Apart from the provisions of working time and vacation system, this article also stipulates, the national development and the rest and recuperation facilities. This mainly refers to the state according to the workers enjoy the need to rest right, based on the development of production and the development of national economy, expanding and improving for the rest and recuperation of the material conditions.

 

Article forty-fourth State in accordance with the law to implement the workers and staff of enterprises and institutions of the retirement system. The life of the retired personnel is ensured by the state and society.

Interpretation. This article is about the state retirement system.

Retirement rights for citizens, the previous Constitution did not make provisions, taking into account the retirement right is an important right of citizens,1982In this article the new increase of this provision.

Retirement is that workers and staff of enterprises and institutions they reach a certain age, from the original production and jobs, and receive a pension in accordance with the provisions of.

According to the provisions of this article, China's retirement system includes the following content: first, the object state retirement system refers to the enterprises and institutions of workers and staff of state organs. Second, the state and social security retirement life. Third, the specific matters relating to the retirement system by state laws and regulations. At present, China has formulated a series of laws and regulations, to the workers and working personnel of the state retirement age, retirement and retirement treatment provisions.

 

Article forty-fifth The people's Republic of China citizens in old age, illness or incapacity cases, have to obtain material assistance from the state and social rights. The national development and enjoy the right to social insurance, social relief and medical and health services.

The state and social security disability military life, provide pensions to the families of martyrs, supporting our military families.

The state and society to help arrange a blind, deaf, mute and other handicapped citizens work, life and education.

Interpretation. This article is about the national implementation of the social security system.

A citizen, help to obtain material condition

According to the provisions of this article, citizens to obtain material assistance is old, ill or disabled."Aged"Refers to the citizens in the above retirement age stipulated by the state, has no ability to work or not suitable to continue to participate in labour."Disease"Refers to the citizens because of suffering from a disease without ability or not suitable to continue to participate in labour."Lose labor ability"Includes old age, illness or other reasons and lose labor ability. With one of the above three conditions, citizens shall have the right to material assistance from the state and society. The national material help refers to the relevant government departments such as the Ministry of civil affairs, labor department to provide the basic living conditions of material assistance. Social material help refers to all types of material and the collective economic organizations, people's organizations, mass organizations and other aspects of society to help.

With the establishment and perfection of the gradual deepening of reform and market economy, the emergence of a new phenomenon in the social life, namely citizen's unemployment. Citizen once unemployment, their material life is very difficult to obtain the safeguard, which raises the question, whether the unemployed citizens can enjoy national and social material to help? From the provisions of this article"Aged","Disease"And"Lose labor ability"Three kinds of situation, does not include"Unemployment"Citizens shall enjoy the material help. However, with the development of situation, especially according to the provisions of the constitution citizens receive social security right spirit, can think, unemployed citizens should have the right to access to national and social material to help.1982Constitutional amendment, the impact of the planned economy is relatively large, then there is no unemployment of rural residents, city residents work is arranged by means of distribution of the plan, so unemployment has not become a social problem, therefore, this article will not get unemployment as one of social security is understandable. But, now, the citizen's unemployment has become a social phenomenon, need to cause the attention and care of the state and society. The Constitution stipulates that citizens have access to material assistance from the state and social rights, the basic starting point is, every citizen enjoys considerable support to maintain the material standard of living right, is a basic duty of state, i.e. any citizen to achieve the basic material standard of living through their own ability not, countries have given its special the duty of care and help. Therefore, from this point of view, citizen unemployment, should have access to national and social material help right.

Two, the national development and social welfare

According to the provisions of this article, the country's efforts to develop the cause of social security. The national social security development of the cause of the condition, is directly related to the overall development of the people's material and cultural life level, related to social stability, to take advantage of the superiority of socialism. Old, ill or disabled citizens, have the right to material assistance from the state and society two aspects. But the state in providing material assistance should play a major role. In order to make the citizens can better enjoy all kinds of material help, vigorously develop social welfare countries need. Specifically, we should vigorously develop social security in the following three aspects: (1The development of social insurance). Social insurance is the insurance for all citizens in old age, illness, lost the ability to work under such circumstances provide various kinds of assistance measures. (2The development of social welfare). The relief of social relief includes and lose labor ability of unmanned to support them, including relief to affected by natural disasters or other mishap'. (3The development of medical and health).

Three, special groups of material assistance

Security disabled soldier life, give special care to the army, and to help disabled people, but also an important part of the development of social security system. The disabled soldier is in order to protect our homes and defend our country and make their own physical disability, the family life the army gave in order to protect our homes and defend our country, countries should give care and special care to their lives. According to the provisions of this article, to protect disabled soldier life, entitled the army includes three aspects: (1) state and social security disability soldier's life, namely the state and the social two aspects, due to fight or wounded maimed due to perform other duties China people's Liberation Army, armed police force officers shall be entitled, in accordance with the relevant provisions, to protect their lives. (2) the state and society provide pensions to the families of martyrs, the state and society in the revolutionary struggle and other revolutionary work for the cause of revolution and gave their lives to take care of the family. (3) for military families, namely, the state and society to the servicemen of the lineal relatives, spouses and other relatives to be preferential treatment, care. Security disabled soldier's life, provide pensions to the families of martyrs, supporting our military families, not only the responsibility of the state, is also the responsibility of the whole society. Social organizations, people's organizations, villagers committees, residents' committee should organize the people to help and care for disabled servicemen and the army life, so they have no worries, protect our homes and defend our country undivided attention.

The provisions of this article"The disabled soldier"In the"Disabled"A word is not accurate, should be changed to"A disability"Because the soldiers, disabled and not"Waste".

In addition, according to the provisions of this article, the national and social efforts to safeguard the interests of vulnerable social groups such as disabled people. The state and society to help arrange a blind, deaf, mute and other handicapped citizens work, life and education. For this provision of the constitution, the state enacted the law of protection of rights and interests, made detailed provisions on matters concerning the protection of rights and interests of the disabled.

 

Article forty-sixth Citizens of the people's Republic of China have the right and obligation to education.

The national training of children and young people, in moral, intellectual, physical and other aspects of comprehensive development.

Interpretation. This article is about the rights and responsibilities of citizenship education.

Right to education about citizenship,1954Provisions of the constitution is:"Citizens of the people's Republic of China has the right to education. The state set up and gradually expand the various schools and other education institutions, to ensure that the citizens to enjoy this right.""The development of national special care youth physical and mental.1975Provisions of the constitution is, citizens have the right to education.1978Provisions of the constitution is:"Citizens have the right to education. Countries to gradually increase the various types of schools and other education facilities, education, in order to guarantee the citizens to enjoy this right.""Special care national healthy growth of the teenagers."The provisions of this article the basic retained1954Years of the Constitution and the1978The relevant provisions in constitution, at the same time, due to the national development of all kinds of schools and educational facilities in the content, the provisions of article19The educational system of the state has provided related content, so in this article will no longer be required.

According to the provisions of this article,"Citizens of the people's Republic of China have the right and obligation to education". Countries are in accordance with the constitution, has formulated a series of laws and regulations on education method is proposed. But in theory and practice, the rights and obligations of citizens to education, all aspects of understanding there is a big gap. For example, someone put forward, what is the right of Chinese citizens to receive education? The right to education is a social rights and natural rights or citizen? The right to education and the right to equality is what relation? Somebody puts forward, since education is a right of citizenship, so why not give it up? Since it is right, why also become an obligation? Willing to accept education is purely a personal choice, a person is sick to read, what course to the obligations of national education, and how to enforce the performance of its education obligations? Even if the recognition of citizen education obligations, are put forward, according to the provisions of the constitution, what education who is the obligation of compulsory? It is the duty of parents, or children, juvenile obligations? If the children, juvenile duty, he also does not have full civil capacity, and how to bear the responsibility? Citizens may be lifelong education obligations, or only for children, youth is education obligations? Wait.

A citizen, the right to education

The right to education, refers to the citizens have the opportunity to receive education from the state and education material help right. Among them, education in the form of school education, social education, adult education, self-study etc.. Internal education including school education level, primary education, secondary education, higher education and occupation education. The right to education of citizens should be understood from the following two aspects:

One is the concept of the right to education characteristics. The concept of the right to education has the following characteristics:

1The right to education concept is very inclusive. Education involves the human mind activities, in order to get the person's disposition development as the goal. To one's mind development objectives of the channel is very broad complex, namely the education mode has diversified characteristics. As long as they are able to obtain the mental development of means and ways of people, can be called education. However, if the use of any kind of means and ways are called the citizens' right to education, are the need for protection of the Constitution and the law, there exists many problems. The situation abroad, regardless of education, only from the legal provisions of our country, the citizen's right to education category includes rights of citizens in terms of higher education, the compulsory education rights and rights in the occupation education. This is mainly from the education grade partition. From the difference between the education system to divide, including public education and private education. From the educational areas, including the education of social science, natural science education and national defense education etc.. From the education mode, including general education, special education, ideological and political education, labor education and rehabilitation of criminals, the transformation etc.. Even in our daily life and work of any relates to enlighten the individual mental activity, to attend a meeting, small to personal conversations, are involved in the so-called education and the problems of the right to education. Suit with this photograph, relates to education not only has special laws and regulations provisions, but also scattered in various non special laws and regulations. So, although we can mainly to education and the right to education of the problems defined in compulsory education, higher education, science education, occupation education and national defense education, private education has been the domain of the law, it must be admitted that, the right to education is a concept of inclusive.

2The right to education is the birthright of. The nature of the right to education is decided by the social people, and is also determined by the law of development of human history. The social nature of the decision people must be educated, to obtain physical and mental development, become a qualified member of the society, the realization of other personal freedom and rights. The law of development of human history decided, as a member of society, only by education, in order to meet the social and historical development, in order to do society and the masters of the country, and in the social and historical development impetus.

3The right to education is the basis for the realization of other human rights. The right to education is an important part of the cultural rights of citizens. However, this right to a large extent determines the degree of realization of other rights of citizens. Degree of realization of citizen in the political aspects of speech, publication, elections and other freedoms and rights, need to depend on the level of education. Citizens in the economic aspects of a series of rights is restricted by the level of education. Even if labour rights can be fully realized, also a few is decided by the level of education institute. Therefore, to guarantee human rights, one of the key factors is to guarantee the citizen's right to education.

4Right to education has the social class and the historical limitation. The right to education, need to be understood from the state, social class and the historical height. The direction of education is directly related to the ruling class's values and beliefs, in relation to their need what kind of talent, in relation to the direction of the country, so the civil rights of other areas, we can marginalize or even deny class character, but in the field of education, all of history from the perspective of human development, not influenced by the factors of class and the national education philosophy and the right to education, I'm afraid not. Boundaries between countries constitutional and legal citizens the right to education has specific provisions.

An important advantage of the right to education in China is, the direction of education is very clear, that is must serve the country and the people, serve for socialist construction. Education Law Article5The provisions:"Education must serve the construction of socialist modernization, must be combined with productive labour, builders and successors to develop moral, intellectual, physical and other aspects of the comprehensive development of the cause of socialism."Article6The provisions:"National Patriotism in education, collectivism, socialism education, ideal, moral, discipline, the legal system, national defense and national unity education."Article8The provisions:"Educational activities must comply with the national and social public interests."Of course, some unfavorable factors also has the protection of the right to education in China.

Two is the relationship between the right to education and the principle of equality. The relationship between the right to education and the principle of equality mainly refers to the realization of the principle of equality in the right to education of the citizens' right to education, which shall be of equal protection by law. Equal protection of the law, is to protect the no difference, equality before the law. Specific to the right to education, refers to all citizens regardless of race, gender, identity, property, class, religion, political, educational opportunities should be equal, not to various external conditions, deprived of the right to receive education. The equality of right to education, refers to the equality of educational opportunity.

But attention is required, the equality of right to education, it has two limitations: one is the age limit. For example, nine years of compulsory education is the only object of school-age children. Can't say citizens and thirty year olds enjoy equal rights of compulsory education. Another is the capacity constraints. Equality is the ability of equality. Education is a special field, to complete the task of education, a fundamental condition, is to limit, and to test the ability of the standard is the exam. So, the examination system is a basic standard in education achieve equality of educational opportunity. In our constitution, all citizens are equal before the law. Get more specific legal principle of equality in the Constitution in the education of. Education Act ninth provisions:"Citizens regardless of nationality, race, sex, occupation, property status, religious belief, enjoyed equal opportunity in education."Article36The provisions:"Educatees shall enjoy equal rights in enrollment, enrollment, employment etc..""Schools and administrative departments concerned shall, in accordance with the relevant provisions of the state, to keep their children in school, education, employment, conferment of academic degrees, such as sending students enjoy equal rights with men."

At present, our education mainly has the following effects of citizens' right to education equality realization: one is the area difference treatment. For a long time, many colleges and universities have unequal admission scores for all students, making access to different areas of the same university student test scores of relatively large gap. There are contradictions, not only to consider the actual situation of the University, for proper care of universities are students, but also the candidates around the implementation of admission equality; both to the ethnic minority areas, remote areas of the candidates to be properly looked after when recruit students, but also to achieve a score of equal; not only to the overall plan, considering the state of talent for consideration, the appropriate allocation, but also to achieve equality in front of them. So to eliminate the difference of the right to education area treatment is a long-term problem. Two is a property of differential treatment. Individual schools including high school and college students, to score the same, discriminate, the money can not pay admission, the admission; or pay into the better schools and classes, do not pay into the poor class, actually makes much pay property to the school, become a citizen's right to education according to a large extent. Three is the condition and the nature of the school of the different effect of citizen education right equal realization. Between public schools and between public schools and private schools, different treatment of school teachers, teaching equipment as well as the gap between the state and society of the different schools, are to some extent makes the examination score the same candidates, because go to different schools, but can not fully enjoy equal opportunities for education and the quality of education. Four is the current examination system cannot fully realize the equality of educational opportunity. Although the education opportunity equality requires the ability to pass the examination reflects the measure, but the actual ability and ability of the candidates only by test scores reflected not conform. The perfect examination system should be able to embody the students accept education ability system. The current examination system also has some problems, can not fully realize the citizen education opportunity equality.

Two, the citizen education obligations

An important feature of this article is, will be as a right of citizenship education regulations, and provisions for a duty of citizen, is a combination of rights and obligations. Understanding the citizens should be from the following several aspects of education obligations:

1Education why is an obligation of citizens. That education is an obligation of citizens, is mainly based on the following reasons: on the one hand, from the citizens, the fundamental difference between human and animal is that, people are social people, seek the development of individual and society must, and to seek the development of individual and society, education is a fundamental way indispensable, is the person as a member of society must have the conditions. On the other hand, for the country, citizens are the specific elements of country, the most important function of the state is to seek happiness and personal development, improve the national spirit, enhancing social morality, promote the development of science and technology, to realize the state rich, strong and prosperous; to achieve these goals, we must continue to improve as a part of national elements of the quality of citizens; and to improve the quality of the citizens, to accept education become the route one must take. Therefore, the state will naturally will receive education as a duty of citizens shall be required. Therefore, many countries and regions of the Constitution and the law will be educated as a civil obligations stipulated.

2The implementation of the main obligations of citizenship education. The implementation of the main obligations of citizenship education include the following:1.Education is each one should be the duty of the educated. Even young children,, does not have the full capacity for civil conduct, education is a basic obligation.2.Education is the parents, guardians obligations. Parents and guardians have the responsibility to provide conditions for the education of their children, their training in adult.3) let the citizen education or the obligation of the state. The obligation of the state is to establish the basic education system, provide the conditions for the citizen's right of education. And in the implementation of compulsory education on the one hand, countries should provide all the conditions, to ensure that all children can enter the economic difficulties, to complete their compulsory education.

Education Law in our country18The provisions:"The people's governments at all levels to take various measures to guarantee school-age children, adolescents access.""School-age children, young parents or other guardians and relevant social organizations and individuals have the obligation to ensure that school-age children, adolescents receive and complete compulsory education."This provision indicates that, subject to implement compulsory education in China, which includes three aspects: one is the children, I; two is the people's governments at all levels; three are children, young parents or other guardians and relevant social organizations and individuals. In the implementation of the compulsory education activities, the two main functions: one is the most important for parents and guardians. Compulsory education law article11The provisions:"Parents or other guardians must ensure that school-age children or or by the guardian to school, receive compulsory education.""School-age children, adolescents because of illness or other special circumstances, need to postpone enrollment or exempt from admission, application by children, parents or other guardians, approved by the local people's government.""Any organization or individual is prohibited from employing should receive compulsory education of school-age children, youth employment."Two is the national. Compulsory education law article10The provisions:"Country to receive compulsory education students tuition.""National scholarships, help students from poor families."Compulsory education law also stipulates a series of fiscal measures by the State Council and the local people's governments at all levels should take in the implementation of compulsory education and other measures.

3The definition of compulsory citizenship education. Compulsory education is not unconditional. If no case for civic education obligations, may lead to educational order and the rights and duties of chaos. Therefore, the education of the citizen's obligation must make the age limit. From the practice in the world, education is compulsory basic is defined in the elementary education stage. The compulsory education of the citizens of our country education law and compulsory education law is defined in the nine years of compulsory education, namely, young school children, must complete nine years of compulsory education system. Education Law Article18The provisions:"The State implements nine year compulsory education system."Compulsory education law article2The provisions:"The State implements nine year compulsory education."The nine year compulsory education system by the national expense. We must start from the state financial but achieve this one goal, step by step. Therefore the law of compulsory education in the2The provisions of:"Province, autonomous region, municipality directly under the central government according to the economic, cultural development of this region, determine the compulsory education."Article5The provisions:"Any child over six years of age, regardless of gender, race, ethnicity, should go to school to receive compulsory education. Do not have the condition, may be postponed to seven years old entrance."But in practical work, by the state completely bear the costs and practical difficulties, especially in ethnic minority areas and outlying and poverty-stricken areas, nine years of compulsory education of school-age children is still not fully realized.

The community obligations civic education is scheduled for school-age children, juvenile stage, is mainly based on the following considerations: first, as a member of society, every citizen must have some differences in animal production, the basic life skills, including reading, writing, calculation etc.. Once the citizens with partial or full capacity for civil conduct, it must depend on the production, life. The basic production, life skills should be relatively simple, school-age children first have knowledge. Second, to those complicated knowledge of science, especially the specialized knowledge and the theory of education, the need for further or special ability, can accept, for every citizen to learn, not reality, there is no need to. For higher education, the state can do is to provide equal opportunities for education, and should not be forced to every citizen to education. Third, the country's limited fiscal capacity. The obligations of citizenship education expenses are relatively limited, by the State shall be a burden no problem. But the higher education cost is a huge expenditure, government cannot afford. Even if the state financial strong, is also used to help citizens to create the chance of receiving higher education, but not to compel citizens to accept higher education.

Three, the national youth training the comprehensive development of children

This article is on the growth of national concern teenagers make provisions. Teenagers and children are the future of the motherland, preschool education, primary school education, secondary education and university education is the key stage of growth of children and adolescents. At each stage, countries have established their training objectives and targets, so that children and young people, in the moral, intellectual, physical aspects of development, become a socialist consciousness, master the scientific and cultural knowledge, the health of the overall development of socialist citizen.

 

Article forty-seventh Citizens of the people's Republic of scientific research, literary and artistic creation and other cultural activities. The national creative work engaged in education, science, technology, literature, art and other cultural institutions citizens for the benefit of the people, give encouragement and help.

Interpretation. This article is about the citizens enjoy the right to freedom of scientific and cultural activities.

For scientific and cultural activities of citizens freedom and rights issues,1954Provisions of the constitution is:"Protection of citizens of the people's Republic of China in scientific research, literary and artistic creation and other cultural activities. Countries engaged in science, education, literature, art and other cultural institutions citizens of creative work, give encouragement and help.1975Years of constitution cancel provisions relating to citizens the right to freedom of scientific and cultural activities.1978Provisions of the constitution is:"Citizens in scientific research, literary and artistic creation and other cultural activities. The national creative work in science, education, culture, art, press, publishing, sports, health of citizens, to encourage and help."This article basically recovered1954Years of the Constitution and the1975The content of constitution, but also made some changes: one is the1954The China home safeguard citizen scientific and cultural activities to citizens have the scientific and cultural activities, because the direct provision of citizens with scientific and cultural activities, must be subject to national security; two is in the scientific and cultural activities to encourage and help the country, added provisions of technical activities, because the creative labor and Science the activities of technology activities can not be separated; three is the news, publishing, public health and sports deleted, because these business creative work and scientific and cultural activities, there are still some differences.

Scientific and cultural activities is the driving force of economic development and social progress. China is a socialist country, the scientific and cultural activities is an important content of socialist spiritual civilization, is a powerful driving force to promote the construction of socialist material civilization. In order to promote the prosperity and development in science and culture, the majority of citizens should be free and enjoy the rights of a wide range of scientific and cultural activities. Freedom of scientific and cultural activities of citizens should be given support and help.

According to the provisions of this article, the freedom and rights of scientific and cultural activities to our citizens have the following aspects: (1) citizens have the freedom to engage in scientific research. Study of science including natural science here, also includes the social sciences. Citizens enjoy the freedom of scientific research, refers to the citizens have the right to engage in a variety of scientific research work in various ways, and in scientific research freely discuss issues, opinions, on a variety of scientific problems and a variety of school can hold different opinions. (2Engaged in literary and artistic creation) citizens have freedom. Literature including novels, poetry, prose, drama etc.. Art including music, dance, art, photography, calligraphy, sculpture, film, TV etc.. Cultural and artistic activities liberty means that citizens have the right to engage in the various cultural and artistic activities according to their own interest and intention, has the right to form according to their own characteristics and their cultural and artistic style development. (3Citizens have the right to engage in) other cultural activities, including education and various sports activities, healthy entertainment etc..

The state promotes the development of science and culture through a variety of ways. Engaged in education, science, technology, literature, art and other cultural citizenship is good for the people of creative work, give encouragement and help. The State formulates policies and laws, to encourage and help the citizen's scientific and cultural activities. At present, our country has established the policy of rejuvenating the country through science and education, the education, science, culture, formulated a series to promote and protect the development of science and culture of law, regulations.

 

Article forty-eighth The people's Republic of China women in all aspects of political, economic, cultural, social and family life, enjoy equal rights with men.

The state protects the rights and interests of women, the equal pay for men and women, the training and selection of women cadres.

Interpretation. This article is about the state of the protection of women's rights and interests.

On the issue of gender equality,1954Provisions of the constitution is:"The people's Republic of China women in all aspects of political, economic, cultural, social and family life, enjoy equal rights with men.1975Provisions of the constitution is:"In the aspect of women enjoy equal rights with men.1978Years of constitution in recovery1954Constitutional provisions at the same time, increase the provisions of equal pay for equal work. This article in succession1954Years of the Constitution and the1978Based on the provisions of the constitution, and provides two contents, one is to emphasize the country to protect the legitimate rights and interests of women, two is a clear national training and selection of women cadres.

According to the provisions of this article, the equal rights of women and men are the following several aspects: (1) women shall enjoy equal rights with men in the political aspect, namely women to participate in national political life equality with men, equally enjoy the right to vote and to be elected, equal participation in state management, equal as national and social functions, equal access to the honorary title. (2) women shall enjoy equal rights with men in economic terms, namely women and men, the right to participate in the labor rights, labor rights, the right to rest and enjoy the right to social security. (3) women shall enjoy equal rights with men in terms of culture, namely women and men alike, enjoy the right to receive education, have engaged in scientific research, literary and artistic creation and other cultural activities. Women's rights and interests protection law article15The provisions:"Schools and departments should be the relevant provisions of the state, the protection of women in the entrance, the entrance, graduation, degree, such as sending students enjoy equal rights with men."(4) women shall enjoy equal rights with men in terms of social and family life, women and men can participate in various social activities, in marital relations, family relations, inheritance and other ways to enjoy equal rights with men.

According to the provisions of this article, the protection policy of the state for the rights of women have three aspects: first, the state protects the rights and interests of women, the rights and interests of women shall enjoy, are protected by the Constitution and the law, any individual or organization shall not be violated. At present, the rights and interests of our country's criminal law, the marriage law, the electoral law for women have special protection, the state has formulated the protection of rights and interests of women and child protection law dedicated to the protection of women's rights and interests. Second, the state the equal pay for men and women, if men and women engaged in the same work, skills, proficiency with men in the same, you should get equal pay with men. Third, the national training and selection of women cadres, cadres in the selection of candidates that countries should pay attention to women cadres equipped, bold use and promotion of proven ability, people worked, have both ability and political integrity of women cadres, improve the status of women in the country and society. For the national training and selection of women cadres, women's rights and interests protection law article11The provisions:"The state actively cultivating and selecting women cadres.""State organs, social organizations, enterprises and institutions must adhere to the principle of equality between men and women in the appointment of cadres, pay more attention to the training, selection of female cadres for leading members.""The state attaches great importance to the training and selection of female cadres of minority nationalities."Article12The provisions:"The levels of women's Federation and its member groups, may recommend female cadres to state organs, social organizations, enterprises and institutions."

The provisions of this article a problem encountered in practice are different, the retirement age for men and women, is in violation of the constitution the principle of equality between men and women? Some ideas are put forward, the State Council1993Years of the promulgation of the "Provisional Regulations on state civil servants" article78Article, article79Tiao Hedi80The provisions of the retirement age for men and women of different state civil servants, in male and female civil servants in the treatment of political, economic benefits and health inequality of treatment, is not conducive to the protection of the legitimate rights and interests of women, in violation of the constitution provisions on the equality of the sexes. Should say, the State Council formulated the Interim Regulations in the civil servants, male and female by different retirement age, is the main provisions of the retirement age for women earlier than men, it is considered from the physiological and psychological characteristics of women, to the care of women's physical and mental health, safeguarding the legitimate rights and interests of women as the principle, its starting point is good. However, in practice, the situation of women themselves differ in thousands of ways, some women because of its work and health reasons, hope to retire early man; some women from their own situation, want to retire and men in the same age, to maximize their own ability, to realize their own value. Hope to retire and wants to retire early men and men in the same age, implementation, are related to women's physical and mental health and their values and therefore, different situations in the legislation can be for women to make flexible provisions, respect for women's this desire, give them the freedom to choose the retirement age of rights, so as to achieve the realization of equal rights women and men.

 

Article forty-ninth Marriage, family, mother and child are protected by the state.

Both husband and wife have the duty to practise family planning.

Parents have the custody of minor children of compulsory education, adult children have the obligation to support and assist their parents.

Violation of the freedom of marriage is prohibited, banned the maltreatment of old people, women and children.

Interpretation. This article is about the national protection of marriage, the family, mothers and children.

One, to protect marriage, family, mother and child

Marriage is defined according to the provisions of the marriage law, men and women meet the conditions for marriage, voluntary integration, by the marriage registration office approved the registration of a marriage, is recognized by the law and protecting the social relationship.

The family is living together with marriage and kinship based and form of organization. The family is on the basis of monogamy, including parents, children and other members. Legal protection of the family refers to the legal protection of the identity of family members, as well as produced by the identity of the relationship between the rights and obligations, and property relations, inheritance, maintenance etc..

The mother refers to women who already have children, children refers to children.

At present, China has developed a marriage law, inheritance law, adoption law, the relationship of marriage, family, and the rights of mothers and children to make specific provisions.

Two, the implementation of family planning

Family planning is a plan to adjust the rate of population growth, to adapt to the economic development and the natural ability to adapt to the environment of policy. Family planning is a basic national policy in china. The current practice in China is to reduce the rate of population growth as the goal of family planning policy. Both husband and wife have the duty to practise family planning, refers to the couple should be in accordance with the provisions of relevant state policies and laws, adhere to the less students, eugenics, birth, to control population growth. At present, the country has made the population and family planning law, the national family planning system made detailed provisions. According to the provisions of this law, China's family planning policy is:"National present birth policy, encouraging citizens to delayed marriage and childbearing, "one couple, one child; in accordance with the law, rules and regulations of the condition, can request to bear a two child. The specific measures shall be prescribed by the provinces, autonomous regions, municipalities directly under the central government, the people's Congress or its standing committee.""Minorities shall also practice family planning, the specific measures shall be prescribed by the provinces, autonomous regions, municipalities directly under the central government, the people's Congress or its standing committee."The basic measures of family planning is,"The implementation of family planning, to contraception.""The state creates conditions to guarantee citizens', choose safe, effective, and appropriate contraceptive measures. Implementation of contraceptive operation, the recipients' safety shall be ensured."To implement the national policy of family planning, population and family planning law also provides for the family planning incentives and social security system.

Three, support, maintenance, freedom of marriage

With the exception of couples have the duty to practise family planning, this article also provides the family relationship, family members of several other specific obligations. Mainly has: (1) parents have to raise and educate the minor children of compulsory."Raise"The nurturance nurture, refers to the parents to provide basic living security for their children, take care of the children's physical and mental health, and to protect their rights and interests."Education"Refers to the family education, the parents in the family has the responsibility for basic education in Germany, wisdom, body of children."Minor children"Is not full18Years old children. (2) adult children obligation to support and assist their parents."Support and assist"Refers to the adult children are unable to work or have the ability to work but life difficult parents, to provide basic living conditions, take care of their responsibilities of life. (3Violation of the freedom of marriage is prohibited)."The freedom of marriage"Refers to the marriage parties have the right to decide their own marriage problems in accordance with the provisions of law, not subject to any other person, any organization of coercion and interference. Marriage freedom includes freedom of marriage, including the freedom of divorce. (4) banned elder abuse, women and children."To abuse"Refers to the life, body, spirit of old people, women and children were destroyed and victimization. According to the provisions of the criminal law, violation of the freedom of marriage and maltreatment of old people, women and children, vile, constitute a crime, need to bear criminal responsibility.

 

Article fiftieth The people's Republic of China protects the legitimate rights and interests of overseas Chinese, protect the lawful rights and interests of Returned Overseas Chinese and their relatives.

Interpretation. This article is about the protection of overseas Chinese, returned overseas Chinese and relatives of the rights and interests of the.

To protect the legitimate rights and interests of overseas Chinese, protect the lawful rights and interests of Returned Overseas Chinese and their relatives, is the Chinese government's usual policy."Overseas Chinese"Refers to the Chinese citizens living abroad, on the basis of the nationality law of the people's Republic of China enjoy Chinese nationality."The rights and interests of the"Is in accordance with international law and international practice, China's overseas Chinese living abroad shall enjoy all rights and interests."Returned overseas Chinese"Refers to the overseas Chinese who returns to china."The family members of overseas Chinese"Refers to the overseas Chinese, returned overseas Chinese and relatives at home, including overseas Chinese, returned overseas Chinese spouses, parents, children, and their spouses, brothers and sisters, grandparents, grandparents, Sun Zinv, Yang children, as well as family members of overseas Chinese, the other relatives who have long-term dependency relationship. The legitimate rights and interests of Returned Overseas Chinese and their relatives, refers to the returned overseas Chinese and their families on the basis of the Constitution and law of the civil rights, and the state according to the actual situation and the characteristics of their special rights and interests, the. To protect the lawful rights and interests of Returned Overseas Chinese and their relatives, China has formulated the law of the people's Republic of Returned Overseas Chinese and their relatives in the protection of specialized "".

 

Article fifty-first Citizens of the people's Republic of China in the exercise of rights and freedoms, must not harm national, social, collective interests and other legitimate rights and freedom.

Interpretation. This article is about the shall not abuse the rights and freedom of citizens.

Any citizen's rights and freedom means that citizens can do legal permission to do things. Rights must be based on the provisions of the law can be achieved, the same rights, only on the basis of law enforcement, it is protected by the state. Beyond the law to exercise their rights and freedom, we must destroy the legal order, harm to the state, the collective and the legitimate rights and interests of other citizens. Therefore, the provisions of this article, citizens in exercising their rights and freedoms, must not harm national, social, collective interests and other legitimate rights and freedom. Also that the citizens in the exercise the constitutional and legal rights and freedoms, must not harm national interests, social public life interests and collective interests of the organization, and shall not harm the lawful freedoms and rights of other citizens. Any harm national, social, collective interests and legitimate rights and freedom of citizens of other behaviors, harmful consequences caused certain, shall bear the corresponding legal responsibility.

 

Article fifty-second Citizens of the people's Republic of China is to safeguard national unity and solidarity of all nationalities in the country's obligations.

Interpretation. This article is about the citizens have provisions to safeguard national unity and the unity of all ethnic groups of the obligations.

A, safeguard national unity

To safeguard national unity is a basic obligation of citizens. The unification of the country included in the aspects as follows: (1The unified national territory). The national territory, territorial waters, airspace is full unity of the people's Republic of China, which belongs to all. Complete ownership and the jurisdiction of the people's Republic of China enjoy, no damage and split. (2The unified state). The government of people's Republic of China is the sole legitimate governance China national government, no person shall divide the country regime, the unified failure state. (3The unified national sovereignty). The people's Republic of China enjoy treatment to their stand on one's own internal and external affairs, are not subject to any foreign power or other intervention. No person shall in any way uniform damage to national sovereignty, the national sovereignty belongs to foreign domination.

Two, the maintenance of national unity

The national solidarity, is the basic condition for the common development of all ethnic groups and prosperity. Between each nation should promote mutual love, mutual understanding, mutual. To safeguard national unity is the relationship between citizens have the responsibility to safeguard the nation equality, harmony, harmony and cooperation. No person shall any form of ethnic disputes, undermining national unity.

 

Article fifty-third Citizens of the people's Republic of China must abide by the Constitution and the law, keep state secrets, protect public property, observe labour discipline, observe public order, respect social ethics.

Interpretation. This article is about the citizens to comply with the law, discipline and public order, protect public property, shall keep secret and respect social morality obligation.

The provisions of the obligations of citizenship are the following: (1) abide by the Constitution and the law. (2The conservative state secrets). The state secret refers to the national activities, should not be released secret documents, and to disclose the secret information, secrets and secret. The conservative state secrets, is to strictly protect state secrets not leaked, prevent hostile elements at home and abroad to steal State secrets, prevent all kinds of personal disclosure, lost state secrets. In order to guarantee the state secrets not leaked, China has developed a secrecy law, and in the criminal law of the crime of leaking state secrets act imposes criminal liability. (3) take good care of public property. Public property refers to all the state property and collective property. Protect public property includes two aspects: one is any person must cherish and protect state property and collective; two is when the public property damage, threat and danger, any citizen has the responsibility to protect, defend and maintain public safety. (4) to comply with labor discipline. Labor discipline refers to the common social labor, workers must abide by the labor rules and regulations. (5) comply with the public order. Public order is formed by law, discipline and moral habits of the social life of people to abide by the standards of conduct. Including public order, traffic order, work order, social order and people's life in order. Harm the social order of our criminal law and the regulations on administrative penalties for public security for all kinds of behavior prescribed punishment. (6) abide by social morality. Social morality is the general people to abide by public morality. Including discipline, polite, pay attention to health.

 

Article fifty-fourth Citizens of the people's Republic of China to safeguard the security, honour and interests of the obligation, not to harm the security, honor and interests.

Interpretation. This article is about the citizens to safeguard national security, honor and interest obligations.

National security, honor and interests is the fundamental guarantee for safeguarding national political stability and citizens to exercise their freedoms and rights according to law. Therefore, to safeguard national security, honor and interests is the obligation of every citizen. According to the provisions of this article, the citizen shall not for any reason, in any form, infringement, damage and endanger national security, honor and interests."Homeland Security"Refers to the people's Republic of China's national security. It mainly includes: (1) national territory, sovereignty is not violated (2) by not threat to national regime (3) national social order is not destroyed (4The state secrets are not revealed)."The glory of the motherland"Refers to the people's Republic of China national honour and dignity. It mainly includes: (1) the dignity of the country are not violated (2The country's reputation is not damaged);La(3) of ChinaThe endFamily honor unwounded (4) the country's reputation is not insulted."The interests of the motherland"Refers to the people's Republic of China's national interests. The scope of national interests is very extensive, external mainly refers to the rights and interests of national political, economic, cultural, and other aspects of the honor; mainly refers to the relative to the interest of the individual and the collective interests. The behavior is not endanger national security, honor and interests and legal liability, criminal law, national security law has made provisions.

 

Article fifty-fifth The defence of the motherland, the people's Republic of China is the sacred duty of every citizen to resist aggression.

Military service in accordance with the law and is the glorious duty of citizens of the people's Republic of China to participate in the militia.

Interpretation. This article is about the citizens have to defend the motherland, military service law obligation.

National security, territorial integrity and sovereignty, related to the right of all people and freedom can be realized, in relation to the reform and opening up and socialist modernization construction can proceed smoothly, matter to the Chinese nation of vital importance, therefore, resist aggression, defend the motherland, is the glorious duty of every citizen's bounden."Defend the motherland"Refers to defend the country's territorial integrity, sovereignty, political unity and defend the dignity of the country."Resist aggression"Refers to resist resist foreign and other external forces on the Chinese territory of illegal intrusion.

Direct way for citizens to defend the motherland, resist aggression is military service and join the militia. Military service including in Chinese people's Liberation Army and people's armed police forces Chinese. The militia is not out of the armed organization of mass production, is China people's Liberation Army's assistant and reserve force. Military service, is a glorious and sacred duty of citizens of the obligation to join the militia.

Since the civil service, join the militia obligations, is to defend the motherland, resist aggression, consolidate the major matters of national defense construction, therefore, must be prescribed by law. At present, China has formulated the national defense law, military service law, the people's Liberation Army active duty military service regulations, the people's Liberation Army soldiers in active service service regulations, reserve officers law, PLA officer rank regulations, militia work regulations and a series of laws and regulations, the sacred duty of citizens to defend the motherland, resist aggression, and military service in accordance with the law, to participate in the the militia system made detailed provisions. According to the provisions of the military service law, military service obligations refers to the citizens of the people's Republic of China regardless of nationality, race, occupation, family background, religious belief and education, have the obligation to serve in the army, however, serious physical or serious disability is not suitable for military service, exempt from military service; in accordance with the law to be deprived of political the rights of the people, not in the army.

 

Article fifty-sixth Citizens of the people's Republic of China to pay taxes in accordance with legal obligations.

Interpretation. This article is about the citizens have the obligation to pay tax in accordance with the provisions of the law.

Tax is the state to achieve its functions, by virtue of political power, by the tax authorities according to legal proportion to the citizens or enterprises and institutions forced, monetary and physical behavior of free of charge collection. It is characterized by mandatory, voluntary and legal. In class society, any of the rulers should establish a national authority, to achieve its ruling function. And the establishment of national regime, hiring civil servants, we must have all the expenses. Maintenance of state machine the normal operation of the funds must be composed of elements of a country including citizens and all kinds of production and operation organizations pay. In the exploiting class ruled the country, tax is the heavy burden of people, is the exploiting class to rule the people means. In the socialist countries, all state power belongs to the people, the people of state power organs at all levels through elections, instead of people to exercise the right to be in power. The state authorities and other public service function mechanism, duty is serving the people. In order to realize the function of serving the people, to the appropriate number of expenses, thus needs to establish the tax system, tax its citizens. But the basic principle of Taxation of socialist countries is taken from the people, for the people. Citizens pay taxes to the state, is the necessary condition to realize the functions of the state of the people's democratic dictatorship, is a glorious duty.

As an important duty of citizen, matters relating to tax citizens must be prescribed by national laws. Why taxpayers must matters prescribed by law? On the one hand, the tax is a serious and steady state activity, has the very big compulsory, free and authority, therefore, must have a very high-level legal provisions. On the other hand, is the most important, because the tax relates to all citizens and compulsory tax unit of property rights, therefore, the creation of the tax law, the provisions of the tax authority shall belong to all the people or elected by the people's representative body. In capitalist countries, decided to tax is an exclusive authority of Parliament, in the early days of British capitalism, there is"No representative no tax"Statement. In Britain, Parliament enjoy financial power, taxation must pass through the consent of Parliament, is one of the basic constitutional principles. American and French constitution had stipulated, the parliament is the only organ decides to tax.

In our country, the tax authorities shall determine the National People's Congress and its Standing Committee. According to the provisions of this article, only the law can provide citizens with the obligation of tax payment. The legislation law article8Provisions, exclusive legislative authority in matters relating to the tax system belongs to the NPC and its Standing Committee, which can only make the law regulations. At present, China has developed or revised the law on the administration of tax collection, the individual income tax law and other laws, the citizens of our country tax obligations.1984Years of NPC Standing Committee decided to authorize the State Council, in the period of economic system reform, reform of tax administration and issued the relevant bill trial. Therefore, according to the State Council authorized to formulate certain civil tax liability of administrative regulations. But in the accumulation of experience, the conditions are ripe, the tax system still should be made by the NPC and its Standing Committee law provisions.