China's existing in the issue of protection of the constitutional rights of citizens

ZhuToEast

Abstract: the rights of citizens is the foundation of state power. Protection of the constitutional rights of citizens is the rule of law the weight

To the target, is the premise of people be in power, is the guarantee and restriction of state power system. Based on fully

China is in the protection of the constitutional rights of citizens of the achievements, objectively points out the existing question

Questions. Mainly: the current relevant civil rights legislation coarse, poor operability; some legislation unconstitutional,

The legislative blank lot ineffective; the constitutional rights of citizens protection law, problems.

   The constitutional rights of citizens is the basic constitutional rights "provisions". It is the foundation of state power, is the premise that people be in power, which is to restrict the state power, curb political corruption system. The constitutional rights of citizens and the United Nations Convention on the rights of similar content, basic consistent, therefore, protection of the constitutional rights of citizens is the guarantee of human rights. So the degree of realization of the constitutional rights of citizens reflect a country's level of civilization and the rule of law, protection of the constitutional rights of citizens, is an important goal of the rule of law, but also an important content of building a well-off society. China's "constitution" provides for equal rights, the right to vote and be elected, speech, publication, assembly, association, parade, demonstration of freedom, the freedom of religious belief, the right of personal liberty, the right to human dignity, the right of residence and other 30 kinds of civil rights.

   The "constitution" promulgated and implemented over 20 years, our country gained the success that attract worldwide attention in the protection of the constitutional rights of citizens. The NPC Standing Committee formulated the "election law", "law of succession", "State Compensation Law", "labor law", "Education Law", "law on the protection of the rights and interests of the elderly" and "the law on the protection of minors" and a large number of the protection of the constitutional rights of citizens of the law, the constitutional rights of citizens of the judicial relief system in more and more perfect, China's accession to the "International Convention on Civil and political rights" and "International Convention" economic social and cultural rights, the protection of human rights has year after year progress. However, compared with the nature of constitutional rights of our citizens and the people's expectations, and the requirement of the socialist system, and modern rule of law society, there is not a small gap, there are many not just as one wishes.

   (a) the current legislation is coarse, poor operability

   1, the right to receive education is "the constitution" stipulates that the forty-sixth civil rights. Although China has promulgated the "Compulsory Education Law", "Education Law", "Higher Education Act" and a set of laws and regulations, but because the legislation is coarse, operability is poor, therefore, is still difficult to guarantee the citizen's right to education. Chen Xiaoqi Tengzhou City, Shandong using the name of Qi Yuling school a case is typical. (Qin Chuan "the first national education infringement case settled" load "daily worker" in August 28, 2001 Sixth Edition) for example, compulsory education, should be free education, it is the duty of the government. Because of the lack of government investment in education, school funding even teachers' salaries are unable to guarantee, which is bound to the burden to the parents of the students body, lead to the school charges repeated, resulting in poor families children drop out of school, out of school. At present, China's migrant farmers more than 90000000, with about 2000000 children. (Zhao Beibei "Compulsory Education: not one less" load "people's Daily" in July 31, 2003 Fourteenth Edition) city in the dirty, the most important, most tiring job are migrant workers do, they made indelible contribution to the construction and development of the city, but their children go to school but difficult. In the study of primary and secondary school city, what Jiedufei, donate money...... The lion big mouth, can not play; he sponsored a school for children of migrant workers and was officially regarded by banning illegal school. ("migrant children school is anxious:" load "people's Daily" in July 31, 2003 Fourteenth Edition) Moreover, college entrance examination scores before the problems of inequality, take an examination of Tsinghua University, Peking University, Beijing examinee 500 points on the line, but the Hebei examinee 650 points. The problem of candidates around and NPC deputies, CPPCC members called for decades, not the slightest effect. (we call "fair competition" load "Yanzhao Dushi Bao" in August 24, 2001 Fifth Edition)

   2, labor right is an important right "constitution" stipulates that the forty-second citizens. It includes the right of labor and employment, the right to rest, the right to receive remuneration, labor protection, production safety etc. Although China has promulgated the "labor law" and relevant laws and regulations, but because of the imperfect legislation, incomplete and lack of rigidity, therefore, labor rights protection issues more. The right to social security, it is a legal right of every worker, but in many private enterprises and migrant workers as the main body of construction enterprises do not pay inductrial injury, medical, unemployment for workers, endowment insurance. Infringe laborer problems are also prevalent in the private economy and the "endowment" enterprise. In Guangdong Province, Zhongshan City Heng lighting factory workers of Sichuan, above, work at least 12 hours in May 25, 2000, the factory director to "suspected of stealing" factory production material name, will be 19 workers held in the workshop, with batons, iron pipes, wooden beatings, torture for 16 hours. (Zheng Degang "who will protect their rights? "Carrier" people's Daily "in June 20, 2000 Tenth Edition) in Henan girl Baigou individual bags factory of Gaobeidian city Hebei province" day and night work, work, sleep 4 hours a day sleeping on a winter, don't take off a woolen sweater and pants......" (Zhang Wenduan, Wang San has been "Baigou working girl passed the point of no return" load "Legal Daily" in March 31, 2002 Fourth Edition) in recent years, violations of labor remuneration right issues are also very prominent. At the beginning of 1999, Shenzhen City, inspected 7676 enterprises, 1516 enterprises wage arrears amounted to 95670000 yuan, of which, Hong Kong and Macao enterprises and individual enterprises accounted for 38% and 18%. ("nearly a yearWages also soon "load" Legal Daily "in January 21, 1999 first edition) according to the survey, migrant workers were owed wages accounted for 55%. In 700000 Beijing rural construction team was in labor costs 3000000000 yuan. (Ma Guoying "migrant workers in construction industry" carrier "people's Daily" scan fourteenth edition January 16, 2003) according to the statistics of the ACFTU, in 2000 a total of 366 "wage arrears 900000000 yuan. (Luo Jinping "to the Spring FestivalThey have no money to go home "load" workers of Hebei "in February 9, 2002 second edition) according to reports, the current national migrant workers were owed wages is estimated at 100000000000 yuan, the construction enterprises in arrears of wages of migrant workers accounted for 70%. ("the hundreds of billions of dollars in arrears of wages of migrant workers" load "people's Daily" in December 7, 2003 Fifth Edition) some workers hard work one year, with no money, want to go home to have the Spring Festival even the tolls are not. In the discussion under the condition of the fruit, some migrant workers were forced to take drastic action (extreme) -- January 8, 2002, 16 days, 20 days respectively, several workers climbed the forty or fifty meter high tower in Shenzhen, Guangzhou, require companies to pay the arrears of wages, or jump. (You Chunliang, Li Yong "don't owe us money" load "Legal Daily" in January 23, 2002 first edition) labor protection, production safety is the legal rights of workers. However, some business owners be reckless with greed, to seize the high profit regardless of laborers. In recent years, occupation disease artificial rose rapidly, Guangdong Province in 2002 2001 -- only found 24 kinds of new occupation disease. In 2002 July in Guangdong Province, Dongguan City, a shoe factory (Taiwan funded enterprises), according to the complaint once found 27 women - hexane poisoning. (Xiao Wenfeng, "who let their poisoning? A shoe factory workers -- dialysis Guangdong poisoning "carrier" Hebei daily "in July 15, 2002 Fourth Edition) in Xuchang County of Henan province to work in Hebei Baigou bag factory a few girls due to benzene poisoning patients with aplastic anemia and died. (Zhang Wenduan, Wang San has been "Baigou working girl passed the point of no return" load "Legal Daily" in March 31, 2002 Fourth Edition) in recent years, due to some business owners and local officials ignore the workers' life safety accident casualties, industrial and mining enterprises dozens, hundreds of frequent occurrence. Only 2003 years two months, industrial and mining enterprises 1417 casualties, the death of 1639 people. The expert thinks, the vast majority of casualties can be avoided. ("the first two months of the accident more than 17 plays the" load "people's Daily" in April 4, 2003 second edition)

   3, access to national compensation right is a basic right "provided for in the third paragraph of the forty-first constitution" by state organs and their staff the infringement of citizens. Although China has promulgated the "State Compensation Law" in 1995, but due to unreasonable design of the system, although the infringement of citizens of the state organs have occurred, but the victim state compensation is very difficult. For example, the Gansu provincial government fiscal year to train 2000000 yuan as the "State Compensation Law" of the expenditure for compensation. But since 1998, the fund remains unclaimed. (Zhang Mingdong, Luo Chengzhi, "this should not be zero records" contained "Legal Daily" in December 30, 1999 first edition) according to the third national administrative reconsideration collaboration will say: should to the applicant with the administrative compensation, to make an administrative reconsideration decision, not a decision of administrative compensation. A considerable part of provinces and cities specifically for administrative compensation funds, most no use, but to transfer funds to the administrative compensation fiscal year. ("Officials one another. stillAdministrative compensation is too difficult -- an administrative reconsideration case quality not high ") load" Legal Daily "in July 26, 2002 Third Edition)

   4, the right to vote is "a political right constitution" the provisions of article thirty-fourth of the citizens, the election of people's deputies is the basic way of citizen be in power. China's "election law" the legislation is coarse, lack of democracy, openness, normative and operational, it is difficult to guarantee citizens the right to vote. I have the voting age has been 30 years , according to the law, at least should be participated in the 6 National People's Congress election voting, but actually not once participated in disguised form, be deprived of the right to vote. Citizens cannot directly exercise their rights in the universal. On the base, the pupils choose deputies to the NPC is not a fresh thing. (Liu Haiqi "pupils choose Deputies" load "Legal Daily" in December 14, 1997 first edition) students in the National People's Congress votes, the candidate to "Sun Zhongshan", "Mao Zedong", "Sun Wukong", will become inured to the unusual. How many voters know, the National People's Congress candidates come about? Deputy to the National People's Congress who elected? Who on behalf of the exercise of state power by yourself?

   (two) some legislation unconstitutional, legislative blank lot

   We often made many method to express the legal construction achievements, such as newspaper reported a session of the National People's Congress of the National People's Congress made since many laws, the State Council made many administrative regulations, all developed many local regulations. At all times and in all countries history has proven: method of "good", "bad", is not the more the better. Restrictions on civil rights, increase law obligations of citizens, constitution rights and freedom is restricted, even will come to nothing. Such as "election law" provisions: the population County, province, representatives of the National People's Congress by the number of people in rural areas are each represented by 4 times the city represented by each proportional allocation. In other words, people have higher political status than farmers. This and the "constitution" to establish the Civil Equality Rights of conflict, it is not conducive to reducing the "three differences", it deepened the divide in China two yuan society in legal form. Indeed, the 1918 Lenin presided over the drafting of the "constitution" the Soviet Union had similar provisions, but it is by the specific historical conditions -- the first proletarian regime unstable, domestic and foreign asset class against class struggle is fierce, cruel. The Soviet Union in the completion of the socialist transformation of the ownership of the means of production, the consolidation of the regime established in 1936 after the Soviet constitution, "" on the provisions of farmers and public inequality. Therefore, China's "election law" provisions of the retention of inequality, is unconstitutional, is be inopportune or inappropriate. As for "demonstration law" should be refined to specific procedures, safeguards the citizen rally, parade, demonstration of constitutional rights. But because of "demonstration law" set a strict administrative examination and approval procedures, and the lack of judicial review procedure, the competent department of the government is not granted, the applicant. Therefore, this method is equivalent to depriving citizens assembly, parade, demonstration of constitutional rights. "Demonstration law" enacted over the past 10 years, the writer knows, a parade, demonstrations are not approved. Even in 2003 March the world held against the Iraq war demonstrations, only Chinese are not anti war demonstrations, as if China people lack a sense of justice, and low Conscientiousness, doesn't love peace like? As the attention of Sun Zhigang abnormal death case. Its legal origin is in 1982 the State Council administrative regulations "city vagrants and beggars detention and repatriation measures", according to regulations, civil affairs and public security organs have the right to housing and repatriation object of compulsory administrative measures. The law violated the "constitution", "constitution" the thirty-seventh stipulation: citizen personal freedom shall be inviolable. Any citizen without approval of procuratorate or decision or a court decision, not subject to arrest, unlawful detention and deprivation of the other illegal ways and limit the personal freedom of citizens. At the same time, the regulations also violated the "provisions of the legislation law" article eighth: mandatory measures and penalties restricting personal freedom can only be set by law. Approved by the State Council on 1982, issued by the Ministry of public security "reeducation through labor" Trial Measures for public security organs to be labour object the power to take coercive measures, the regulations is contrary to the "constitution" of thirty-seventh and "provisions of the legislation law" article eighth. In 2003 June, the three session of the ten National People's Congress of Jiangsu province has revised "Regulations" temporary population management in Jiangsu Province, removed "non marriage certificate coed" clause. (He Xiangdong "the return of the rights of citizens" load "Guangming Daily" August 1, 2003 C3 Edition) so, before the amendment, some clause limits or violated the constitutional rights of citizens. In the Department of legislation and local legislation in violation of the constitution "," civil rights violation problem is not the individual. Some self provided, excessive approval, fees, fines project. The State Council has set up a total of 65 items of administrative examination and approval departments of the administrative examination and approval items of as many as 4100, the abolition of the first batch of 789. (Wang Jinfu, Li Bin, Zhang Xudong, "a government self Revolution -- on the State Council announced the first batch of 789 items for administrative examination and approval as" carrier "Hebei daily" in November 5, 2002 Third Edition) collect fees, fines project in the form of legislation to set up more. The excessive, indiscriminate approval, fees, fines project, not only violates the constitutional rights of citizens, but also encourages corruption, hinder the development of economy and society.

   Due to the protection of the constitutional rights of citizens has many blank, therefore, to achieve some of the constitutional rights of citizens is more difficult, higher frequency of infringement problems. For example, the right to equality: it is a farmer and citizen inequality. In addition to previously mentioned to vote, the right to education of farmers and public inequality, in employment, pre employment training, to obtain material assistance, social security and other rights, the countryside is a forgotten corner. In the household registration management, such as public, farmers are subjected to discrimination. The provisions of the three organs of province in 2002, Shandong county city, the recruitment of civil servants, rural youth can only apply for organs at the county level. In other words, farmers have no qualification to the city, the provincial officials. (Wang Shao - "farmers to the city official" can load "Legal Daily" in August 25, 2002 second edition) no wonder the Tsinghua University professor Qin Hui called for: the farmers when citizens view! The two is the outsiders and the people of Beijing and inequality. In recent years, the central state organs of civil servants recruit as long as Beijing accounts, not foreign accounts, seems central belongs only to the people of Beijing, only Beijing personnel qualified in the central authorities official? The three is Chinese and foreigners are not equal. According to the "constitution", its citizens have more rights than foreigners. But in real life, the foreign investment of China (Overseas) capitalist had more privileges than China people. Many in their own local dare not do such as deduction of wages, forcing workers to work overtime, random search, corporal punishment beatings, insults personality, let workers workers poisoned with insurance operations, in China, can do what one wishes without restraint. In 2001 May, a country girl Xiao Li to the manager of the Beijing a foreign enterprise foreigners home as a babysitter, in less than 48 hours were 3 foreigners rape. Mary for help no one should, jumped from the balcony and fell to pelvic fractures escape. However, Xiaoli alarm, police believe foreigners manager but don't believe Xiaoli, the foreigner manager be still unpunished. (Hu Jianhui "this is Mary's sad? "Carrier" Legal Daily "in July 29, 2002 Seventh Edition) four is a Guan Min inequality. The brewery workers stealing a bottle of beer will be expelled, the director does cross a business so remote an official. In Kunming 10 prostitution female students was sentenced to 1 to 4 years, but these girls by deputy hall level government officials, the chairman of the company managers are sent thousands of quick money. Once Zishi "(the who board? "Carrier" Legal Daily "in February 4, 2002 Fifth Edition) is also a crime against civilians," the law, be strict in enforcing the law, "law enforcement authorities to the whole; officials there were protective layer, the first party discipline, disciplinary, after finally justice, each by the leadership approval, leadership is not batch of big sin also no one dare to check. The same crime, amount to hundreds of thousands or even tens of thousands of civilians, head will be cut off; official corruption, bribery Jibaiwanshuqianwan can save a life! People often in the severeness and speed of the hard struggle is aggravating, the corrupt officials never severeness and speed blow off. Officials often give people set such obligations, and for the performance of bad or difficult to perform and punish them; but the officials only to enjoy the benefits of little power, dereliction of duty, malpractice responsibility.

   Criticism, suggestion and complaint, accused, the right of accusation is "the basic constitutional rights of citizens" forty-first. This provision, citizens have the criticism and suggestion on any state organ and personnel rights; to any state organ and its personnel illegal misconduct complaints, charges or complaints rights; no one may suppress and take revenge. But due to the reasons for the gaps and system on legislation, the constitutional rights of citizens or luxury. Ask: in the absence of personal security situation, who dare to criticize, impeach officials accused, and officials, it is not cuss's head? Don't you see: Hubei province Jianli County Board township party secretary Li Changping just said some truth to the leadership of the State Council, reflect the "three rural issues", in the hometown of indefensible, had to leave their background to work in Shenzhen. (Liu Haiming "the truth" load "Legal Daily" price in December 4, 2000 Fifth Edition)

   The data show that: in the Supreme People's Procuratorate, procuratorial organs placed on file for investigation cases, accounted for about 80% of the report from the masses. At the same time, 70% of the report were subjected to varying degrees of take revenge, some is the deduction of wages bonus, some were switched jobs, some were expelled from the government, and some even killed, such as Shangli Jiangxi town of Pingxiang city in 1990 export fireworks factory car driver Liu Kunfa for inspection for corruption, bribery director was killed. (ice bin "informants" open umbrella carrying "daily worker" in December 25, 1996 Fifth Edition) in Xuecheng District of Zaozhuang City, corruption Shandong a middle school teacher and a reporter to expose the director of the education committee, reporters were "approval to three years of hard labor", teachers are "suspended", "party serious warning" punishment. (Zhang Heping "report by the detention" load "Legal Daily" in January 18, 2002 first edition) Henan Pingdingshan City Secretary of the original Committee Li Changhe will expose his Lu net a jail, Lu net is the provincial high court acquitted after review, Li Changhe afraid of Lv Jingyi continue to report him, just someone to kill Lv Jingyi couple, a result of Lu net seriously injured, his wife Zhong Songqin died. (Xie Dengke, Cheng root "guxiong murder of secretary of Pingdingshan Municipal Committee Li Changhe Fufa" popular network from December 6, 2001 China xinhuanet.com) in Hebei Province, Shijiazhuang City Project Construction Committee cadres Guo Guangyun due to impeach Cheng Weigao of secretary of provincial Party committee, was for 8 years take revenge, was expelled from the party, expelled from the government, through two years, various civil rights all gone! 10 years ago to take bribes about 10000000 yuan of Hunan Construction Engineering Group Deputy General Manager Jiang Yanping is investigated, the provincial people's Congress Chen Rongjie report Jiang Yanping letter published in the province's reference, Chen Rongjie to the Supreme Procuratorate report material, was transferred to the local settle a matter by leaving it unsettled. Until 1999, Chen Rongjie once again to the Supreme Procuratorate report, caused by the central leadership attaches great importance to and made instructions, makes Jiang Yanping punished. If no instructions of the central leadership, even 10 years, the longest time is hard to pin down the deputy department officials. Wantonly beaten, illegal detention of people hundreds of Shanxi Jiang county "three blind Dean" Yao Xiaohong, but is a section level cadres, who dare report him, he went to the Party Discipline Inspection Commission to report back material, if not the Xinhua News Agency reporters disclosed this matter to the attention of the central leadership in the cause of reference, I'm afraid this little section vice president still do as one pleases, run amuck. (Lin Yicheng "sorrow" ten years down a corrupt official "load" Legal Daily "in October 29, 2000 second edition)

   The experimental equipment factory Liaoning Chaoyang County was designated the Ministry of machinery factory for the production of product marketing at home and abroad, but in early 1990 to 1995 August was a sudden turn for the worse after the contract management, plant more and more poor, the director is more and more rich. The workers complain without the door, corrupt officials but. (Chen Zongshun, Gu Wei "who had the" rat "" load "daily worker" in May 1, 1996 Seventh Edition) in October 23, 1983, Chongqing City, the son of Li Yufen at home due to an altercation with check meter women, the police took away, death by torture to extract confessions. Reporters from 1996, Li Yufen appeal to the son, the house, the debt. In her 12 years to go to Chongqing 500 times, 18 times to Beijing to Chengdu, 12 travel 60000 km, issued a letter of appeal more than 1000 letters, written materials to 1 meters high, weighing more than 10 kg, black hair, but as of press time, her son not to. Li Yufen had to swallow a lot of sleeping pills Dutch act, the privilege of being neighbor discovery to come to the rescue. (Chen Zongshun "from black to white" load "daily worker" in January 6, 1996 Third Edition)

   In addition to the above example, the right to be elected, freedom of speech, freedom of the press, freedom of association, freedom of the person, such as the right to housing also exist legislative blank. Since there is no voting rights legislation, common people is difficult to obtain the equal right to hold public office, if there is no background, no cadre family background, it doesn't matter, not a lot of money gifts, no superhuman fawn on skills and get the recognition of leaders, to the high level of talent but also when not officer. Because of the lack of free speech rights legislation, so people often because of words convicted, news organizations will often expose corruption is corruption in the dock. Because of the freedom of association legislation blank, for a long time although the various aspects of our country farmer's legitimate rights and interests are violated, but they could not establish their own associations to safeguard their own interests.......

   (three) ineffective against the constitutional rights of citizens protection law, problems

   China has the world's highest proportion (official in our country is 1:30, Japan is 1:140), the huge state machine, the fine division of judicial organs, the largest number of police, judges, prosecutors. But law enforcement authorities to protect the constitutional rights of citizens of the ineffective obviously, on the contrary, the law enforcement and judicial organs infringe the constitutional rights of citizens of the problem is very prominent.

   1, property rights of citizens is a fundamental right of the constitution "" the provisions of article thirteenth, it is the legal guarantee of citizen's survival and development, but also the material basis of exercising other constitutional rights. But in real life, citizens property right violations can be found everywhere. For example, a man called Han Xin Transport Specialist, his truck was Shanxi, Shaanxi Province in 2001 "law enforcement" made 20 trips, was fined 600000 yuan. (Hou Zhaoxun "so law enforcement is like that? "Carrier" Legal Daily "in January 28, 2002 Seventh Edition) in an area 12 counties" only one county fiscal revenue careless, "" the rest of the county finance are run behind one's expenses, wages are difficult to have several county." What shall I do? "To the higher by one point, point to the bank, to the unit and a little below, to share a little." "The finance team to hundreds of people, and the various departments charge team at least thousands of people." Each department The Eight Immortals Crossing the Sea, made by various powers, bianzhuofaer charges. (He Junwei "no moneyCharges "load" Legal Daily "in March 26, 2001 Fifth Edition) Heilongjiang Kedong County is a poor county, the county people's Procuratorate to the" law "means each year to fine, each department issued fines indicators, at least tens of thousands, many hundred thousands of. Time is not long, a beautiful, luxurious office buildings built with fine income. Anhui province Lixin County Sun Miao Xiang 3 cadre masses, illegal detention of more than 200 legal education with the name, less than half the time as "township" fiscal revenue 160000 yuan. The township peasant poor jar bottom (the sun and the moon "so as to" law "become rich" load "Legal Daily" in February 5, 2001 Fifth Edition) the issued fines indicators, with fine hair salary, bonuses, subsidies to establish "small exchequer" idle away in seeking pleasure, as officials treat or gift funds phenomenon universal. (KingSun, Xi Bin "issued fines indicatorsLeadership in situ removal "load" Guangming Daily "August 8, 2003 C3 version"; Li Jing Tianjin Municipal Public Security Bureau to abolish the penalty index "carrier" Tangshan labor daily "in September 5, 2003 Fourth Edition) another encroaches upon the citizen property rights form is indirect -- random decision. Some party and government officials are keen to engage in some "big and complete", "Yang and", "new in order to be different" unrealistic "image project", "popular project", is essentially for their own promotion "political project", "the official tour project", "corruption engineering". These officials clap decision-making, pats chest to assure, clap bottom leave. Hundreds of thousands, millions, tens of millions or even billions people's hard-earned money down the drain, without any sense of guilt, also call "Tuition", the official to do likewise, kraft still blow. Henan Lingbao Yu Ling town in twentieth Century 90 time metaphase borrowing enterprises, engaged in the development, owe 100000000 multivariate "performance bond". Only the town each year out of nearly one million yuan of debts, pay off all the debts to 100 years. Some creditors tied with explosives, claiming not debt to blow up the town government office building. (Liu Shangfeng "who is" achievement "debt" load "Legal Daily" in February 25, 2002 Fifth Edition) officials making mistakes, they leave the win promotion and get rich, but to the people left a debt ass, what kind of logic is that? What do you call this logic?!

   2, the housing right is "constitution" stipulates that the thirty-ninth civil rights. "Wind, rain can enter, the king can not enter." Citizen dwelling house is a symbol of the private life of the carrier, the right of privacy. "A castle in each man's home is his". But in real life, there are violations of citizens the right to housing the cases. In late August 18, 2002 11 when make, 4 police in Yanan city Shaanxi District Public Security Bureau police station pagoda wanhuashan, masses report to someone "yellow dish" on the grounds of Ge Du Cun Zhang entered the home inspection. They don't wear caps, alarm, badge, conflict with zhang. In October 21st the bureau to "obstruction" by Zhang after detention, under pressure from public opinion "bail", "lifting bail." Although the end of the year, Baota District branch of the leadership has to Zhang the couple "apology", a one-time compensation 29137 yuan, but to Zhang's injury is difficult to erase. After 4 months, the original "healthy" Zhang has "become quiet, all be sleepy straws. ("who" yellow disc "case leave damage" load "Guangming Daily" January 10, 2003 C3 Edition) coincidentally, 2003 "yellow butterfly" event and the Henan edition. According to another report, Shandong Tobacco Monopoly Bureau of Zhangqiu City, valley, a citizen's residence and unlawful search of 11 households, in 2003 June by the court a guilty verdict. (Mao Lei "residential citizens inviolable" load "people's Daily" in July 30, 2003 Fourteenth Edition) and some law enforcement agencies do not respect the citizens right to housing, to enter into the who's who; hunting criminal suspects or fugitive, no order of priority, break into houses, sudden breaking and entering the quotidian.

   3, the right to human dignity is the "constitution" stipulates that the thirty-eighth civil rights. According to the available data, infringement of citizens' right of personality dignity situation can be roughly divided into three categories: one is humiliating. Peking University graduate student Zhang Feng in Hainan during the Japanese electronic company as a manager of public relations department, the Japanese boss ordered her to accompany the negotiation opponent to bed, after being refused, the Japanese boss immediately fired her. (Shi Shuen "my supreme -- from" 3 endowment "enterprise staff's soul cries" load "daily worker" in January 2, 1994 second edition) Shaanxi Xi'an City, Ms. Wang Huimin arranged for to help colleagues demobilization son, went to the provincial Civil Affairs Department demobilized soldiers resettlement office director Zhao Shao Min, Zhao Shaomin was in the office of violence. (Gao Xiaoyan "price of dignity -- Zhao Kai Wang Huimin couple Xiyuan record" load "daily worker" in January 11, 1997 first edition) two is insulting corporal punishment. Footwear Company Limited fly in Tianjin South Korean enterprises in Korea, because few women work slow, South Korean managers who made them both hands to hold the head kneeling in a row. In Fujian Putian a shoe company, under the scorching sun, a burly chap command several young workers, and sometimes like a dog to climb on the ground, and sometimes like a frog jumped wildly chaotic,...... (Shi Shuen "my supreme -- from" 3 endowment "enterprise staff's soul cries" load "daily worker" in January 2, 1994 second edition) three is inhuman treatment. Some of the "endowment" enterprise like prisons, the workers as a prisoner, the workers "as a talking machine." Gate three, grid around the toilet, the toilet will receive card. Every day to work more than 15 hours, the night without food, some workers fainted, inductrial injury, some cause lifelong disability. Fuzhou Taiwan funded Yongqi Footwear Company Limited was suspected of stealing girl Yumou to a dog cage, two big German shepherd dog cage. In November 19, 1993, Shenzhen Kwai Chung town to fire occurrence Li toy factory, the workers dormitory and storage of flammable warehouse together, the factory will be closed doors and windows, resulting in 84 women were burned alive. (Shi Shuen "my supreme -- from" 3 endowment "enterprise staff's soul cries" load "daily worker" in January 2, 1994 second edition)

   4, the right of personal liberty is the "constitution" stipulates that the thirty-seventh civil rights. At present, the personal freedom rights infringement of citizens are shown in the following several aspects: one is the illegal search. For example, Heilongjiang Harbin city "hundreds of employees long Matt" warehouse sell shopping malls are often security frisk, for fear of losing "rice bowl" no one dare to revolt. (Guo Yi "hundreds of people often searchNo one to adults "load" Legal Daily "in January 12, 2000 first edition) in 2001, Shenzhen Longgang district a Hanziqiye searched for 56 female workers. In August 6, 2002, Guangzhou Conghua Flagstaff Yongzhao diamond factory lost 4 Diamond semi-finished products, more than 80 workers were strip searched. (Che Xiaohui, Wang Pan "suspected of stealing more than 80 migrant was strip searched" load "Legal Daily" in August 24, 2002 Third Edition) two is extended custody. China's "criminal law" and the relevant judicial interpretations of the criminal suspect, the investigation, examination, the trial period has expressly provided, but the extended custody is quite serious. In 2002 March the Supreme Procuratorate to the five session of the nine national people's Congress work report, in 2001 the national procuratorial organs put forward written opinions on 66196 of the extended detention, but by the end of the year there are 7212 suspects and defendants were extendedCharge. 45 of them were extended custody for more than 5 years, 23 people have been extended custody for more than 8 years, Fujian Quanzhou City, Liu Laijin, Xu Duanming, Wang Huizhong has been held for 12 years (2002 to July). Extended custody is not less than the misjudged case, is the illegal detention of essence. (Mao Lei "extended custody is no less than the" load "people's Daily" misjudged case in July 31, 2002 Tenth Edition) three is illegal detention. In 2003 March 18, 19 occurred in the Sun Zhigang case in Guangzhou, can be said to be a typical case of law enforcement agencies of civil illegal detention of death. (You Chunliang "Sun Zhigang case in Guangzhou where" load "Legal Daily" 2003 June 6th First Edition) by media more, here without them. One after another the "virgin prostitution case also has the problem of illegal detention. Late on January 8, 2001, Shaanxi Jingyang County, Jiang Road police station and hired drivers went to a beauty salon Township, is a 19 year old girl watch TV Ma Dandan to police interrogation, want her to admit that prostitution. Ma denied the accusations, threats, intimidation, obscene, beaten and handcuffed to the basketball stand bar. Illegal interrogation, detention of 23 hours after January 9th, Jingyang County Public Security Bureau issued a "public security management punishment award," decided to Ma Dandan detention for 15 days to "prostitution" grounds. The girl Ma Dandan is written as "male" in the award, time was written after a month of February 9th. The Ma Dandan to hospital inspection and the Xianyang Municipal Public Security Bureau with the Ma Dandan go to hospital for examination, proved that she was a virgin, Xianyang City Public Security Bureau and undo the Jingyang County Public Security Bureau the wrong decision. (Chen Jieren: "Ma Dandan Tragedy -- Reflection on the virgin prostitution case law" in August 8, 2001 the embarrassment of sina.com.cn from China "Youth Daily") Ma Dandan case in spite of the national media, make known to every family, but the public security organs are not taking this as a lesson, learn a lesson. Some police still persist in one's old ways, only the disclosure of the media in 2002 "virgin prostitution case five or six, Henan Dancheng County, Zhang Cuiying, Henan Xinxiang County Jiangsu Yancheng City Xiao Mei, Jin Lei, Jiangsu, Guanyun, Shandong and Ji Haiyun Zhang Dan of Dongying City, and became a new Ma dandan. (Wang Chuanbao "public security police: should be a topic that must say" December 26, 2002 "Sohu sohu.com sight) and" virgin prostitution case concomitance is of every hue "prostitution" case. Such as the manufacture of the Chen family in August 3, 2000 in Chongqing City, Kaixian town police station of Changsha "College of prostitution" case, the victim is to take summer vacation Xi'an University of electronic grade 3 students Zhao Chuan. The defense team according to prostitution Miss identification, the innocent Zhao Chuan down to the police station, beaten, detained for 60 hours. The police station deputy political instructor openly said, according to identify the arrests, Miss fine, "this is our usual practice". (Qin Jian "college students" prostitution "grievance" load "Legal Daily" in September 1, 2000 Fifth Edition) and, in May 11, 2002, Hubei Huangmei county public security organs "Professor whoring death", the victim is home to Wuhan University of Technology master guide professor Shi Chengshuliang uncle funeral. ("prostitution" Professor death "doubt" load "Huaxi Dushi Bao" in May 24, 2002 twenty-sixth Edition) four is a torture to extract confessions. Torture to extract confessions is a commonly used method for some of the police and prosecutors handling criminal cases to obtain evidence, the unbearable will confess to false charges under torture, miscarriage. Torture to extract confessions lethal cases also often appear in newspapers. For example, as prosecutors torture to extract confessions, elm city youth of Jilin province farmer Li Zhongfu 3 years ago was a rape suspect, after a trial, appeal, retrial, were ultimately acquitted. But because of the case has been broken up in Li fu. (Xue Zijin "" presumption of guilt "inertia caused the tragedy of" load "Legal Daily" in April 1, 2003 Third Edition) again, the three time Wang Youen was sentenced to death. In October 7, 1994, the Mudanjiang River found a body, the public security organs only according to a irresponsible report, will Wang Youen as a suspect, and the couple for the king. 34 copies of the testimony of 24 witnesses were heard evidence, lawyers also defended for the king, but the court shall not be accepted. In fact is not clear, the evidence is insufficient, the Mudanjiang City Intermediate People's court has 3 times to manslaughter and sentenced Wang Youen to death, to shield Mi Qiaoling was sentenced to 5 years (3 years) in prison, so that they were jailed for 6 years and 1657 days. (see May 5, 2002 "Yanzhao Dushi Bao"; "Wang Qianrong" do you have any evidence to prove that you didn't kill anybody, "" load "Legal Daily" in May 20, 2002 Seventh Edition) and as, Shishou prosecutors torture to extract confessions. At the beginning of 1998 4, deputy director of the Hubei Shishou City procuratorate anti corruption Bureau Xu Fenglu, attorney Cao Guangrong, Liu Zhiming asked the vice director of the Municipal Power Supply Bureau Wang Chonggao, the king of death cause. (Wang Qinglin "Shishou 3 prosecutors was sentenced to" load "Legal Daily" in March 17, 1999 second edition) what's more, the Public Security Bureau of Shaanxi town in Yulin city of Sichuan police station solution Jing equal collective torture to extract confessions, killing innocent citizens, conclude the offensive and defensive alliance, falsifies the scene, the collective escape. (Zhang Shenghua "together with harsh torture to extract confessions death homicide case" load "Legal Daily" in May 3, 1998 first edition) media has repeatedly reported, the civilians to the judicial organs for questioning or service, stood in, lay out. Is really shocking, horrifying, provide much material for thought! ("why Wei Wenbiao stood in lay out" load "Legal Daily" in June 24, 2002 Fifth Edition) five is illegal administration. Xinle town Luoding City Guangdong in January 6, 1997 the main leadership of dozens of cadres to the countryside to collect arrears of farmers. Pine root villagers Huang Wenjian home with no working group to pay 506 yuan of money, the working group members will enter the yellow house will be a 14 inch black and white TV set and a recorder to move out of the old. Huang and the working group a scuffle, police shot and wounded a yellow thighs. In April 30th, the public security authorities on suspicion of "the crime of obstructing the" yellow Wenjian arrest. (Deng Xinjian, Faye Wong "Xinle town" load "agriculture related events occur vicious Legal Daily" in July 30, 1997 first edition) in August 8, 1998, just because requiring payment of 58 yuan, Zhejiang, Wenzhou city Sanyo township government forced the team to Cai Xiumei illegal detention, the next afternoon Cai died suddenly in the Township government. (Li Jianping "so" forced "law is not" load "Legal Daily" in November 18, 1998 second edition) in November 22nd of the same year Hebei without a very Guzhen County Deputy Secretary of the Party committee, deputy mayor and 12 to South Wang Cun Zhai Zhenqiang home levy 600 yuan scattered taxes, the town government cadres will Di illegally detained, beaten to death. (Shiji "under the tax illegal administrative village cadres for 600 yuan to a villager died" load "Hebei daily" in February 7, 1999 second edition)

   According to the "constitution" regulation, according to the purpose of the Communist Party, is the state organs at all levels and their staff's responsibility to protect the legitimate rights and interests of citizens, not fulfill these duties is the dereliction of duty, duty, is a betrayal of the fundamental interests of the people. According to reports, from 2002 August to 2003 July in Guizhou Province, Longshan Town, Longli County in 7 consecutive cases of robbery, rape, murder, public security organs have been the case not in for a year. In the village to the public security bureau to donate 6000 yuan, only 16 days to caught the murderer. In addition to storm an min is the responsibility of the public security organs, but became "the responsibility and obligation to victims of the villagers." (Wang Yiling "questioned" the villagers raise money case "" load "Legal Daily" in September 23, 2003 Eighth Edition), this is the right of appeal against the constitutional rights of citizens. If people have no wrong, if the grass-roots party and government cadres to solve problems, who eat a hold of time-consuming, laborious, costly to complaints? But some local party and government cadres but the petitioners as "residents", try various devices to prevent their petition. Such as the Jiangxi province Fengcheng city electricity limited liability company in order to prevent the workers petition, should send a written notice, the threat of withholding wages and fine: "to appeal to a fine of two hundred yuan, a fine of four hundred yuan for two times, three times for wage garnishment." (Chen Dong was "fine" load "petition Legal Daily" in September 23, 2003 Eighth Edition) farmer Liu Fumin because his wife and daughter abducted, find the police station to punish criminals, but was beaten. Liu Fumin to appeal for more than ten years, no one for him. He county secretary of politics and Law Committee, the Public Security Bureau, the president of the court, respectively, in Liu Fumin's petition materials made "to the Milky way for alien solution", "to the moon for the Secretary General processing instructions" etc....... (Pandora "pathetic" humor "" load "Legal Daily" in February 5, 2001 Fifth Edition) in the author's opinion, no compassion is not qualified person on their own kind, but also about what "public servant"? Just imagine: if the abducted wife victim is not ordinary farmers, but the county mayor, governor, Secretary of county Party committee, Secretary of the municipal Party committee, Secretary of the provincial Party committee, then, Secretary of politics and Law Committee, the Public Security Bureau, the president of the court will be the attitude? They dare to do?!

      (December 12, 2003) (zxd4474@163.com)