| The right of residence freedom for citizens is that of citizens' housing rights do not subject to violations, which is recognized by the Constitution in every country. It is one of the fundamental rights for citizens, associated closely with personal security, freedom, independent and the family protection. It is an extension of personal freedom and personality freedom. Constitution in every country, as well as a few International Convention, has provisions on protection of citizens' residential freedom right. Article 39 in China's Constitution stipulates that "residential freedom right in People's Republic of China shall be inviolable. Prohibit trespassing or searching their homes without law permission" Constitution stipulates residential freedom right, and Criminal Code and other laws and regulations provides protection provisions on residential freedom right for citizens. This article is divided into three parts to discuss residential freedom right protection. The first part is an systematic introduction of residential freedom right. We can understand the content of residential freedom right better by comparison with other related rights. Through the power analysis of residential freedom right, we can clarify the connotation of residential freedom right protection. The second part is to introduce international and domestic relevant legislation for residential freedom right protection, and to present the principles and conditions of residential freedom right's restrictions as well as main types of residential freedom right's restrictions present in China. The third part is to discuss the existing problems on residential freedom right and to perfect residential freedom right protection system in aspects of legislation, law enforcement and judicial. In this paper, we discuss on residential freedom right and related problems with a view to achieve fully protection for residential freedom right, so that citizens enjoy this right better.
|
PDF Full Text Request