The Legal Protection Of Personal Liberty

Personal liberty is a basic human right and the premise of other rights enjoyed by modern citizens. "Security will help people to enjoy, such as life, property, liberty, and peace, and so the situation of stable or other values as much as possible to continue." Hobbs said:"The security of the people is the supreme law." Only enjoying personal liberty, people can ensure their smooth social activities and enjoy other rights and freedoms. In today's society, deeply understanding the substance and content of personal liberty and fully understanding the state bearing the responsibilities and obligations on the protection of personal liberty of citizens, citizens can advocate and protect their right to personal liberty, can exercise other fundamental human rights effectively.But in our country, on the one hand, the concept of human rights of the general public is faint, on the other hand, there is still a certain gap that our country is involving the legislation of protection or limits on personal liberty compared with the West country under the rule of law and the international convention. For example, in recent years, in China we have often heard about reports of violations of civil liberty. In judicial practice, illegal deprivation and restriction of personal liberty cases have occurred from time to time, resulting in an extremely bad social impact. The fact that these violations of personal freedom of citizens has sounded the alarm in protection of the right to personal freedom. How to provide effective legal protection of personal freedom has become the focus in China's legal construction. Although China has signed the " Civil rights and political right international convention ", in which a series of basic human rights of liberty have done a clear and detailed provisions, there is a clear gap that protecting personal liberty compared with international level. These gaps triggered our right to personal liberty and other basic human rights protection reflection. The author believes that there are many problems of protection of our personal liberty. The important reason is that the protection of right to personal liberty and other basic civil rights is mainly limited to the provisions in laws, lack of proper and effective relief system of personal liberty, the relevant legal system is not perfect, Lag behind the international trend of human rights protection, and can not adapt to the current stage of China's construction of the requirements of rule of law.In this paper, the author systematically expounded the theory of basic human right to personal liberty origin, as well as the world's major Western country ruled by law and international conventions to protect the personal liberty to conduct a comparative analysis of the legal system.. Focus on the constitutional level to explore the legal provisions relating to personal liberty, the author pointed out the problems in current laws system, and proposed the idea building remedies mechanism of personal liberty.Full-text is divided into three major parts. In the first part, the author described the nature and content of personal liberty, clarified the understanding of personal liberty, and pointed out dicussing the legal protection problem of personal liberty in the narrowest meaning, through summarizing the nature of personal liberty and defining the system of personal liberty. In the second part, the author explained the situation of legal protection of personal liberty in China, analysed the international conventions and other countries of the provisions on personal liberty, and made the reason analysis of present situation about protection personal liberty system. In the third part, the author elaborated on improving our system of legal protection for the concept of personal liberty, and mainly introduced the relief way of personal liberty-constitution lawsuit system.