Civil Protection Of Personal Liberty

The oath "I would die rather than live without freedom",which has been handed down for thousands of years,illustrates how important the personal liberty is to all of us. Being as one of the most fundamental human right for a citizen,the right of personal liberty is the basis for a citizen to participate into social activities and enjoy other legal rights and interests. Nowadays,the personal right has been attached great importance constantly and extensively,so the right of personal liberty has been written in the constitutions and laws in many countries and protected completely by the laws. In China,the Constitution has clearly stipulated "The right of personal liberty of the People's Republic of China citizen should not be infringed." In the criminal law and some administrational laws,there are protection stipulations about the right of personal liberty. But there are no distinct regulations about the most fundamental human right in our civil law. That is not only the incompletement of legal protection system of the right of personal liberty,but also fails to directly and fully help the victims who have been infringed on the right of personal liberty. From the point of the studies of the civil law theory,in thousands of the academic papers of civil law which have been published openly up till now,only "The Infringement on the Liberty Right and its Remedy by the Civil Law",published on Studies in Law in the 4th issue in 1994,specializes in the civil law protection of the right of personal liberty. Although that has been touched on by other civil law works and textbooks,the contents are very limited. So the author selects that topic as the theme of the master thesis. The research ability and the interrelated materials are limited,but the author still wants to make some contributions to the studies of the civil law protection problem of the right of personal Liberty in China.Dealing with the civil law protection problem of the right of personal liberty,firstly we must clearly define the concept,content and range of the right of personal liberty. Otherwise,the studies of the civil law protection of the right of personal liberty would be like water without a source,or a tree without roots. As a result,the essay begins with the concept of the right of personal liberty. After analysing the concepts of freedom,liberties and the right of personal liberty which are often used confusngly,the author concludes the concept of the rightof personal liberty--a freedom of right which can freely control personal physicalbehavior,thinking activity and mental calm which can not be hindered by others within the range of law,to deal with confused state of the concept of the right of personal liberty in the current theoretical study. Its contents should include physical freedom and mental freedom. Man includes not only the outer physical part but also the inner thinking and mental part. As a result,the right of personal liberty includes the civil rights of free control of not only his outer physical behaviour but also his inner thinking activity. Owing to the difference of social attributes of different liberty right,the law protection forms of different attribute liberty right are different. So,which nature the right of personal liberty belongs to is directly related to how the law protection forms are. In this essay,the author illustrates its nature should belong to the concrete personality right. So,the behaviour of infringement on the right of personal liberty should be classified into the infringement acts and the actor who injured others should bear the related civil infringement responsibility. The infringement of the right of personal liberty belongs to the common infringement act. The conditions which can form the infringement on the right of personal liberty include the acts infringing on the right of personal liberty,the damages caused by infringing on the right of personal liberty,the faults caused by actors and the relationship between cause and effect. The actors should bear civil responsibilities like stopping...