Restricted The Freedom Of Public Rights Perspective Of Institutional Guarantee

As a basic human right, Personal liberty is the basis for citizens to enjoy and exercise of other liberties. Therefore,"Universal Declaration of Human Rights","International Covenant on Civil and Political Rights", Regional human rights conventions as well as Western constitution and so on to protect personal liberty made a more detailed provisions.37of our Constitution also provides:The personal liberty of citizens of the People’s Republic of China is inviolable. Any citizen from arrest without the approval of People’s Procuratorate or the decision of the people’s court, and the execution of the public security organ. Prohibit the unlawful deprivation or restriction of citizens’ personal liberty by detention and other methods. Prohibit the unlawful search of the body of citizens. Protection of personal liberty does not mean it is not subject to restrictions in any case. With the other liberty, personal liberty is relative freedom within the law. In order to safeguard national security, public interests and protect the legitimate rights and interests of other citizens, the state power could restrict personal liberty. However, due to the expansion of power, if the power is unlimited, it is bound to civil rights violations. The relationship between state power and civil rights is that state power from the civil rights and should protect citizens’ rights against illegal restriction and deprivation, rather than violations of civil rights.Therefore, national authorities should follow the principles that Subject is the law, Legal reservation, Legal priority, Proportion and Due process of law, and when it restrict of personal liberty. Only statutory public authority could restrict personal liberty in accordance with the provisions of the law under normal circumstances in China. The present stage, due to constitutional review, judicial review, administrative procedures and other reasons on the system level, illegal restriction of personal liberty of the state power often occurs in practice and it had a negative social impact. This article discusses the problems of personal liberty of the security system in China, and a perfect way.This article is divided into a total of five parts. The first part includes the concept and the nature of personal liberty, and the need of protection. The second part is the main provisions on the protection of personal liberty. It include the Constitution of the provisions of China’s current constitution, international conventions and the West constitution, as well as the comparison of the provisions of our Constitution and international conventions, Western constitution of personal liberty. The third part discusses the principles and methods of our public power restriction of personal liberty. It mainly includes the relationship between the protection of personal liberty and personal liberty of lawful restrictions, the legal principles of the restriction or deprivation of citizens’ personal liberty, and the methods of China’s public power to restrict personal liberty. The fourth section discusses the situation that illegal or improper restriction of personal liberty by Public Power. It mainly includes China’s existing phenomenon that illegal violations of personal liberty by Public power, Analysis of reason for the existence of violations of personal liberty. The fifth section discusses the Security System of China’s personal liberty.