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Research On The Restriction Of Personal Freedom

Posted on:2017-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:G Z ZhangFull Text:PDF
GTID:2296330488460766Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Personal freedom, known as personal liberty or physical freedom or liberty inviolable rights. It refers to physical activity, the human body should not be restricted by illegal detention, arrest and other detention with a place without being forced. Restriction of personal freedom should not violate the essence of personal freedom as a basic right: One of the other rights as a prerequisite for the exercise of personal freedom, its limitations should follow the Constitution and laws, and should be subject to strict limits content; and must abide by the Constitution and laws reservations; and must follow a clear principle; you must follow the principle of proportionality, purpose and means to enable the limit to get harmony. It must abide by the law procedures to achieve fairness and justice. In our country, there are different classifications of the department law which is restricted by the personal freedom. The main types are: the constitutional limitation, the limitation of the criminal, the limitation of the civil law and the limitation of the administrative law. But there are legal gaps, loopholes, conflicts, lack of due process, lack of relief and other issues. Therefore, it is necessary to regulate the personal freedom of the restrictions, for solving the existing problems.
Keywords/Search Tags:Personal freedom, Restriction, Basic principle, Personal protection order
PDF Full Text Request
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