Research On The Application Of Constitution Personal Liberty Clause In Civil Adjudication

The current civil jurisprudence documents show that there are tensions between the judicial application of this constitutional personal liberty clause and its normative role.In order to explore the theory behind it,based on the empirical evidence,this article will start the research with the 21 cases retrieved.According to the existing cases,the personal liberty clauses cited in the civil judgment play various functions for the interpreting other legal norms,making up for legal gaps,and expanding the interpretation to include the legal facts;on the other hand,the court is in the process of invoking and also there are many problems.The more prominent ones are the unclear understanding of the unconstitutional subject,the failure to follow the principle of"forbid escaping from the general rules",and the use of this provision has not formed a substantive effect on the referee's reasoning and referee results.Exploring the causes of these problems can be attributed to the facts that the court failed to fully exercise the limited constitutional interpretation power of the People's Court in the interpretation of the application of the clause,and that it did not fully understand the constitutional personal liberty clause and failed to distinguish between the personal liberty of constitutional protection and legal protection.The judges are still lacking in understanding the boundaries of public and private law.On the basis of empirical analysis,logical investigation,and theoretical reflection,the specific approach of the personal freedom clause in the civil judgment shall include the case that the constitutional clause shall be used as the basis of justification in the civil judgment documents,and there shall be cases of infringement of the right to personal liberty in the Constitution.Furthermore,the principle of "escape to general terms" and the prohibition of constitutionality judgments must be followed.Finally,through the judicial application of this clause,it is necessary to probe into the current situation of the application of constitutional law in the whole sense.