Study On Civil Protection Of The Right Of Personal Freedom In China

People's right of freedom is the basic human right of a citizen.On the civil protection of the right to personal freedom,the 109 th article of the general law of the civil law regulated as followed: “The natural person's personal freedom and personal dignity should be protected by law.” Although the right of personal freedom should been protected by the law had been pointed out,But it is not clear how to protect the right of personal freedom.The law does not stipulate how to punish the action that infracting other's right of freedom.This makes it impossible to provide an effective way for the civil protection of the right of personal freedom in the process of the application of the law.This article analyses the false imprisonment from American Law,by introducing the connotation,constitutive requirements,liability form,exemption cause,compensation scope and so on of false imprisonment,aiming at seeking an improvement solution about the civil protection of the right of personal freedom in China.Except the introduction and conclusion,this article is divided into five chapters.The first chapter is the reference of false imprisonment in the United States to the civil protection of the right of personal freedom in China.This part is divided into three aspects: An overview of false imprisonment in the United States,the status quo on civil protection of the right of personal freedom in China,the reference of false imprisonment in the United States to the civil protection of the right of personal freedom in China.The second chapter is the entity affirmation of false imprisonment in the United States.This part mainly discusses the five content of false imprisonment: meaning,constitutive requirement,forms of liability,exemption excuses,extent of compensation.The third chapter is the procedural problem of false imprisonment.This part includes two aspects: the burden of proof and qualified.The forth chapter is design of legal framework about the right of personal freedom in China.This part is divided into two parts: setting the compensation system for personal liberty into two parts in china,announcing the right of personal liberty is protected by tort liability law in China.The fifth chapter is the design of the tort on the right of personal liberty in China.This part is divided into five aspects: expounding the meaning of the tort on the right of personal liberty in China,announcing constitutive requirement of the tort on the right of personal liberty,setting exemption excuses of the tort on the right of personal liberty,setting extent of compensation of the tort on the right of personal liberty,setting the burden of proof of the tort on the right of personal liberty.