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What is the right to freedom? Which basic rights stipulated in our country’s modern laws belong to the right to freedom? How to protect these rights?

The right to freedom is a basic right of human rights.

Including:?

1. Freedom of speech, press, assembly, association, procession and demonstration.

2. Personal freedom. Including personal freedom is not infringed, personal dignity is not infringed, home is not infringed, and freedom of communication and confidentiality are protected by law.

3. Citizens’ freedom of religious belief.

Freedom of speech, press, assembly, association, procession and demonstration;

Freedom of religious belief;

Freedom of communication; belongs to the right of freedom

On how to safeguard one’s own right to freedom:

Right to personal freedom:

(1) Article 37 of the Constitution stipulates: “The personal freedom of citizens of the People’s Republic of China is not subject to any Violation. No citizen shall be subject to arrest, illegal detention or other methods of illegally depriving or restricting a citizen's personal freedom, or illegal searches of a citizen's body, except with the approval or decision of the People's Procuratorate or the decision of the People's Court and by the public security organs. "

(2) Article 238 of the Criminal Law stipulates: "Whoever illegally detains others or illegally deprives others of their personal freedom by other methods shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, surveillance, or deprivation of political rights. If the circumstances are insulting, he shall be severely punished. "Article 245 of the Criminal Law stipulates: "Anyone who illegally searches the body or residence of another person, or illegally invades the residence of another person, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention." In addition, the Criminal Law also punishes kidnapping, abducting, and trafficking of women. Children's crimes are stipulated in detail, and criminal acts that illegally infringe upon citizens' right to personal freedom are punished with criminal penalties to protect citizens' right to personal freedom.

? (3) Article 64 of the Criminal Procedure Law stipulates: “When the public security organ detains a person, it must produce a detention certificate.” Article 65 stipulates: “The public security organ shall issue a detention certificate to the detainee before he is detained. The interrogation shall be conducted within 24 hours. If it is found that the person should not be detained, he must be released immediately and a release certificate shall be issued. "Article 69 stipulates: "If the public security organ considers that the detained person needs to be arrested, he shall notify the people within 3 days. The Procuratorate shall review and approve the case. Under special circumstances, the time for requesting review and approval may be extended from 1 to 4 days. For major suspects who commit crimes frequently, commit crimes in groups, the time for requesting review and approval may be extended to 30 days. "Article 111. Article 112 stipulates: “When conducting a search, a search warrant must be presented to the searcher.” Article 112 stipulates: “During the search, the person being searched or his family members, neighbors or other witnesses shall be present. When searching a woman’s body, the search warrant shall be present. Conducted by female staff. "These procedural provisions fully reflect the protection of the personal freedom rights of criminal suspects and defendants.

2. Religious belief:

The Constitution of the People's Republic of China promulgated in 1954 stipulates: "Citizens of the People's Republic of China have freedom of religious belief."

In the "Constitution of the People's Republic of China" adopted by the Fifth Session of the Fifth National People's Congress on December 4, 1982, freedom of religious belief is a basic right of citizens. Article 36 of the Constitution stipulates: “Citizens of the People’s Republic of China have freedom of religious belief.” “No state agency, social group or individual may force citizens to believe in a religion or not to believe in a religion, nor may they discriminate against citizens who believe in a religion or those who do not believe in a religion. "The state protects normal religious activities." It also stipulates: "No one may use religion to engage in activities that disrupt social order, harm citizens' health, or interfere with the national education system." "Religious groups and religious affairs are not subject to foreign interference." Domination of power.

"

China's "Regional Ethnic Autonomy Law", "General Principles of Civil Law", "Education Law", "Labor Law", "Compulsory Education Law", "People's Congress Election Law", "Village Committee Organization" Law", "Advertising Law" and other laws also stipulate that citizens regardless of religious belief have the right to vote and be elected; the legal property of religious groups is protected by law; education and religion are separated, and citizens regardless of religious belief enjoy equal access to education in accordance with the law Opportunities; people of all ethnic groups must respect each other’s language, customs, and religious beliefs; citizens should not be discriminated against in employment because of different religious beliefs; advertisements and trademarks must not contain discriminatory content against ethnic groups and religions.

In January 1994, the Chinese government promulgated the Regulations on the Management of Religious Activity Venues to safeguard the legitimate rights and interests of religious activity venues. In February of the same year, the Chinese government also promulgated the Regulations on the Management of Religious Activities of Foreigners within the People's Republic of China. "Provisions" respect the freedom of religious belief of foreigners in China and protect friendly religious exchanges and cultural and academic exchange activities between foreigners and Chinese religious circles.

Chinese law stipulates that citizens enjoy religious freedom. While enjoying the right to freedom of belief, they must also bear the obligations stipulated by the law. In China, any person or group, including any religion, must safeguard the interests of the people, safeguard the dignity of the law, safeguard national unity, and safeguard national unity. This is in line with the United Nations human rights instruments. It is consistent with the relevant contents of the Convention.

While protecting normal religious activities, the state must resolutely crack down on illegal criminal activities and counter-revolutionary activities under the cloak of religion, as well as all kinds of activities that do not fall within the scope of religion. Superstitious activities that endanger social order and people's lives and property

3. Freedom of speech:

1. Freedom of expression refers to the rights granted by the constitution to citizens through oral, written, writing and film<. /p>

The right to express one’s own opinions and views through music, drama, music, radio and television, etc.

It has broad and narrow meanings:

1) Speech in the narrow sense. Freedom is the right of citizens to express opinions or discuss issues in public places

;

2) Freedom of speech in a broad sense includes both expressing opinions and discussing issues in public places Question rights

also include rights such as freedom of the press, academic freedom, and freedom of the press.

2. As an important civil right in the modern constitution, freedom of speech is a bourgeois interference. The product of the revolution. The 1776 Constitution of Virginia in the United States first provided for the protection of people's freedom of speech. In 1789, the French "Declaration of the Rights of Man" declared "the free expression of ideas and opinions."

It is one of the most precious human rights. Therefore, every citizen has the freedom of speech, writing and publication." The constitutions of socialist countries also attach great importance to freedom of speech. , All constitutions since the founding of our country have included freedom of speech as a citizen's right in the constitution.

3. Freedom of speech The core of a person’s legal right as a citizen is that any legislation and administrative activities of the country must not deprive citizens of their freedom of speech. However, any freedom is not Absolutely

all will be subject to certain restrictions. The main restrictions on freedom of speech include the following:

1) Protection of individuals from defamation or other division of rights;

2) The need to maintain social moral standards;

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3) The need to maintain public order when domestic violence or riots occur;

4) The need to defend national security when foreign enemies invade;

※Our country Article 51 of the Constitution clearly stipulates: "When exercising their rights and freedoms, citizens of the People's Republic of China may not harm the interests of the state, society, collectives or other citizens.

's legal freedoms and rights.

"The specific manifestations are that when exercising rights and freedoms:

1) Speeches shall not be used for counter-revolutionary propaganda and counter-revolutionary incitement;

2) Speeches shall not be used to falsely accuse or frame other citizens. ;

3) Do not use speech to insult, slander, or slander the human dignity of other citizens.

4. Many countries have formulated special regulations regarding the scope and methods of restrictions on freedom of speech.

Laws should be adjusted, such as press law, publication law, defamation law, broadcasting law, etc. Constitutional law

Divides the different legal restrictions in various countries into two types: preventive system and punitive system. Types:

1) The preventive system is a prior restriction, that is, all speeches, publications, etc. that exercise the right to freedom of speech

are subject to intervention and review by certain state agencies before expression. , the former can only realize its wish to express speech through the censorship of the latter.

2) The system of recourse to punishment is an ex post facto restriction, that is, all speech and publication are not subject to prior censorship. , all major systems in the world such as the UK and the United States are presumed to be exercisable, and only when expressions constitute illegal activities will they be sanctioned in accordance with legal procedures. Most countries implement this system

.