First, an overview of basic rights is a result of the constitutionalization of rights, which constitutes the constitutional status of rights. Rights refer to an act that citizens obtain benefits by doing or not doing within the scope stipulated by the Constitution and laws. According to the content and internal structure system of rights, rights are divided into ordinary rights and basic rights. Ordinary rights are the rights stipulated in the common law, which are the specific rights enjoyed by the subject of power in the specific legal relationship, reflecting the legal status of the subject of rights, while basic rights are the rights stipulated in the Constitution, involving the basic aspects of social life and reflecting the constitutional status of the subject of rights.
Basic rights are a comprehensive system of rights determined by the constitutional norms. The so-called basic rights refer to the rights endowed by the Constitution that show the important position of the subject of rights in the system of rights. It embodies the fundamental, fundamental and decisive nature of rights, occupies a core position in the rights system, shows the constitutional status of citizens, reflects the relationship between state power and citizens' rights, forms the bond of interest distribution and rights restriction between state organs and citizens, and is the basis for the operation of a national political system. The subjects of basic rights include citizens, foreigners and legal persons. The direct application of basic rights to social life is an important trend in the development of constitutional science. Concrete basic rights directly bind state organs and have direct effect, while abstract basic rights need to be transformed into concrete basic rights through concrete legislation and have indirect effect.
From the content of basic rights, China has set the basic rights of citizens in an enumerated way, and the specific scope includes: 1. Right to equality. 2, the right to vote and to be elected. 3. Freedom of speech, publication, assembly, procession, association and demonstration. 4. Personal freedom. 5. Freedom of religious belief. 6. Cultural and educational rights. 7 social and economic rights. 8. Supervision and claim. 9. Specific subject rights. The scope of basic rights stipulated in China's constitution basically reflects the universal requirements of the development of world rights, and embodies that citizens obtain the most fundamental right status in the constitutional system.
in order to maintain social order, national security and public interests, it is necessary to restrict some basic rights in a specific period, a specific region and a specific subject. However, restrictions on basic rights must meet the following conditions: 1. There is a clear legal basis. 2. The law is constitutional. 3. Have a clear public welfare purpose. 4. There shall be no restrictions on specific rights. 5, can't infringe on the essence of freedom and rights.
second, the basic rights of citizens
(1) the right to equality
The right to equality refers to the rights and principles that citizens enjoy their rights equally, without any discrimination, and require equal protection from the state. It establishes the boundary and basic starting point of the activities of state organs, and it is also a method or means for citizens to realize their basic rights. Citizens enjoy rights and perform obligations equally. It is not only the basic rights of citizens, but also the constitutional principle of a country ruled by law. The contents include equality before the law and prohibition of differential treatment.
(II) Political rights
Political rights are the behavioral possibilities for citizens to participate in the political life of the country in accordance with the Constitution and laws. On the one hand, it is political right to participate in the organization and management of the state and society by exercising the right to vote and be elected, on the other hand, it is political freedom to express opinions and wishes freely in the political life of the country. The scope includes the right to vote and be elected, freedom of speech, publication, assembly, association, procession and demonstration.
1. The right to vote and to be elected is the right of voters to elect representatives of representative organs and public officials of specific state organs according to law. The right to stand for election refers to the right of voters to be elected as representatives of representative organs and public officials of specific state organs according to law. Without interests, there is no election, and without elections, there is no democracy. The right to vote is a specific right, which can bring certain benefits, including the right to choose, vote, vote, supervise and recall.
2. Freedom of speech, publication, association, assembly, procession and demonstration 1) Freedom of speech: Freedom of speech is the freedom of citizens to publicize their thoughts and opinions through various language forms. The Constitution mainly refers to freedom of political speech, which is an effective form for citizens to participate in state management. Including the freedom of expression and communication of ideas, the freedom of speech organs, the right to know and the right to argue. Being at the core of the political rights system, it is the foundation of democratic politics and has the function of political supervision.
2) Freedom of the press: Freedom of the press means that citizens can freely express their opinions and opinions on state affairs, social affairs, economic and cultural affairs through publicly distributed publications, including newspapers, periodicals, books, audio-visual products and electronic publications. It is an important embodiment of democratic politics and has the functions of political supervision and information dissemination.
3) Freedom of association: refers to the freedom of citizens to form certain social groups according to the procedures prescribed by law for certain purposes. Including for-profit and non-profit purposes, political and non-political.
4) Freedom of assembly, procession and demonstration: An assembly refers to an activity that gathers in an open public place to express opinions and wishes. Parade refers to the activities of marching in public roads and open-air public places to express * * * consent. Demonstration refers to the activities of expressing demands, protests, support, solidarity, etc. in open-air public places or public roads by means of assembly, procession and sit-in. Freedom of assembly, procession and demonstration is the extension and concretization of freedom of speech and a strong form and means for citizens to express their wishes. These three freedoms are interrelated, which is the basic requirement of modern democratic politics, the concrete embodiment of the principle that all power belongs to the people's constitution, and an effective way to communicate with the government and express their wishes, which is conducive to social and political stability and prevent violence from being forced to Liangshan after the lack of such channels.
(3) Freedom of religious belief
Freedom of religious belief refers to the freedom of citizens to voluntarily believe in religion according to their inner beliefs. The content includes freedom to believe or not to believe in religion, freedom to believe in one religion or another, freedom to believe in one Sect or another in the same religion, freedom to believe in the past and not to believe in it now, and freedom to believe in it now.
(4) personal freedom
personal freedom, also known as physical freedom, refers to the freedom of citizens' personal freedom from illegal infringement, which is a right system centered on personal protection and the basis for citizens to participate in political and social life. The contents include: 1. Personal freedom is inviolable: it means that citizens enjoy the right to be free from any illegal search, detention, arrest, deprivation or restriction.
2. inviolability of personal dignity: refers to the inviolable rights such as reputation, name and portrait, which are closely related to the human body, which are embodied in the right of personality, such as the right of name, portrait, reputation, honor and privacy. Insult, slander and false accusation are prohibited.
3. Citizens' houses are inviolable: that is, the right to housing security means that the places where citizens live and live are not subject to illegal intrusion and search.
4. Freedom of communication: refers to the freedom of citizens to communicate according to their own wishes through letters, telephones, telecommunications and other means of communication without interference from others. Specifically, communication secrets are protected by law, belonging to private life secrets and freedom of expression. Including citizens' correspondence, others shall not detain, conceal or destroy it, and others shall not read or eavesdrop on the contents of citizens' correspondence and calls.
(V) Socio-economic rights
Socio-economic rights refer to citizens' rights to enjoy material benefits in accordance with the provisions of the Constitution and are the material guarantee for citizens to realize other rights. It is a compound right, and new types of rights, such as consumer rights, environmental rights and social security rights, have emerged. China's Constitution stipulates the following contents: 1. Citizen's property right: refers to the right of individual citizens to obtain property through labor or other legal means and enjoy possession, use, income and disposal of property. The scope includes legal income, savings, houses and other legal property, and the right to invest, manage and inherit is also listed.
2. Right to work: It means that all citizens who have the ability to work have the right to engage in labor and get paid for it. It is dual and an obligation. Including the right to employment and the right to remuneration.
3. Right to rest: refers to the right of workers to rest and recuperate. It is the condition for the continuation of the labor force, and it is also the right for workers to enjoy cultural life and self-improvement. Work 8 hours five days a week and enjoy public holidays, statutory holidays, annual holidays, family leave, etc.
4. Social security right: refers to the right of individuals who are in a state of protection due to social dangers to claim payment from the state in order to maintain a dignified life. It is an obligation that a constitutional state must fulfill and a safety valve of modern society. As a right system, it includes specific rights such as maternity protection, disease protection, disability protection, death protection and retirement protection.
(6) The right to culture and education
is a comprehensive right system, which is in a basic position in the basic rights system. Education embodies the right to education, and culture embodies the freedom of scientific research, literary and artistic creation and other cultural activities.
1. Right to education: the right of citizens to receive training in cultural and scientific knowledge. It is the unity of freedom and social rights, and the unity of rights and obligations. Educate according to ability and enjoy equal opportunities in education.
2. Freedom of scientific research: citizens have the right to discuss problems in the scientific field freely, and illegal interference is not allowed; Citizens have the right to publish their research results through various forms, and the state has the obligation to provide the necessary conditions; The state shall reward and encourage scientific researchers and protect scientific research achievements.
3. Freedom of literary and artistic creation: Citizens have the right to engage in literary and artistic creation freely and publish their achievements. Different styles and schools are allowed to exist, state power shall not illegally interfere with literary and artistic creation, and reasonable boundaries should be paid attention to when making restrictions.
4. Freedom of other cultural activities: refers to viewing, appreciating and enjoying cultural works and engaging in various recreational activities.
(VII) Supervision and claim
1. Supervision refers to the right of citizens to supervise the activities of state organs and their staff. It embodies the principle of people's sovereignty. Specifically, it includes the right to criticize, suggest, accuse, report and appeal.
2. Right of claim: the right of citizens to demand certain actions from the state in accordance with the provisions of the Constitution. It is a means right to realize basic rights and a concrete and realistic right with general effect. Including the right of state compensation, the right of state compensation, the right of adjudication and, in a broad sense, the right of supervision.
(8) Protection of rights of specific subjects
1. Protection of women's rights: equality between men and women, equal pay for equal work and training of women cadres. In 1992, the Law on the Protection of Women's Rights and Interests was passed. Special protection shall be given to their rights to equal family life, equal pay for equal work, education, equal employment, labor protection and childbearing.
2. Protection of children's rights: The Law on the Protection of Teenagers' Rights and Interests provides specific protection for children's upbringing, education, social security, personality, adoption and the growth of disabled children.
3. Protection of the rights of the elderly: The Law on the Protection of the Rights and Interests of the Elderly provides specific protection for the retirement, support and living security of the elderly.
4. Protection of the rights of the disabled: Through the Law on the Protection of the Rights and Interests of the Disabled and other relevant laws, the rights to life security, employment, education, political rights and personality rights of the disabled are specifically protected.
5. Protection of the rights of overseas Chinese, returned overseas Chinese and their relatives: domestic law and diplomatic protection are applicable to the protection of overseas Chinese, and the protection of returned overseas Chinese and their relatives is implemented through the Law on the Protection of the Rights and Interests of Returned Overseas Chinese and Their Families.
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III. Basic obligations of citizens
Legal obligations mean that the obligor must do or refrain from doing certain acts according to the law to meet the requirements of the obligee. Basic obligations refer to the legal responsibilities that citizens must fulfill according to the Constitution. The basic obligations of citizens determine their political and legal status in national life.
Articles 52 to 56 of our Constitution stipulate the basic obligations of our citizens: 1. The obligation to safeguard national unity and national unity.
2. Abide by the Constitution and laws.
3. Obligation to safeguard national security, honor and interests.
4. Obligation to perform military service according to law.
5. Obligation to pay taxes according to law.