Traditional Culture Encyclopedia - Traditional culture - Our constitution stipulates that citizens have the freedom of what
Our constitution stipulates that citizens have the freedom of what
I. The Constitution stipulates the basic rights of our citizens, which mainly include the following: (1) equality before the law; (2) political rights and freedoms, including the right to vote and the right to stand for election, and the freedoms of speech, of the press, of assembly, of association, of procession, and of demonstration; (3) freedom of religion and belief; (4) the right of the person and of personality, including the right to inviolability of personal freedom (4) the right of person and personality, including inviolability of personal freedom, inviolability of human dignity, inviolability of the home, and legal protection of freedom and privacy of correspondence; (5) the right to supervision, including the right to criticize, make suggestions, lodge complaints, sue and denounce the state organs and their personnel, and to obtain compensation in accordance with the law; and (6) socio-economic rights, including the right to work, the right of workers to rest, the right of retired persons to livelihood protection, and the right to obtain social security from the state and society when one is old, sick, disabled, or has lost the ability to work. (7) social and cultural rights and freedoms, including the right to education and the freedom to engage in scientific research, literary and artistic creation and other cultural activities; (8) the right to the protection of women, including the right of women to enjoy the same rights as men in the areas of political, economic, cultural, social and family life; (9) marriage, the family, and the protection of mothers and children by the State; and ( 10) the legitimate rights and interests of overseas Chinese, returned overseas Chinese and overseas Chinese dependents are protected by the State. II. How are marriage, family, motherhood and children protected by the State implemented in real life? (a) The reasons for the current situation are as follows: a recent sample survey by the China Women's Federation shows that domestic violence is quite common in China, occurring not only between husbands and wives, but also between parents and their minor children, and between adult children and their elderly parents. According to statistics, among the 270 million families in the country, women who have suffered from domestic violence have amounted to as much as 30 per cent, and 90 per cent of the abusers are men. Every year, nearly 100,000 families are disintegrated as a result of domestic violence. Influenced by the traditional Chinese concept of the family, many people still hold the view that men are superior to women, and some people wrongly believe that wife-beating and child-beating are domestic affairs and not illegal. Victims, on the other hand, feel that domestic violence is a family scandal that "must not be publicized", so many choose to suffer in silence. (ii) Legislative preparation On November 24, 2014, the Standing Committee of the National People's Congress (NPC) has included the Anti-Domestic Violence Law in the current legislative planning, which is now in the drafting stage. Chapter III Disposal of Domestic Violence Article 13 Victims of domestic violence, their legal representatives, and close relatives may file complaints and seek assistance from the aggressor or the victim's unit, grassroots mass self-government organization, women's federation, and other relevant organizations. Upon receipt of a complaint or request for assistance in relation to domestic violence, the relevant unit or organization shall, in a timely manner, discourage, mediate and criticize and educate the aggressor. Victims of domestic violence, their legal representatives and close relatives may also report cases directly to the public security organs. With regard to acts of domestic violence, any organization or citizen has the right to dissuade or stop them, or to report them to the public security organs. Article 14 The following institutions shall promptly report to the public security organs any domestic violence suffered by a person who is incapable of civil behavior, a person with limited capacity for civil behavior, or a person who is unable to report the crime due to old age, disability, or serious illness, if they discover that the person has been subjected to domestic violence in the course of their work: (1) relief and management institutions and social welfare institutions; (2) primary and secondary schools and kindergartens; and (3) medical institutions. According to the need to commission an injury appraisal; the victim is a minor, shall promptly organize an injury appraisal and proper placement. Article 16 When public security organs conduct inquiries, they shall separate the victim from the perpetrator. When questioning minor victims, the public security authorities shall take into account the physical and mental characteristics of minors in order to prevent further harm. Where it is necessary to bring a minor victim to the public security organs for questioning, his or her legal representative shall be notified of his or her presence. Where it is not possible to do so, or where the legal representative is unable or refuses to appear, or where the legal representative is the aggressor, the minor victim's close adult relatives may be notified, or representatives of the school or grass-roots mass self-governance organization in which he or she is enrolled may be notified of his or her presence, and the relevant information shall be put on record. Article 17 medical institutions shall provide timely treatment for victims of domestic violence, and make a good record of treatment. Article 18 The people's governments at the county level or the municipal level shall establish or designate shelters for victims of domestic violence who are temporarily unable to return home to provide emergency shelter and short-term living assistance. Article 19 of domestic violence has not yet constituted a violation of public security management, crime, the public security organs can be warned in writing the aggressor shall not again domestic violence, and will be admonished to copy the place of residence of the victim or the place of habitual residence of grass-roots mass self-governance organizations, women's associations. Article 20 For domestic violence that should be pursued through private prosecution of the victim's criminal responsibility, the public security organs shall inform the victim or his or her legal representative or close relative that he or she may sue the people's court directly. If the victim is a person incapable of civil behavior or a person with limited capacity for civil behavior, and his or her legal representative or close relatives have not told him or her on his or her behalf, the people's procuratorate may do so. Article 21 legal aid organizations shall provide legal aid to eligible victims of domestic violence. Encourage and support legal service organizations to reduce or waive legal service fees for victims who have genuine economic difficulties but do not meet the conditions for legal aid. Where a client who meets the conditions for legal aid applies for judicial appraisal, the judicial appraisal organization shall, in accordance with the relevant provisions, reduce or waive the fees for judicial appraisal. The people's courts shall reduce, waive or suspend litigation fees for eligible victims of domestic violence. Article 22 The people's courts shall, in accordance with the law, promptly accept and hear civil and criminal cases involving domestic violence. Article 23 The people's courts shall, in hearing civil cases involving domestic violence, reasonably allocate the burden of proof. Where the victim is unable to collect evidence on his or her own for objective reasons, the people's court shall investigate and collect it. Article 24 Where divorce proceedings result from domestic violence, the people's court shall protect the interests of the victim in terms of property division, child support and housing. Article 25 of the guardian to commit domestic violence seriously infringes on the legitimate rights and interests of the person under guardianship, the people's court may, on the basis of the application of the person or unit concerned, revoke his or her qualifications as a guardian, and appoint another guardian. A guardian who is legally obligated to provide maintenance, support and upbringing, but whose guardianship has been revoked, shall continue to bear the corresponding maintenance, support and upbringing expenses. After three months from the date of revocation of guardianship, the person concerned may apply in writing to the people's court for reinstatement of the guardianship. Article 26 The people's procuratorates shall, in accordance with the law, legally supervise the work of the public security organs and people's courts in handling cases of domestic violence. Chapter IV Personal Safety Protection Ruling Article 27 The people's courts hearing divorce, alimony, maintenance, adoption, inheritance and other civil cases in the process, the victim of domestic violence can apply to the people's court for a personal safety protection ruling. Victims of domestic violence may also apply to the people's court for a ruling on personal safety protection before filing a lawsuit. If the victim does not bring an action in accordance with the law within 30 days of the people's court's ruling, the people's court shall revoke the ruling. Where the victim is unable to apply to the people's court for a ruling on personal safety protection, his or her legal representative or close relatives may apply to the people's court for a ruling on his or her behalf. Article 28 of the habeas corpus ruling application shall be made in writing. Article 29 application for a ruling on habeas corpus shall meet the following conditions: (a) there is a clear respondent; (b) there is a specific request (c) there are specific facts and reasons. Article 30 Where a victim applies for a ruling on personal safety protection before filing a lawsuit, the jurisdiction of the people's court where the victim or aggressor is domiciled, habitually resides, or has jurisdiction over the case shall be that of the people's court. Article 31 After accepting an application, a people's court shall make a habeas corpus ruling within 48 hours. Where the application does not meet the conditions set forth in Article 29, or where the applicant fails to provide evidence, or where the evidence provided is insufficient to prove that the aggressor has committed an act of aggression, the people's court rules that the application should be rejected. Article 32 A habeas corpus ruling includes one or more of the following: (a) prohibiting the aggressor from re-aggravating the victim; (b) ordering the aggressor to move out of the victim's residence; (c) prohibiting the aggressor from approaching the victim; and (d) prohibiting the aggressor from disposing of the victim's residence and any other real estate owned by the same ****. Article 33 The people's court shall, within 24 hours of making a ruling on habeas corpus, serve it on the applicant, the victim and the aggrieved person, and copy the ruling on habeas corpus to the public security organs of the place of domicile or habitual residence of the victim and the aggrieved person, to grass-roots mass self-governance organizations, and to women's associations. If the applicant, the victim or the victimizer is not satisfied with the habeas corpus ruling, he or she may, within five days from the date of receipt of the ruling, apply for a reconsideration to the people's court that made the ruling. Enforcement of the ruling shall not be suspended during the period of reconsideration. Article 34 A habeas corpus ruling takes effect from the date it is made, and is valid for a period of one to six months. Within the validity period of a ruling on personal safety protection, the applicant, the victim or the victimizer may apply to the people's court for revocation of the ruling. Upon expiration of the ruling on personal safety protection, the applicant may apply to the people's court for another ruling. Article 35 Where the public security organ, people's procuratorate or people's court decides to release a suspect or defendant who has committed a domestic violence crime on bail pending trial, it may add one or more of the contents of Article 32 to the decision to release the suspect or defendant on bail pending trial. Article 36 For criminals who have committed a crime of domestic violence and have been given a suspended sentence or sentenced to control, one or more of the contents of Article 32 may be added to the judgment. Chapter V Legal Liability Article 37 domestic violence constitutes a violation of public security management, the public security organs shall be given public security management penalties; constitutes a crime, by the judicial organs shall be investigated for criminal responsibility. Article 38 violation of the victim of personal safety protection ruling, the people's court in accordance with the provisions of article 111, article 115, article 116 of the civil procedure law shall be punished; constitutes a crime, shall be investigated for criminal responsibility. Article 39: Where rescue and management organizations, social welfare institutions, primary and secondary schools, kindergartens and medical institutions fail to report cases to the public security authorities in accordance with the provisions of Article 14, and where such failure results in serious consequences, the persons in charge and others directly responsible shall be punished in accordance with the law. Article 40 State employees who are responsible for combating domestic violence Neglect of duty, abuse of power, favoritism, or disclosure of privacy, shall be given sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Legal Objective:Article 51 of the Constitution of the People's Republic of China and the People's Republic of China shall not jeopardize the interests of the state, society, the collective, or the lawful freedoms and rights of other citizens in the exercise of their freedoms and rights.
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