On The System To Protect The Right Of Personal Liberty

The personal liberty is the most essential part of citizen rights, and it is also the premiss of the other rights. In our country, the general people do not have a deep perception of human rights. As in the legislation in protecting persional liberty, there is still a deep gap between China and Western countries, also with the international criterion. In the recent years, the instances of harming personal liberty often occurred, which have created a very bad social influence to the Construction of a harmonious society. Therefore, to study the protection system of persional liberty has a practical significance. It is a complex task to protect persional liberty, which requires the cooperation of the laws of all ranks. But the protection of persional liberty should be first and foremost the task of Constitution. Not only the affirm of the persinal liberty should be written in the Constitution, but the procedure and mechanism for realizing it should also be expressed in the Constitution.From the perspective of the Constitution, this paper set forth the nature and connotation, analyse and compare with the constitutional provisions about persional liberty of several countries in the world, summarize the basic principle of protection of persional liberty, expound the system of writ of hubeas corpus, discuss the need and feasibility of introducting the system of writ of hubeas corpus. As to the deficiency in the protection of persinal liberty in our country. I suggest that we should add procedural items on the protection of persional liberty, and introduce the system of writ of hubeas corpus as a relief system of the protection of persinal liberty.This article is consisted of three parts. The first part set forth the nature and connotation of persional liberty, list the different definition of persional liberty of other countries, elucidate my persional understanding of persional liberty, and expatiate its signification after the discrimination with persional rights. According to generalizing the nature of persional liberty and defining the scope of persional liberty, this article points out that it is studying the constitutional protection of persional liberty in the narrowest definition. The second part deals with the necessity and feasibility of the constitutional protection of persional liberty, which settle the visual angle and lay of constitution for the following argumentation. In this part, I emphasize analysing the constitutional regulations of protection of persional liberty of several representative countries including England, the U.S.A, France, Russia and China, study the difference among the five countries, sum up the common principle on restricting human rights in these constitutions, then provide a criterine for the protection of persional liberty of our country. On this basis, reflect the defect of our constitutional provisions on protection of persional liberty, and make suggestions to consummate the protection of persional liberty for our country. The third part concerns the protection in the system instead of only affirmation in the Constitution. First, introduce the origin, definition and importance of the system of writ of hubeas corpus. Second, probe into the operating bases of the system of writ of hubeas corpus, analyse the relationship between liberalism, due process of law, the supremacy of law, the independence of judiciary and the birth, development and operation of the system of writ of hubeas corpus. Third, introduce the operating procedure of the writ of hubeas corpus of England and the U.S.A, as well as the international human rights documents on the hubeas corpus, and provide a model for the introduction of this system. Fourth, expound the necessity of introducing the system of writ of hubeas corpus. The construction of the system of writ of hubeas corpus is the necessity of writing human rights into the Constitution and abiding by the international treaties, and this system will help solve the problems of inquisition by torture and extended custody, and the significance of strenthening the protection of persional liberty, from these aspects above, I will set forth the necessity. Finally, explore the Chinese indigenous system of writ of hubeas corpus. To perfect the clause of persional liberty in Constitution and the relevant terms in the department law is the premise of the construction of the system of writ of hubeas corpus; to draw the special persional protection law and matching mechanism is the key; to cultivate the legal consciousness of the citizens is the guarantee for the exertion of this system.