Research On The Optimization Of Civil Law Protection Rules Of Freedom Of Action In China

Freedom,that is,"not due to external forces,but due to oneself".As a basic right of natural persons,the right to freedom is an important basis for citizens to participate in social life and realize their own rights.In order to fully implement the humanistic thought of our country’s legislation and meet the real needs of our society,the Personality Rights of the Civil Code of the People’s Republic of China has innovatively established the right to freedom of action on the basis of absorbing past legislative achievements and judicial practice experience.The right to freedom of movement is a new type of right with Chinese characteristics.At present,the research on this right is still in its infancy.In order to effectively protect the natural person’s right to freedom of movement from infringement,it is necessary to clarify and optimize the rules of the right to freedom of movement.This article discusses the connotation of the right to freedom of movement,sorts out the nature and value of the right to freedom of movement,studies the historical evolution and protection status of freedom of movement,and analyzes the judicial status of disputes over infringement of the right to freedom of movement.Civil law protection rules,and put forward relevant suggestions for its inadequacies.The first part of the article studies the connotation and value of the right to freedom of action established by the Civil Code.Interpret the definition and content of the right to freedom of movement.The right to freedom of movement refers to the free activities of natural persons in the space permitted by law according to their own wishes.By sorting out the similarities and differences between the right to freedom of action and related concepts,it is hoped that the nature of the right to freedom of action is a defensive specific personality right,which is a part of the right to personal freedom.The establishment of the right to freedom of movement has important legislative value and practical significance,which not only helps to enrich the theoretical research on the legislation of the right to freedom of physical movement with Chinese characteristics,but also helps to solve the practical needs of our society for the protection of personality rights,so as to respond to the development of the times and the Challenges posed by technological progress.The second part mainly discusses the historical evolution and protection status of the right to freedom of movement.The right to freedom of movement originates from the personal freedom clause in Article 37 of the Constitution,and is a new type of right arising from the transformation of personal freedom from public power into private rights.Although it is clear at the legislative level that the right to freedom of movement is worthy of protection,there are some loopholes in the rules of the right to freedom of movement that need to be filled due to the consideration of the stability of the law and the continuation of the previous legislative structure.The third part examines the current judicial practice of the right to freedom of action,searches the civil judgments with "freedom of action" and "personal freedom" as the key words,and sorts out the sample cases and analyzes them by type.According to the analysis of the sample cases,three problems exist in the judicial status: before the official implementation of the Civil Code,the legal application of disputes over the right to personal liberty was confusing,the right to freedom of movement should not be included in the scope of physical rights,and the restrictions on the right to freedom of movement were not clearly defined.The fourth part puts forward corresponding optimization suggestions based on the problems obtained in the summary.The author believes that the "personal freedom" in Article990 of the Civil Code should be reinterpreted,the content of the right to freedom of movement should be re-established,and the restriction rules of the right of freedom of movement should be added to achieve the purpose of clearing the source of the original.One of the most important features of civil law in the new era is the change from emphasizing property relations to emphasizing personal relations.The Personality Rights of the Civil Code closely follows this theme and achieves legislative innovation.The right to freedom of action is the result of legislative innovation,which perfectly embodies the legislative thought of humanism.However,there is still room for further improvement in terms of system and logic,and I hope to rectify this in the near future,so that the content of the right to freedom of action and even the right to personality can be more accurate and perfect.