Free weight
Introduction
is known "free weight". Strictly speaking, "freedom" can not be established. The right is the right to realize their own will, which is to achieve the freedom of its own will. The essence of rights is freedom. Every right is a freedom. "Freedom" is freedom of freedom, or is obviously unable to say to the freedom of dominance. Personal freedom is the right to act in the legal scope of the rights, which is the right to action and should be called action. Action is the material sexual personal element of the body, and the right to act is material sexuality. Action is qualified to be a material sexual person. Personal is the sum of each person's element, the object of all personal rights, is not the object of action. "Personal" can be explained in Chinese, but the human body is the object of physical rights, nor is the object of action. Therefore, the rights of the right person's self-domain administration is called personal freedom, but this name is very popular. From the perspective, "action rights" can be divided into politics, Non-civil action and civil action. The traditional civil law divides "freedom" into the right to freedom of public law and freedom of freedom of private law. Political action rights is the right to personality in the political sector, including freedom of freedom of speech, freedom of publication, freedom of contributions, gathering parade demonstration, religious belief freedom, is not civil rights. Action Rights in Civil Law Index 's Civil Action.
Object of personal freedom
The object of action is the action man's action, not the right to be the right of the right of the right of the right, nor the body of the right person.
The content of personal freedom
The content of action is that the subject is self-supporting its own actions within the legal scope, others must not hinder. As an independent human rights, marriage self-sovereign rights, and the so-called insist on action. my country's "Civil Law General" puts marriage self sovereignty as an independent personality right; the right to know is introduced in the Privacy. This section only introduces chastity rights.
Citizen's personal rights
is the most basic right of citizens. It includes a relatively wide content. But mainly referring to life. healthy. Personality. Honorary and personal freedom and other rights, and the right to directly For example: citizen residential is not affected by violations.
In order to effectively protect the personal rights of citizens, democratic rights and other rights are not infringed, specializes stipulate the "violation of civil freedom, democratic rights". Article 131 clearly stipulates: "" Protecting the personal rights of citizens, democratic rights and other rights, is not subject to anyone, any organ is illegally violated. The illegal violations are serious, and the direct responsible personnel are criminalized. "
Type penalty
Related crimes
According to this principled provisions, my country has specified the following crimes in the protection of civil rights of citizens:
1. A crime of violation of people's lives, including: intentional murder and miscontinement of murder;
2. Infringement of the health of others, including: intentional injury and overcrowding;
3. Crimes that violate women's physical and mental health, including: rape sin, adultery young girl sin, forcible women's prostitution;
4. A crime of infringing human personal freedom, including: illegal detention, illegal control of crime, trafficking;
5. Crime of infringing human nominal reputation, including: crime, insult, defamation, prevailing, and criminal evil;
6. Infringement of crimes involving personal rights, including: illegal search crime, illegal search crime, illegal invasion of residential sins, gathering "smashing and grab" sin, due to the provision of the penalty, gathering people to fight people seriously, death, injury , Murder (including the negligence) theory, the law is sacred, no matter what person, if you don't hesitate to "trial", the personal rights to trample in the citizens, then the criminal law, then he must be sanctions by the law.
Citizen's personal rights type
1. Life is right. Article 98 of the Civil Law of the Civil Law stipulates: "Citizens have the right to life and health."
2. Name right. Article 99 of the Civil Law of the Civil Law stipulates: "Citizen has the right to name the name, which has the right to decide. Use and according to the regulations to change their name, prohibit others to interfere, steal, counterfeit."
3. Portrait right. Article 100 of the "Civil Law General" stipulates: "Citizens have portrait rights, not to use citizens with citizens without the consent of myself." The so-called "profit" is referring to the portraits of others to achieve themselves. Economic purpose. If you have not agreed, it will be displayed in the window of the photo studio, or used to advertise, trademark, and more. Article 139 of the Supreme People's Court on the Implementation of the General Law of the People's Republic of China (Trial) "Article 139 stipulates:" With the purpose of profit, it will use its portrait to advertise, trademark, decorative window, etc. without citizens. It is identified as a behavior that violates the portrait of citizens. "
4. Article 101 of the Civil Law of the Civil Law stipulates: "Citizens, legal people enjoy reputation rights, citizens' personal dignity is protected by law, prohibiting the use of insults, 诽, etc., the reputation of citizens and legal people." Procure the privacy of others in writing, verbal, etc. Or fabricate the facts of the facts, and the use of insults, defamation, etc., if you harm the reputation of others, it should be identified as the behavior of the human reputation.
5. Honor. Citizens' honor rights refer to citizens study, production. Work, combat, etc. have a significant title. Article 102 of the Civil Law of the Civil Law stipulates: "Citizens, legal people enjoy honor rights, prohibiting illegal deprivation of citizens, legal people's honorary title."
infringement of citizen's name, portrait, reputation, honor rights According to the provisions of Article 120 of the Civil Law, it is necessary to undertake a civil liability to stop the violation, restore his reputation, eliminate the impact, payment, and compensation. If you violate the reputation of citizens, it constitutes a crime, and punishment shall be punished according to the criminal law in insulting, defamation and defamation.
6. Marriage autonomy. Article 103 of the Civil Law of the Civil Law stipulates: "Citizens enjoy marriage self-sovereignty, prohibiting the behavior of marriage, packing of marriage and other interference marriage."
legal person's personal rights type
including: Name right, reputation and honor rights.
Citizen 's reputation is the right to invade the people from others to evaluate their social evaluation. Honorary, commonly known name, is a comprehensive evaluation of a civil morality, talent, ideological, and style of citizens. A person's reputation is directly related to citizenal individual's social status and dignity. The reputation of a person is very precious. It not only gets the respect and trust of others, but also the favorable conditions that are engaged in civil activities. Citizens have reputation rights according to law, and citizens must pay attention to the following:
1. Citizens must clear the rights of honorary rights: 1 Citizen has the right to maintain his reputation dignity. Since the honor is a comprehensive evaluation of a citizen, this comprehensive evaluation is the objective reflection of citizens for a long time, morality, talent and literacy. Therefore, for this objective evaluation, citizens maintain this evaluation Integrity, objectivity rights. 2 The reputation of citizens is infringed, and the citizens have the right to file a lawsuit to the court. Litigation is a legal way to maintain its rights and an indivisible part of the reputation rights.
Second, citizens should master the basis of identifying reputation rights: infringing reputation, mainly manifesting two ways of insulting and defamation, insulting means that he is notorburs to insult others, damage The personality of others is dignified. The composition of insult behavior must have the following items: 1 In the subjective infringement is intentional, it is consciously to harm the reputation of others, personality. If it is inadvertently speaking, it is desirable to have the reputation of others, and the personality is not intentionally insult, and does not constitute an insulting behavior. 2 The objective infringement has implemented words or behaviors that caused people's mental pain and humiliation. 3 Insult Behavior must be omnipotent, that is, there are third-person or more people who have been in the way, which can be insulting many people to see or hear. 4 Insulting behavior must be targeted, that is, insulting behavior is for specific people. If there is no target in public places, no targeted, does not constitute an insult behavior. Dramatism is that there is no hymnous, fabricated the facts, destroying the reputation of others, and personality. Define behavior must pay attention to the following conditions: 1 The defamation must have faults in subjective, including deliberate and negligence. 2 The objective infringement has implemented a behavior that is damaged by the reputation of others, which includes fabricated. The behavior of exaggerating and distorting the facts to reduce social evaluation of the citizen. 3 Defighting behavior is constant and targeted.
III, the reputation of citizens is invaded to request the infringement to terminate the infringement: publicly apologize, publicly eliminate the adverse effects caused by infringement, and resume the reputation, and also claims to compensate for the loss. If the invading is not ignored by the citizens, citizens can sue to the court.
Punishment
The behavior of violations of civil rights rights is made as follows:
1, horror, cruel performance. Organizers, stress, people who are less than 16 years of age, disabled, cruel performance, detention below 10 days, and 500 yuan or more, 1,000 yuan; lighter, 5 days Detained below 10, and a fine of less than 200 yuan or more 500 yuan.
2, forcing others to work. Forced others to work with violence, threats or other means, detention or less than 15 days above, and fine below 1,000 yuan or more; lighter with the plot, 4 days or more, 4 days, 200 yuan A fine below 500 yuan.
3, illegal limits the personal freedom of others. Deliberately deprived that the personal freedom is to be bundled, isolated, detained, and the identity document will not allow him to abruptly go out or contact the outside world, and the person is detained or less than 15 days above, and it is 500 yuan. The above 1,000 yuan is fine; it is more than the following three days, and the following is detained below 10 days, and a fine of less than 200 yuan or more is below 500 yuan.
4, illegally invading the home of others. For the consent of the residential owner, illegally entering others, or if there is no just reason to enter others, the residential owner is required to withdraw from the behavior that does not exit, and it is detained or less than 15 days above, and it is more than 500 yuan or more 1000. The following fines; the plot is lighter, and it is detained below the 5th and 10 days, and the following 500 yuan shall be imposed or less than 500 yuan.
5, illegal search of others. For violation of public security management, illegal search of others, it is detained or less than 15 days above 10 days, and it is imposed of 500 yuan or more than 1,000 yuan; the plot is lighter, and it is detained for 5 days or more, and 200 yuan A fine below 500 yuan.
6, stress, induce or use others to beg. For the behavior of stress, induce or use others, it is detained below the 15th of the 10th, and it can be fined below 1000 yuan.
7 is begging in the way others. Behavior or warning for repeated entanglement, forcibly discussing or imputing other people's ways.
8, write a threatening letter or threaten the safety of others in other ways. Threating other methods of writing threatening letters, bulk, bullets, bullets, carrying control tools, etc., 500 yuan or less than 500 yuan below 500 yuan; the circumstances are more than 10 days or more, It can be a fine below 500 yuan.
9, it is publicly insulting others. The behavior of the people who can make people who can make people who can make many people who have heard or see, to destroy the reputation of others, or fined 500 yuan or less than 500 yuan; if the circumstances are more than 10 days or more Detained, you can fined 500 yuan.
10, fabricated the facts of the facts. For the purpose of harming the personality and reputation, it is detained by the fact that the fake facts is made, and the behavior of the personality and reputation is damaged. It is penalized or 500 yuan or less; the circumstances are more than 10 days or more. It can be a fine below 500 yuan.
11, the desperate accusation is framed. I am arrested by the fact that it is criminally pursued by criminal investment or security management penalty, or less than 500 yuan shall be fined 500 yuan; if the circumstances are heavy, it is detention or less than 10 days or more, it can be 500 yuan The following fine.
12, the witnesses and their close relatives are retaliated. For threats, insults, beatings or hit reporters and their close relatives, 500 yuan or less than 500 yuan; if the circumstances are heavy, it is detained for 5 days or more, and it is possible to fine below 500 yuan.
13, send obscene, insult, intimidation, or other information. To send obscene, insulted, intimidation or other information through letters, telephones, networks, interfere with the normal life of others, detention or less than 500 yuan or less than 500 yuan; the circumstances are more than 10 days or more It can be a fine below 500 yuan.
14, voyeur, sneak shot, stealing, spreading others privacy. For such illegal acts, the 5-day fines or less than 500 yuan shall be fined below 500 yuan; if the circumstances are heavy, it is detained for 5 days and 10 days, and it can be fined 500 yuan.
15, beat or deliberately hurt others. For such illegal acts, it is detained for 5 days and 10 days, and it shall be imposed of more than 200 yuan or more or more of 500 yuan; the circumstances are lighter, detention or less than 500 yuan or less than 500 yuan. For those who have a bordering, hurt others, beat, hurt people with disabilities, pregnant women, people over 14 years old or 60 years old, have been beaten, hurt others or beat them, hurt people, 10 days or more or less than 15 days, and a fine of 500 yuan or more is less than 1,000 yuan.
16, 亵 人, deliberately bare body. For such circumstances, the harsh behavior is detained for 5 days or more. In addition, those who are mentally disabled, mental patients, those who are less than 14 years of age or have other serious circumstances, and detention below 10 days.