The right to equality refers to the right of citizens to enjoy their rights equally without any discrimination and ask the state to give them equal protection. In modern constitutional countries, the right to equality is first manifested in the principle that everyone is equal before the law. The details are as follows:
1. China citizens, regardless of nationality, race, sex, occupation, family background, religious habits, education level, property status and length of residence, enjoy the rights and perform the obligations stipulated in the Constitution and laws equally.
Anyone's legitimate rights and interests are equally protected, and all illegal acts should be investigated according to law.
3. Before the law, no citizen is allowed to enjoy privileges outside the law, no one is allowed to force any citizen to assume obligations outside the law, and no citizen is allowed to be punished outside the law.
All citizens are equal before the law, which includes both equality in law application and equality in law-abiding. It does not include equality in legislation, and the ruling class and the ruled class cannot be equal in legislation. In addition, equality before the law is only equality within the scope of law, not equality in fact.
Two. Political rights and freedoms (85 1)
Concept and scope of political rights (299)
Political rights refer to the possibility of citizens participating in the political life of the country according to the provisions of the Constitution and laws. It takes two forms: one is that citizens participate in activities organized and managed by the state and society on the basis of exercising their right to vote and be elected; The other is the freedom of citizens to freely express their opinions and wishes in the political life of the country. Usually manifested as freedom of speech, publication, assembly, association, procession and demonstration, referred to as political freedom.
(2) Protection of Political Rights (205)
The state power of the people's democratic dictatorship provides a political basis for citizens to exercise their political rights; China has enacted common laws to guarantee the realization of citizens' political rights, such as the Administrative Procedure Law and the Law on Assembly, Demonstration and Demonstration, which provide legal protection for citizens to exercise their political rights. China's Constitution pays attention to the material guarantee for the realization of political rights, such as election funds paid by the state treasury.
(3) the content of political rights (455)
1, right to vote and stand for election
The right to vote and stand for election refers to the right of voters to elect or be elected as representatives of representative organs and public officials of specific state organs according to law. In our country, except those who are deprived of political rights according to law, citizens who have reached the age of 18 have the right to vote and stand for election, regardless of nationality, race, sex, occupation, family background, religious belief, education level, property status and length of residence.
2. Freedom of speech, publication, assembly, association, procession and demonstration.
Freedom of speech means that citizens have the freedom to express their thoughts and opinions on various political and social issues through language. There are two ways of language: spoken language and written language. China citizens' freedom of speech should be exercised within the scope prescribed by law: freedom of speech should not be used to incite the masses to oppose the government and endanger the peace of the country and society; Freedom of speech shall not be used to insult and slander the personal dignity of others.
Freedom of the press is the freedom of citizens to express their thoughts and opinions in the form of publications. Freedom of the press should also be enjoyed and exercised in accordance with the law. In addition to observing the legal provisions on freedom of speech, it should not use publications to spread the decadent ideas of the exploiting classes. What our country is implementing now is the management method of combining the prevention system with the pursuit and punishment system, and the prevention system is the method of early intervention; The system of pursuing punishment is a way to investigate illegal acts afterwards.
Freedom of association is the freedom of citizens to organize or join continuous social groups according to legal procedures for a certain purpose. Citizens are divided into profit-making organizations and non-profit organizations for different purposes, and non-profit organizations are divided into political organizations and non-political organizations. The laws of various countries usually have strict restrictions on political association. 1998 10 The Regulations on the Registration of Social Organizations adopted by the State Council is the main law to be followed in exercising freedom of association.
Freedom of assembly, procession and demonstration is an important form for citizens to express their wishes, which directly reflects the constitutional status of citizens.
(1) Freedom of assembly is the freedom of citizens to meet temporarily in a certain place for a common purpose, discuss issues or express their wishes. Freedom of assembly is the extension and expansion of freedom of speech, and the influence of freedom of speech can be expanded and better realized through assembly. Assembly and association are also different. Assembly is a temporary gathering, while association is a long-term and continuous combination with fixed organization, articles of association and system.
Freedom of procession means that citizens have the freedom to express their strong wishes in public roads or open spaces by means of assembly, procession and sit-in.
Freedom of demonstration is the freedom for citizens to gather together to express their strong will to show their determination and strength.
The common point of freedom of assembly, procession and demonstration is that everyone has the freedom to express his will; The difference lies in the degree, way and method of expressing will. As the exercise of the freedom of assembly, procession and demonstration mostly takes place on public roads or open spaces, with a large number of people attending or watching, which is emotionally contagious and has a great impact on society, citizens should pay attention to the requirements stipulated by law when exercising these freedom rights, but they should also pay attention to not harming the interests of the state, society and the collective and the legitimate freedoms and rights of other citizens.
③1989101October 3 1 day, the Seventh the National People's Congress Standing Committee (NPCSC) passed and promulgated the Law on Assemblies, Processions and Demonstrations. Concepts and standards of assembly, procession and demonstration; The procedures for applying for and obtaining permission, the place, time and code of conduct of assembly, procession and demonstration, and other competent departments and specific management procedures and measures; And the legal responsibility that illegal acts should bear. This law is an important basis and legal guarantee for realizing citizens' freedom of assembly, procession and demonstration endowed by the Constitution, and it is also a necessary restriction on the abuse of this freedom.
Third, the right to supervise (923)
The right of supervision is the right of citizens to supervise the activities of state organs and their staff. According to the actual situation of the object of supervision, citizens choose the appropriate way by themselves.
(1) Right to criticize and suggest (337)
The right of criticism means that citizens have the right to criticize the mistakes and shortcomings of state organs and state functionaries in their work. The right of suggestion refers to the right of citizens to put forward constructive opinions on the work of state organs and their staff. The exercise of the right to criticize and suggest is conducive to opposing bureaucracy and improving work efficiency.
(2) Right to sue and report (475)
The right to report refers to the right of citizens to report and accuse any state organ or state functionary of illegal and dereliction of duty. The right to report refers to citizens' illegal and dereliction of duty against state organs and state functionaries, and they have the right to expose the facts to the relevant authorities and demand that they be dealt with according to law. The difference between the two is that the accuser is often the victim, and the accuser is generally not directly related to the incident; Accusations are required to be handled according to law in order to safeguard their own rights and interests, while accusations are generally aimed at upholding justice and safeguarding public interests.
(3) Right of appeal (286)
It means that when citizens' legitimate rights and interests are infringed by wrong or illegal decisions and judgments made by administrative organs and judicial organs, or because of the violation of laws and dereliction of duty of state functionaries, the infringed citizens have the right to appeal to the relevant organs and ask for re-handling. The right of action includes the right of litigation appeal and the right of non-litigation appeal.
(4) Right to State Compensation (423)
People who have suffered losses due to the infringement of civil rights by state organs and their staff have the right to compensation according to law. The State Compensation Law has made more detailed provisions on this.
Four, freedom of religious belief (404)
Freedom of religious belief means that every citizen has the freedom to believe in religion and not to believe in religion according to his own wishes; There is freedom to believe in this religion and freedom to believe in that religion; The same religion has the freedom to believe in this Sect and the freedom to believe in that Sect; Freedom of religious belief from the past to the present, freedom of religious belief from the past to the present; Freedom to participate in religious ceremonies according to religious beliefs and freedom not to participate in religious ceremonies.
Religion is a kind of social ideology, and its essence is opposite to the Marxist world outlook. China's Constitution stipulates freedom of religious belief because: ① Religion is a historical phenomenon, which has its process of occurrence, development and extinction. (2) Religious belief is a realization problem. We can only use democratic methods and persuasion and education to solve the ideological and cognitive problems of citizens, and we must never force orders or interfere rudely. The existence of religion has the characteristics of long-term, international, national and mass. Correctly handling religious issues is of great significance to national unity, national unity and international exchanges.
Freedom of religious belief is a basic right of citizens and is guaranteed by the Constitution and laws. No state organ, social organization or individual may compel citizens to believe in or not believe in religion, and may not discriminate against citizens who believe in or not believe in religion.
The state protects normal religious activities. No one may use religion to engage in activities that disrupt social order, harm citizens' health or interfere with the national education system. 199 10 the National People's Congress Standing Committee (NPCSC) has adopted a decision on banning cult organizations and preventing and punishing cult activities. The state's crackdown on cult organizations according to law is conducive to protecting normal religious activities and citizens' freedom of religious belief. Cults are anti-social and anti-government, and their fallacies are contrary to religious teachings. A cult organization refers to an illegal organization established under the guise of religion, qigong or other names, which deifies the ringleaders, confuses and deceives others, develops and controls its members, creates and spreads superstitions and heresies, and harms society.
Five, personal freedom (789)
Personal freedom is a right system centered on personal protection, and it is the premise for citizens to participate in national life, social life and enjoy other rights.
(1) Personal freedom is inviolable (390)
The inviolability of personal freedom means that a citizen's person (including body or spirit) is not illegally restricted, searched, detained or arrested. It has the following meanings: ① No citizen can be arrested unless it is approved or decided by the people's procuratorate or decided by the people's court and executed by the public security organs, including the state security department. It is forbidden to illegally detain or restrict or deprive citizens of their personal freedom by other means. It is forbidden to illegally search citizens' bodies, and it is illegal for judicial organs to forcibly search citizens' bodies in violation of procedures prescribed by law or organizations and individuals who do not enjoy the right to search according to law.
(2) Personal dignity is inviolable (254)
A citizen's personality is a citizen's qualification as a human being. Legally speaking, it refers to the independent qualification as the subject of rights and obligations. Personality right mainly refers to name right, reputation right, honor right, portrait right and personal right. The Constitution of China clearly stipulates: "People's Republic of China (PRC)'s personal dignity is inviolable. It is forbidden to insult, slander or falsely accuse or frame citizens. "
(3) Citizens' homes are inviolable (248)
Citizens' homes are inviolable, which means that without legal permission, no organ, group or individual may invade, search or seal up citizens' homes at will. When public security organs and procuratorial organs need to search the defendant and relevant places in order to collect criminal evidence and arrest criminals, they must strictly follow the procedures prescribed by law. According to the criminal law of our country, anyone who illegally searches or invades another person's house shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
(4) Citizens' freedom and privacy of communication are protected by law (2 17).
According to the Constitution, citizens' freedom and privacy of communication are protected by law. No organization or individual may infringe upon citizens' freedom and privacy of communication for any reason. No one may conceal, destroy, disclose or eavesdrop on citizens' communications.
Under certain conditions, public security organs and procuratorial organs may check citizens' correspondence according to law for the sake of national security or the need of investigating criminal offences.
Social, economic, cultural and educational rights of intransitive verbs (469)
(1) Social and economic rights (663)
It refers to the rights that citizens enjoy with material and economic benefits in accordance with the Constitution, and it is the material guarantee for citizens to realize their basic rights. As the content of constitutional guarantee, social and economic rights began with the Weimar Constitution of 19 19.
1, civil property rights
China's Constitution stipulates that "the state protects citizens' legitimate ownership of income, savings, houses and other lawful property. The state protects citizens' right to inherit private property according to law. "
2. Right to work
The right to work means that all citizens who have the ability to work have the right to get work and remuneration. The right to labor and employment is the core content of labor rights and the premise for citizens to exercise labor rights. Labor remuneration is the material remuneration that citizens get after paying a certain amount of labor.
3. Workers' right to rest
The right to rest is the right of workers to rest and farm. The right to rest is the basis of the existence and development of labor rights, and it is an important right for workers to enjoy cultural life and improve themselves.
4. Right to material assistance
The Constitution of China stipulates: "People's Republic of China (PRC) has the right to get material help from the state and society in case of old age, illness or loss of working ability." The right of material assistance refers to the right of citizens to obtain living security from the state and society and enjoy collective welfare when they are unable to obtain the necessary material means of subsistence due to loss of working ability or temporary loss of working ability. It is mainly composed of specific rights such as maternity protection, disability protection, death protection and retirement protection.
(2) Cultural and educational rights (362)
1. Right to education
The right to education is an important right enjoyed by citizens in the field of education, and it is the right for citizens to receive education and training in culture and science. It includes the right of citizens to receive education according to their abilities, the equality of educational opportunities and the realization of education through different stages and forms. In our country, education is also the obligation of citizens.
2. Cultural rights
Citizens of People's Republic of China (PRC) (China) enjoy the freedom to engage in scientific research, literary and artistic creation and other cultural activities. The state encourages and helps citizens engaged in education, science, technology, literature, art and other cultural undertakings to carry out creative work beneficial to the people.
Seven, the rights of specific subjects (392)
(1) Protecting women's rights (232)
Article 48 of the Constitution clearly states: "Women in People's Republic of China (PRC) enjoy equal rights with men in political, economic, cultural, social and family life. The state protects women's rights and interests, implements equal pay for equal work for men and women, and trains and selects women cadres. " The Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC) has made more specific provisions on the protection of women's rights.
(2) Protection of marriage, family, mother, children and the elderly (228)
Article 49 of the current Constitution stipulates that "marriage, family, mother and children are protected by the state" and "it is forbidden to undermine freedom of marriage and maltreat the elderly, women and children".
(3) Protecting the lawful rights and interests of overseas Chinese, returned overseas Chinese and their relatives (24 1)