① Legal reservation

Legal reservation is a kind of basic rights restriction system implemented by Germany as the main representative country, which emphasizes that the restriction of basic rights must obey the laws passed by representative organs (parliament or parliament) under any circumstances.

② Equal protection

Equality, as a basic principle of the Constitution, is mainly manifested in the following three situations in legislation restricting citizens' basic rights:

First, the same situation should be treated equally, that is, the legislative subject should treat citizens in the same situation equally, oppose discrimination and maintain the relative stability of the law.

Second, different situations should be treated differently, that is, the legislative subject should conduct a full social investigation, consider all the situations that should be considered, and treat different groups of citizens differently before implementing legislative acts.

The third is proportional treatment, that is, the legislative subject should allocate the rights and obligations of citizens according to different proportions of different situations.

③ Proportional principle

The balance of interests requires that the legislature should reasonably weigh the conflicting public interests and personal interests when setting restrictions on citizens' basic rights, so as to make the best choice and judgment; In other words, we can neither infringe on personal interests excessively in order to safeguard public interests, nor sacrifice public interests excessively in order to protect personal interests.

④ the principle of unconstitutional review

According to the general principle of constitutionalism, in order to restore the constitutional order, citizens' basic rights can be restricted by legislation under the condition that public interests may be seriously damaged, but this restriction must be carried out under the strict constraints of the constitution and cannot avoid the norms, principles or spirit of the constitution; If citizens think that their basic rights have been unnecessarily violated by the legislative power of the state, they have the right to apply to the constitutional judicial organ for constitutional review of this legislative act.

(2) the way of restriction

The basic rights of citizens are guaranteed by the constitution and actively safeguarded by the state's public rights, but the supremacy of their status does not mean that they are not subject to any restrictions; Constitutional practice also shows that the restriction of basic rights and the inviolability of basic rights go hand in hand. Restrictions on basic rights can be understood from the following two aspects:

① Internal constraints

The so-called internal restriction refers to the mutual restriction of basic rights, that is, the restriction of one basic right to another and the restriction of one subject to another. For example, the exercise of the right to freedom of speech cannot constitute an infringement on the privacy and personal dignity of others, which is essentially an inevitable constraint of freedom of speech as a right.

② External constraints

The so-called external restriction refers to the restriction that is necessary to realize order, welfare, public order and good customs and is allowed by the constitutional value goal. The "order, welfare, public order and good customs" here can be collectively called "public interest".

The principle of public interest is the basic principle that modern constitutional rights allocation must follow. According to this principle, in the contradictory movement between public interest and personal interest, public interest is the main aspect of contradiction and occupies a dominant position, while personal interest is the secondary aspect of contradiction and occupies a dominant position; When personal interests and public interests meet in the same field, personal interests should be subordinate to public interests.