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Basic rights and obligations of citizens

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					Basic rights and obligations of citizens

Section I outlines basic civil rights and obligations

Nationality, is a recognized symbol of citizenship. China does not recognize dual
nationality. Acceptance, renunciation and restoration of Chinese nationality in the
country for local city and county authorities the Public Security Bureau, the Chinese
diplomatic missions abroad and consular offices. Renunciation and restoration of
Chinese nationality to apply for approval by the Ministry of Public Security.

First, the basic rights and obligations of the concepts and features of the basic
Citizens basic rights and fundamental obligation is recognized by the Constitution, as
citizens should enjoy and fulfill the most basic legal rights and obligations.
(A) of the basic rights and basic obligations for the citizens and countries, are
indispensable;
(B) of the Constitution the basic rights and fundamental duties is intended primarily
for the protection of civil rights violations against the authority of government;
(C) constitute the basic rights and obligations of ordinary legal rights and obligations
of the foundation and principles;
(D) not to give up some fundamental rights, such as personal freedom, can only be
deprived by law, and not give up.
Example multiple choice】 【constitutional rights of citizens of the following
socio-economic, cultural and educational rights in which citizens can actively and
positively does not belong to the State the right to request? () (2007)
A. Right to Education
B. Property Rights
C. inheritance
D. The right to work
【Q & A No. 921 040 101: Questions for the title】
Answer: BC
Analysis: social and economic rights means that citizens enjoy under the Constitution
the right of economic interests with the material, to achieve the basic rights of citizens
protected material. Education is the civil rights under the Constitution, in the field of
education and culture to enjoy the rights and freedoms. In addition to property rights
and inheritance rights, the citizens of the socio-economic, cultural and educational
rights of citizens are actively doing, that citizens can request the initiative of the State.

2, Basic Rights
(A) the effectiveness of the concept and characteristics of basic rights
Basic Rights is a fundamental right to the field of social life generated by binding, the
purpose is to protect the constitutional value of human rights implementation.
(B) reflect the effect of fundamental rights
1, Basic Rights of the legislative constraints;
2, Basic Rights of the constraints on executive power;
3, Basic Rights of the Judicature.

Third, restrictions on fundamental rights limits
(A) to limit the concept and the basis of fundamental rights
Restriction of fundamental rights is the basic right to determine the scope, so that may
not exceed a certain limit, more than the right to limit constitutes abuse. The
fundamental rights of specific performance by the restriction of fundamental rights as
fundamental rights of the subject and the form of restrictions on specific activities.
Specifically restrict basic rights include:
1, the main part of the basic rights denied;
2, stopped the exercise of certain fundamental rights;
3, for social welfare, the special subject of fundamental rights to restrict the activities,
such as political activities of civil servants, the military's restrictions on
political rights.
(B) limit the purpose of basic rights
As the constitutions of various countries are different in nature, the purpose of the
restrictions on fundamental rights also show different characteristics. View from the
States Constitution limit the fundamental rights of the purpose of three main aspects,
namely, to maintain social order, the protection of national security and safeguarding
the public interest.
(C) the basic form of restriction of fundamental rights
According to the Constitution and laws to restrict the fundamental rights of the form
are:
1, the inherent restrictions of basic rights
2, the Constitution and laws of the restrictions
(D) a state of emergency restrictions on basic civil rights
Section II of the fundamental rights of our citizens

Equal rights means that citizens enjoy equal rights, without any difference in
treatment, and demanded the right to equal protection. In the modern constitutional
state, the right to equality is first expressed as the principle of equality before the law,
our emphasis on law enforcement, justice, equality and law-abiding
Political rights and freedom to vote and stand for election
Political freedom, including freedom of speech, press, assembly, association, of
procession and of demonstration
Supervision and the right to compensation, criticisms and suggestions, including the
right to supervise and report against the right (as in this example), right of appeal
Every citizen has the freedom of religious belief in accordance with the wishes of
their own religion, have no freedom of religious belief; a belief that religious freedom,
but also believe that freedom of religion; in the same religion, there is belief that
religious freedom also believe that religious freedom; the non-believers in the past
and now religious freedom, but also in the past and now non-believers of religious
freedom; have to participate in religious freedom, but also the freedom not to
participate in religious ceremonies
Personal freedom of citizens from unlawful infringement of physical and mental
Inviolability of human dignity. Citizens by any means is prohibited insult, slander and
false accusation against
The residences of citizens shall be inviolable. Against unlawful search or intrusion
into citizen's house
Communication secrets and freedom of communication. Except for national security
or the need for the investigation of crimes by the police or prosecution in accordance
with procedures prescribed by law to inspect the communication, no organization or
individual may, on any grounds, infringe upon civil liberties and privacy of
communication
Socio-economic, cultural and educational aspects of property rights
Labor rights, the rights and duties is
Workers the right to rest
Rights and obligations of education
The right to material assistance (old age, illness, loss of ability to work)
Scientific research, literary and artistic creation and other cultural activities
Specific human rights protection of women's rights
Protection of the rights of retirees and revolutionary martyrs
Protection of marriage, family, mothers, children and the elderly
Care for youth and children's growth
To protect the legitimate rights of overseas Chinese, returned overseas Chinese and
relatives of overseas Chinese's legal rights
【Example】 The court case of problems: a city to enhance road traffic management,
standardize the chaotic traffic order, decided to introduce a new initiative, the traffic
management department issued a circular to the public, who own motor vehicles in
violation of traffic regulations under video, park photos, video information, send
confirmation by the traffic management department, was adopted and the local
television broadcast, shall be RMB 200 -300 yuan reward. This will enable many
people enthusiastic to report illegal vehicles and the traffic order and a time was
significantly improved, people were satisfied. After news reports, many cities in the
province and even other provinces to learn, learn. At the same time, there have been
some unexpected things: there are illegal drivers Quwang not want to be where people
know, television stations broadcast the vehicle and the background, causing family,
colleagues and tension, and even affect the party After a normal life; the car people to
portrait, reputation and rights are violated, the television, the traffic control
department to court for; the drivers were illegally fired unit that is the traffic control
department of range caused by the exercise of power; the likelihood of snatched who,
after being hit deliberately illegal vehicles to the traffic control department claims;
even use candid photos of people to ask for driving high "secret
money" and so on. Press the above information was disclosed, the order of
city traffic management measures has aroused great controversy and different views.
(2003)
Question: Please talk about your city traffic order new measures to control the legality
and rationality of awareness. (Note: not only in respect of some of the problems this
caused, the case on the law applicable to the specific comments)
Answer requirements:
1. The use of knowledge to master the law that the correct interpretation of your views
and reasons;
2. Reasoning fully, rigorous logic, language fluency, expression and accurate;
3. Answer open style, word count 800-1000 words required.
【Q & A No. 921 040 102: Questions for the title】
Reference answer:
City traffic management measures related to administrative legitimacy and rationality
of the two aspects.
Recognized the legitimacy of actions: First, the city government have the right to
encourage people to take pictures. Secondly, according to the Constitution, the public
prosecution or charges against a right to sue, in this case citizens have the right to take
photographs of vehicles on the violation. Therefore, the municipal
government's actions are lawful.
Reasonable behavior determined: first, through the initiative, the city's
traffic conditions improved significantly in the short term, the public satisfaction.
Second, by the way to encourage people to take pictures, save the law enforcement
costs, improve law enforcement efficiency. Therefore, the municipal government, it is
reasonable behavior.
In summary, from the Constitution the right of citizens to monitor the point of view,
the city's actions are both lawful and reasonable.
Looking for the best】 【example the following statements about the rights of our
citizens which comply with the provisions of the Constitution? () (2004)
A. Citizens of any state organ or staff, have the right to criticize and make suggestions
B. citizens of any state organ or charges against the staff, there are complaints,
charges or exposures of the right
C. Upon receipt of any state organs citizen complaints, charges or exposures, they all
must ascertain the facts to deal with
D. staff of state organs and the loss of civil rights violations, victims have the right to
seek compensation according to law
【Q & A No. 921 040 103: Questions for the title】
Answer: ABD
Analysis: "Constitution," Article 41 stipulates: "The
People's Republic of China citizens of any state organ or staff, have the
right to criticize and make suggestions; for any state organ or staff complaints or
charges against, any state organs complaints, charges or exposures of the rights, but
fabrication or distortion of facts for false accusation. for citizens with complaints,
charges or exposures must ascertain the facts relating to the national authorities to
handle. No one may suppress or retaliate. As the State organs and state violations of
civil rights workers who have suffered losses, according to the law have the right to
compensation. "So C items should be excluded.
Looking for the best】 【Example of China "constitution"
stipulates that citizens of the home is inviolable. Which of the following options are
violations of civil housing activities? () (2008)
A. intrude into citizens housing
B. illegal search a citizen residential
C. Residential illegal trade in civil
D. Civil illegal rental housing
【Q & A No. 921 040 104: Questions for the title】
Answer: AB
Analysis: "Constitution," Article 39 stipulates that citizens of
the PRC homes are inviolable. Against unlawful search or intrusion into
citizen's home. Therefore, a violation of the Constitution provides citizens
the level of residential, including citizens of the illegal search of residential homes
and intrude into citizens, so the question of the correct option is AB.

Section III the basic obligations of our citizens

Citizens enjoy rights under the Constitution and the law should also fulfill its
obligations under the Constitution and laws. Fundamental duties of citizens under the
Constitution has the following main elements:
(A) safeguarding national unification and ethnic unity;
(B) abide by the Constitution and the law, keep state secrets, protect public property
and observe labor discipline and public order and respect social ethics;
(C) maintain the security, honor and interests;
(D) to defend the motherland, according to military service and join the militia;
(E) tax compliance;
(Vi) other basic obligations.
【       Example          single    answer,        according       to      the      existing
"constitution", and on civil rights and freedoms, which of the
following options is correct? () (2008)
A. labor, education and military service law is the basic rights of citizens is the basic
obligations of citizens
B. the right to rest is the main body of all citizens
C. citizens in old age, illness or incapacity is not the case, and society from the state
the right to material assistance
D.2004 on "constitutional amendment" provides that the State
respects and safeguards human rights
【Q & A No. 921 040 105: Questions for the title】
Answer: D
Analysis: A item, labor, education is the fundamental rights of citizens is the basic
obligations of citizens, but military service is clearly not the right of citizenship, so A
is wrong. "Constitution" Article 43, The People's
Republic of China workers have the right to rest. Rest is the main body can be seen
right    of     all     citizens  rather     than     workers,    so    B      is   wrong.
"Constitution" Article 45, The People's Republic of
China citizens in old age, illness or incapacity of the case, from the state and society
the right to material assistance. National development for citizens to enjoy the rights
necessary social insurance, social relief and medical and health services. Therefore C
is also wrong item. 2004 "Amendment to the Constitution,"
Article 24 and the "Constitution" Article 33, paragraph 3, the
state respects and safeguards human rights. So D is correct.

				
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