(Clearwisdom.net)

Article 33

All persons holding the nationality of the People's Republic of China are citizens of the People's Republic of China. All citizens of the People's Republic of China are equal before the law. Every citizen enjoys the rights of, and at the same time must perform the duties prescribed by the Constitution and the law.

Article 37

The personal freedom of citizens of the People's Republic of China is inviolable.

No citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security agency.

Unlawful deprivation or restriction of citizens' personal freedom by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited.

Article 38

The personal dignity of citizens of the People's Republic of China is inviolable. Insult, libel, false charge, or frame-up directed against citizens by any means is prohibited.

Article 39

The homes of citizens of the People's Republic of China are inviolable. Unlawful search of, or intrusion into, a citizen's home is prohibited.

Article 40

The freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No organization or individual may, on any grounds, infringe upon the freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state security or of investigation into criminal offenses, public security or procuratorial agencies are permitted to censor correspondence in accordance with procedures prescribed by law.

Article 41

Citizens of the People's Republic of China have the right to criticize and make suggestions to any state agency or functionary. Citizens have the right to make to relevant state agencies complaints and charges against, or exposure of, any state agencies or functionary for violation of the law or dereliction of duty; but fabrication or distortion of facts for the purpose of libel or frame-up is prohibited.

The state agency concerned must deal with complaints, charges or exposures made by citizens in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges and exposure, or retaliate against the citizens making them.

Citizens who have suffered losses through infringement of their civil rights by any state agency or functionary have the right to compensation in accordance with the law.

Article 51

The exercise by citizens of the People's Republic of China of their freedoms and rights may not infringe upon the interests of the state, of society and of the collective, or upon the lawful freedoms and rights of other citizens.

In addition to the Chinese Constitution, according to the International Covenant on Civil and Political Rights, to which China is a signatory, it is clearly regulated in Article 18 that, "Everyone shall have the right to freedom of thought, conscience and religion."

Article 19 states, "(1) Everyone shall have the right to hold opinions without interference. (2) Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice."

Posting date: 9/17/2002
Original article date: 9/17/2002
Category: News & Media Reports
Translated on 9/8/2002
Chinese version available at http://www.minghui.org/mh/articles/2002/9/5/36111.html

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