2009•Journal of Tianjin Administrative Cadre College of Politics and LawRequires access
On Improvement of the Principle of Legal Restraint of Restrictions on the Constitutional Rights in China
Yang Gui-sheng
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Abstract
In order to maintain the existence of human community we must restrict the individual rights and freedom.However,to restrict the rights aims at realizing or protecting the individual rights.Therefore,many countries in the world have established the principle of legal restraint in the Constitution to restrict citizens' fundamental rights.However,due to the reasons of history,there are still some problems about the principle of legal restraint so that some restrictions on fundamental rights have gone beyond the borders of degrees in China's current Constitution,and some citizens' fundamental rights have failed to be protected effectively.In view of this,we must improve the principle of legal restraint from the perspectives of the contents,the modes and the clauses of the restrictions on constitutional rights in China.